annel? What would that other channel probably be? Would
the number of John Browns be lessened or enlarged by the operation?
But you will break up the Union rather than submit to a denial of your
constitutional rights.
That has a somewhat reckless sound; but it would be palliated, if not
fully justified, were we proposing, by the mere force of numbers, to
deprive you of some right plainly written down in the Constitution. But we
are proposing no such thing.
When you make these declarations, you have a specific and well-understood
allusion to an assumed constitutional right of yours to take slaves into
the Federal Territories, and to hold them there as property. But no such
right is specifically written in the Constitution. That instrument is
literally silent about any such right. We, on the contrary, deny that such
a right has any existence in the Constitution, even by implication.
Your purpose, then, plainly stated, is that you will destroy the
Government unless you be allowed to construe and enforce the Constitution
as you please on all points in dispute between you and us. You will rule
or ruin, in all events.
This, plainly stated, is your language. Perhaps you will say the Supreme
Court has decided the disputed constitutional question in your favor.
Not quite so. But, waiving the lawyer's distinction between dictum and
decision, the court have decided the question for you in a sort of way.
The court have substantially said it is your constitutional right to take
slaves into the Federal Territories, and to hold them there as property.
When I say, the decision was made in a sort of way, I mean it was made
in a divided court, by a bare majority of the judges, and they not quite
agreeing with one another in the reasons for making it; that it is so made
as that its avowed supporters disagree with one another about its meaning,
and that it was mainly based upon a mistaken statement of fact--the
statement in the opinion that "the right of property in a slave is
distinctly and expressly affirmed in the Constitution."
An inspection of the Constitution will show that the right of property in
a slave is not "distinctly and expressly affirmed" in it. Bear in mind,
the judges do not pledge their judicial opinion that such right is
impliedly affirmed in the Constitution; but they pledge their veracity
that it is "distinctly and expressly" affirmed there--"distinctly," that
is, not mingled with anything else; "expressly,
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