FREE BOOKS

Author's List




PREV.   NEXT  
|<   614   615   616   617   618   619   620   621   622   623   624   625   626   627   628   629   630   631   632   633   634   635   636   637   638  
639   640   641   642   643   644   645   646   647   648   649   650   651   652   653   654   655   656   657   658   659   660   661   662   663   >>   >|  
ds Congress to deprive a man of his property, without due process of law; the right of property in slaves is distinctly and expressly affirmed in that Constitution: therefore, if Congress shall undertake to say that a man's slave is no longer his slave when he crosses a certain line into a Territory, that is depriving him of his property without due process of law, and is unconstitutional." There is the whole Dred Scott decision. They add that if Congress cannot do so itself, Congress cannot confer any power to do so; and hence any effort by the Territorial Legislature to do either of these things is absolutely decided against. It is a foregone conclusion by that court. Now, as to this indirect mode by "unfriendly legislation," all lawyers here will readily understand that such a proposition cannot be tolerated for a moment, because a legislature cannot indirectly do that which it cannot accomplish directly. Then I say any legislation to control this property, as property, for its benefit as property, would be hailed by this Dred Scott Supreme Court, and fully sustained; but any legislation driving slave property out, or destroying it as property, directly or indirectly, will most assuredly, by that court, be held unconstitutional. Judge Douglas says if the Constitution carries slavery into the Territories, beyond the power of the people of the Territories to control it as other property; then it follows logically that every one who swears to support the Constitution of the United States must give that support to that property which it needs. And, if the Constitution carries slavery into the Territories, beyond the power of the people, to control it as other property, then it also carries it into the States, because the Constitution is the supreme law of the land. Now, gentlemen, if it were not for my excessive modesty, I would say that I told that very thing to Judge Douglas quite a year ago. This argument is here in print, and if it were not for my modesty, as I said, I might call your attention to it. If you read it, you will find that I not only made that argument, but made it better than he has made it since. There is, however, this difference: I say now, and said then, there is no sort of question that the Supreme Court has decided that it is the right of the slave holder to take his slave and hold him in the Territory; and saying this, judge Douglas himself admits the conclusion. He says if that is so, this c
PREV.   NEXT  
|<   614   615   616   617   618   619   620   621   622   623   624   625   626   627   628   629   630   631   632   633   634   635   636   637   638  
639   640   641   642   643   644   645   646   647   648   649   650   651   652   653   654   655   656   657   658   659   660   661   662   663   >>   >|  



Top keywords:

property

 
Constitution
 

Congress

 

control

 
legislation
 

carries

 
Territories
 

Douglas

 

Supreme

 

argument


modesty

 

directly

 

indirectly

 

conclusion

 

decided

 

support

 

Territory

 
people
 

slavery

 

unconstitutional


States
 

process

 
swears
 
United
 

gentlemen

 

supreme

 

question

 

difference

 
holder
 

admits


attention

 
logically
 

excessive

 

legislature

 

decision

 

depriving

 

confer

 

Legislature

 

Territorial

 

effort


expressly

 

affirmed

 

distinctly

 

slaves

 

deprive

 
crosses
 

longer

 
undertake
 

things

 

absolutely