Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-08-01
MIR. THAYER,s SPEECH


Ralph Waldo Emerson would not be likely to
take the bearing, tones, and words, with which
these passages were given to the audience, as
good illustrations of that "high behavior" or
that "subtler science of Defence" which he
describes in his essay on manners" 1t will
not, probably, be admitted, especially by those
whom he assailed, that the personalities of the
speech were the most wholesome and winning
things that could have been spoken; yet they
had certain effect, as sharply uttered person
alities always have; and most persons have
observed that to produce an effect of that
kind, ones word need not be, to use Ben
Johnson's phrase,
"Instructed by the heightening sense,
OF dignity and reverence"
But, what we have to say of the speech will
be confined to the questions on which he is al
issue with so many of his constituents. We
refer chiefly to his vote relative to the New
Mexican slave code, and the views which led
him to give that vote, and to his action on the
territorial bills. On these questions, his vind-
cation did not seem TO us successful.
The act of congress under which territori-
al government was organized in New Mexico,
provides expressly, that all the laws that may
be enacted by the legislative assembly of the
territory, shall be submitted to the congress
of the United States, and if disapproved, shall
be null and void" Such laws as are not dis.
approved remain in force, and must be execut-
ed. Under these circumstances, a vote against
annulling the New Mexican slave codes has all
the practical effect of a vote given directly in
their favor. Mr.. Thayer explains his vote on
this matter by saying, that, according to the
Chicago platform, the federal constitution
forbids slavery in the territories, and
he would not vote to repeal a law which
had no right to exist. This sounds to us like
the reasoning of Daniel Webster, who secuted
the idea of voting in congress to exclude
slavery from New Mexico, because, as he
maintained the laws of God and nature had
already excluded it from that territory, and
made it impossible there Mr. Webster,s ar
gument was made in the midst of crisis of
his personal ambition, and really was not in
tended as anything more than an excuse for
not giving such vote. And yet it was much
more plausible than Mr.. Thayer's. 1t GER
tainly cannot be deemed unconstitutional or
wrong to repeal an unconstitutional law, espe-
clally when an existing act of congress dis
tlnctly provides that it shall remain in force
until congress annus it. But the Chicago
platform, after declaring that freedom is the
normal condition of the territories, goes on as
follows:
Gas our republican fathers, when they had
abolished slavery i'll all our national territory,
ordained that mo person should be deprived of
life, liberty, or property, without due process
OF law, it becomes our duty, BY LEGISLATION,
whenever such legislation is necessary, to
maintain this provision of the constitution
against all attempts to violate it"
The fact that the constitution recognizes
freedom as the normal condition of the terri
tories, is given as the reason why it becomes
our duty to interfere, by legislation, and,
therefore, can not be accepted by the Chicago
platform as a reason for emitting such legisla-
ton. Moreover, the constitution mentions
''life' and property as well as elderly"
And, does it follow that there must be no leg
islation to prohibit or punish murder, piracy,
and theft, because these things are against the
spirit and letter of the constitution? But,
with all the aids Of his explanations, we find it
impossible to establish harmony between the
eighth resolve of the Chicago platform ard
Mr.. Thayer's doctrine of popular sovereignty
The position taken by him, which has occa-
stoned most talk and criticism was stated as fol-
NH oh he, n;
Feb "A. 1859:
''Now, sir, have advocated an open field
for fair conflict between these two opposing
systems of labor. II you, sir, claim that slave
labor is divine institution, | claim that free
labor is a divine institution; and l for one am
willing that hereafter the two institutions shall
honestly contend and grapple, and that the
stronger shall prevail, and will acknowledge
that the one which shall prove the stronger i'll
a fair contest is the more divine"
He has not retracted this position nor, il
we understand him correctly, is he likely tc
do SO. But it is evidently in conflict with the
eighth resolve of the platform; for how can
we allow slavery TO enter a territory and have
can open field and fair conflict" with free
labor, for the mastery, while holding the doc.
trine, that freedom is the normal condition
of the territories" Which must, if necessary,
be protected "by legislation? Or, how can
we allow slavery to grapple with free labor
and have the mastery over it, if it shall prove
the stronger of the two, while maintaining the
doctrine that neither congress, nor territorial
legislature, nor any individuals, can give legal
exlstence to slavery in a territory?
Mr.. Thayer's illustration, in which he sup
help the law of grayitation, is laughable, but
it is not pertinent. The law of gravitation
executes itself-it is a perpetual, never-failing
force, complete in itself, both as a law and an
executive power. 1t cannot truly illustrate
the force of the federal constitution, which
does not execute itself The law of gravtation
fails not TO hold the moon In her orbit, but
the federal constitution does not of itself keep
slavery out Of the territories. Most Of the
provisions of the constitution require legisla-
ton to give them effect But slavery would
be wrong, and also illegal and unwarranted,
without local law in its favor if there were
no federal constitution and yet that evil in
sutution usually requires stern laws to crush
out where it undertakes to gain footing.
No'nlng but positive prohibition of slavery
s"Neu The great northwest from that curse. 1t
sss"s 70 us an unhandsome thing for Mr.
mayer, OF anybody else, to ridicule the policy
ol interfering against slavery by congressional
enacInehts. 1t is not well to do SO, in view
OF "na' 'niS policy has done for the country,