, 1860-06-06
A DlspurE POINT DISCUSSED.

A DlSrU CED POINT DISCUSSED.
Tbs first par.sraoh o: tho eighth Resolution
Il thu + publican Platform asserts, "That the
normal coucition Of all tEo Territory Of 1h-
United Staes is freedom" 1mmedil.ely fol- |
lowing this, it. ia claimed. "Thnt as our Re-
public G4.hera, when they abolished Slavery
In all cur Ma iona1 Territory, ordained that
no person should be deprived sf lie, liberty,
or pr. porly, without due process Of law,' it be.
comes Ctr duty by legislation, whoever fuch
legis:a'ion is Necessary, to mai1tain this pro-
vision Of the Constitution against all attempts
to vtnla!e it4'' Another B. R.solutiou concludes
By denying "the power Of Cyngrese, OF Terri.
toriAl LEGISLATURES, OF Of any iud.v duals, 10
give leg existence to Slavery in any errito
n Of the Cui.edFStahs."
L good deal Of superflcia! criticism has been
was.cd upon this Resolution, and attempts
hive beca made 10 show TINT it is iaeabnsistc.t
With i+.el; AID in conflict with the original
creed Of the Republicau party.
We cain that this Resolution, considered
in the light cf all proper rules Of Interpretation,
IS not only entirely consistent with ITSELF but
IN harmony with all the fJ!mer teachings Of
tho Republican organization.
That the norml condition Of all the terri
tory Of the United Ststcs il freedom, is d.
rec: and logical result Of IN elementary portion
Of the Republican Greed, viz: That the insti.
tusion Of Slavery exists only By tho force Of
1o:al Law, and iha. that law, as fur as the
s.a.us Of the individual held in servituda il
eon:c.ne1, operates only within tho limits for
whirll It was made; thut The institution Of
Slavery is special and limited, and not general
nor ex:cndcd; l,coce, that Whenever slaye-
holder takes his slave into free tor1itcry
with tho i.tcr. Oh Of remaining tkore With
him, the law, which iaade him slave in the
Sta:e !ztm which he was brought, ccases to
opera'e, and hn becomes free man-stnndirg
in precisely the same condition 81 if be had
never been enslaved. And, in immediate cou-
ne:tiou with this, it has alwaya been claimed
By I: Q Republican party, that tls right Of tho
slnye-owner to nnovc his slaves into free
tsrri.ory waa not simply question as to the
right Of citizen Of one State to remove his
propertv iuto another Stats or territory; Ee-
cakss tile slave vas made property simply and
slone by tie local laws Of tho State from llich
he Vas brought; and that it was therefore a
question as to the right Of citizen Of ono
State 10 carry toih him iqfo territory tie
1oea latas Of his o,on Stat, opposed to the
laws OF tho Territory into which be removed
In vicw Of these principles, how does this
QUESTION stand affected BY the following para
c1aoh declaring, in the Language Of the const'-
rutiou, that no pesaen shall bo deprived Of Life,
nb.r,y, or property, without due process Of
law7
Hero. in u Fets Territory, stands man
once a slave by the foacs of local lar, but now
znade freeman by lhe act Of his master in
taking him ous of tho rango Of the operation
of that la~. he is a fireman. How can be
b. deprived Of thAt f1eedom7 Only BY " due
oracx.s Of l1w," and this means trial by =
Jury Of his peers, before competent legal
tribunal and sentence Of Imprisonment for the
commission Of some offence agtinst tho laws.
There is Nc other .ony in schieh taat man ean 1c
dsprired IT his hle7tv. Legislatures cannot
do ,t-.l4a. would not be due process OF law.
1ongre cannot do il, for tic same raaso0.
Aud thus ye $50 that these two paragraphs
oftba. Resolution, are not oa'y consistent With
eacs o.l.c,, bu: roat ozn follows IS the necessary
result Of ths other; aad that both spring from
PRINCIPLES elementary in the Republican polit'
cal Organization. =.
Tbes: doctrines have been held universally
In this country as cardinal in cur national po.
,itical faith. from TIE organization Of lie Gov
Democratic PARTY. They hnve been 1ecog~
n;zsd ns law, not only 10 :hie, but in eyory
other ciyilizsd country, from thu earliest histo-
~ Of first Jurisprudence, down to tho dictum Of
tho Drea Sc,tt case.
Tho closing paragraph Of this resolution. de-
nJing tho right Of territorial legislature, OF Of
CopgTose, to esta5asl slavery in Tho territories,
is in entire harmony with the assertion Of ths
right Of Congress- to prohibit its extension
therein.
The right t. snstitute it is, "a we have seen,
deprivipg free man Of his liberty, without due
process 0: law, in direct conflict with tho Con-
attution, oppos=d 10, AID inconsistent will I'll >
normal condition Of tho territory. While, upon
the other hand, the right to prevent it. ezten.
aioh iano, only, as we claim, directly sanctioned
by the constisution oonterring upon Congress
ths power 10 make all ueedfu1 rnlns and regu-