Year: 1860

cling the sentiment which created it out c
the peaceful channel of the ballot box, in
to some other channel What would tina
other channel probably bel Would th
number OF John Browns be lessened o
enlarged by the operation


( But you willbreak up the Union, rath
er than submit to denial of your Consti
tutional rights..


( That has a somewhat reckless sound
but it would be palisted, if not fully jus
tilted, were we proposing, by the mer'
force of nun bers. to deprive you of som,
right, plainly written down iu the Consti
tuition. But We are proposing no sucl
thing


When you make these declarations
you have specific and well understood
alusiou to an assumed Constitutional RIG III
of yours, to take slaves into tho Fedora
Territories, and to hold them there as
property. But no such right is specifcal
IL written in the Constitution. That in.
strumeut is literally silent about any such
right. We, ON the contrary, deny that
such right has any existence in the Con.
stitOtion, 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 Jour language to
US. Perhaps you will say the Supreme
Court has decided the disputed Constitu-
tional question in your favor. Not quite
so. But waiting the lawyers distinction
between dictum and decision, the Court
have decided the question for you in a
sor, of way. The Court have substanti-
ally asid, it is your Constitutional right
to take slaves into the Federal Terrific
ries. and to hold them there as property,


When [ say the decision was made in
a sort Of way. | mean it was made 10 a
divided Court By bare majority of the
judges, and they not quite agreeing with
one another in the reasons for u akiug it;
that it is so m ade as that its avowed sup
porters disagree With one another about
its meadin.; and that it was mainly based
upon mistaken statement Of fact-tbe
statement 10 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 slave
is not distinctly aud expressly affirmed in
it. Bear in 4iBd the Judges do not
pledge their Judicial opinion that such
right is impliedly affirmed in the Consti-
tuition; but they pledge their vcracity that
it is distinctly and expressly Affirmed
there-"distinctly that is, not mingled
with anything else-"expressly that is,
in words meaning just that, without the
aid of any inference, and susceptible OF
no other meaning.


II they had only pledged their judicial
opinion that such right is affirmed in the
instrument BY plica:ion, it would be O.
pen to others to show that neither the
word "slave" nor slavery" is to be found
iD the Constitution, nor the word "prop.
ty' even, in any connection with language
abiding to the things slave, or Slavery,
and that wherever in that Instrument the
slave is alluded to, be is called "per-
SON. and wherever bis masters legal
right in relation to him Is alluded to, it is
spoken Of as "service or labor DUE" as a
"debt payable in service or labor. AL
so, il would be open to show, by cotempo-
rsDeous history, that this mode of aIu-
ding to slaves and Slavery, instead OF
speaking OF them, was employed on pur-
pose to exclude from the Constitution the
idea that there could be property 10 man.


To show oil this is easy and certain.


When this obvious mistake of the Jud :.
ges shall be brought to their notice, is it
not reasonable to expect thaA they will
withdraw the mistaken statement, and
reconsider the conclusion based upon it I


And then it is to be remembered that
"our fathers, who framed the Government
under which we liye"--the men who
N ade the CoDstitution-decided this same
constitutional question in our favor, long
ago-decided it without division among
themselves, when making the decision;
without division among themselves about
the meaning of it was made, and, and so
far as any evidence is left without basing
it upon any mistaken statement of facts.


Under all these circumstances, do you
really feel yourselves justified to break up
this Government, unless such court de
cision as yours is shall be at once submit
ted to as a conclusive and final rule of po-
litical action


But you will not abide the election of
a Republican President 10 that sup.
posed event, you.say. you will destroy the
Union; and then, you say, the great crime
of having destroyed it will be upon us


That is cool. A bigbwayman holds a
pistol to my ear, and mutters through his
toeth, "stand and deliver, or shall kill
you. and then you will be murderer p


To be sure, what the robter demanded
of me-my money-was my owD than
my vote is my own; and had clear
right to keep it; but it was no more my
own; and the threat of death to me to
extort my money. aud the threat OF de-
s,ruetion tn the Union to extoTt my vote,