but it was in terms a compact more than a legislative act,
and as such by consent of all the States concerned, became binding on
the government and the States under the Constitution. It is, therefore,
no precedent for mere legislative acts of Congress, prohibiting or
permitting slavery in any territory.

4. The Constitution, like the Union itself, is the result, as declared
by its framers, of "a spirit of amity and of mutual deference and
concession." It recognizes slavery as a lawful institution under local
law, in the basis of representation and taxation--in the right to
continue the African slave trade until 1808, and in the right to reclaim
fugitive slaves; but it concedes to Congress no express power to
establish, or to prohibit, or abolish slavery in the States.

5. The territory acquired by the Federal government, has been acquired
under the power to admit new States. The end of acquisition was to make
new States, not colonies nor provinces. Hence, whether the power in
Congress to govern such territory is derived from the power to make
needful rules and regulations concerning the territory or other property
of the United States, or the power to admit new States, or any other
express power, the power must be exercised with reference to its only
legitimate end, the formation and admission of new States, in all
respects of internal sovereignty equal to the original States; and the
Constitution rightfully interpreted therefore, requires Congress to do
no more as to legislation for the territories than to provide for
territorial governments, through which the people may form and regulate
their own internal affairs, subject only to the Constitution of the
United States, and to admit them as States whenever ripe for that event.
The object of providing territorial governments is to enable the
territorial people to exercise self-government, and if fit for it as to
one class of domestic institutions, they are fit for it as to another;
if fit to define the relations and rights of husband and wife, of parent
and child, of guardian and ward, they are equally fit to define them as
to master and servant.

6. If there be precedents in the action of Congress for prohibiting
slavery, there are equal precedents for permitting it or extending it.
Slavery was extended by acquiring Louisiana and Florida; it was extended
by admitting Kentucky, Tennessee, Alabama, Mississippi, Louisiana,
Missouri, Arkansas, Florida and Texas as Slave