Year: 1860

l have so much confidence 10 the hiel
character and elevated feeling and sens,
OF justice Of the Court. that I do no
doubt the question will be recopsidereC
whom new case arises, ifit ever do arise
which shall require its application.


But, If we admit, with the eighth re.
solution Of the Chicago Convention. tha.
the power Of Congress is limited in the
Territories over that--our special subject
matler--l know not where to fnd an or.
gument poteot enought to resist the con.
clusion of the Supreme G, urt, sustained
as il is by its high judicislautbority.


No vague geDerslities will avail any.
thing on either side. No general purpose
of gradual emancipation strong enough to
affect the question can be found written
down in the constitution none to satisfy
the legal mind that they were intended to
deny Congress the power to admit slavery
in the territories, when such generality,
If any bear that aspect, is found side by
side with that clause forbidding Congress
10 prohibit the slave trade for twenty
years. Nor did | think it safe TO iofer
from other generalities equally vague.
touching the rights Of property, which, 10
the language Of the constitution, slaves
are not, that Congress is denied the pow
er to exclude slavery from the territories,
when such generality is found side By
side with an implication quite as potent
as direct legal enactment, which author.
ICES Congress at once to prohibit the i'm
portation Of slaves anywhere except into
States existing at the time Of the forma-
tion Of the Constitution. would, there
fore, that the eighth resolution Of the
Chicago Convention were not in its plat,
form. It seems to be there for no other
purpose than to give opponents advantage
in the argument. 1t is an abstraction,
useless in every practical sense, as it is
false in logic.


l know of but one case in which the
question can arise, namely: in register,
ed American ship at sea. Say it salts OIL
steams from Baltimore to New Orleans -
Is slave on board this ship free as sooI
as be is beyond the jurisdiction Of any o
the States? And if he be, may Congress
change this rule by law? Here is The
normal condition, with its attendant con
sequences. and here is the only place 10
which l can conceive that the irrepressi
bic conflict can be kept up. 1t must be
fought out on shipboard-itcanno live on
land. Still | can consent to LET this alb
stract fallacy pass-rejsct the resolution
and support the nomination, for have no
doubt that Mr.. Lincoln, himself sound
lawyer, will esteem the Constitution OF
the United States superior to this section
of the platform. 1t is impossible, with
out assumption, which can be made on
one side as we'll as the other, to rest the
admission or rejection Of Slavery in our
present Territories or any other ground
than that Of its status when it became part
of the United States. or the subsequent
act of Congress, or territorial laws affect.
ing it. Forced assumptions will no avail
they convince nobody that reasons
and the Constitution, when it speaks intel
ligigible language. and the law of nations
leave it where / have found it. The sta
tus or normal condition of Louisiana was
that of slave territory. The Missouri
Compromise gave it 10 Freedom. The
repeal of that Compromise left it subject
to the laws Of the Territories until they
are negatived by Congress. Hence the
importance Of the original formation Of the
Republican party. and Its maintenance on
its original ground, and for its Original
objects, until those objects shall be ac-
oomplished, until i! shall have ful6lleditt
destiny, and these objects are right and
Just between State and State as between
man aud man. Admitting that the iusti
tuition of slavery is equal for the Nelfar,
of State with that of freedom. which
do not think it is. (others do, and l have
no right to force my opinion on them,
admitting this, we all know that free ant
slave labor will not mingls. The fret
white man will not work with the negro
slave in the same shop, or in the samt
field, because in his opinion if degradet
him to his level. Labor ceases to be hon
orable when it is especially the voca!iou o
slaves. Hence emigration from free State'
goes only to free territory; for the wealth!
farmer, the master mechanic, the manu-
facturer, cannot go from a free State
because free labor will not follow them
The new slave State and Territories ar
therefore shut out from immigration o
free laborers as fully as the free States ant
Territories from the slave. The lines ar


passed by few, but such is the genera


fact. Louisiana was the general propert.
of the Union. Its normal condition wa
that of slave territory, but it was no
right that it should all remsin SO. .


The different sections of the Union cOul


no: use and enjoy it together-it was there


fore just, and wise. and proper. that


should be divided between them so ths


each should enjoy his place to the best ad


vantage; and the repeal Of the Mlssoul


Compromise broke up this just and We


considered partition, which it is the mil


sion OF the Republican party actually


virtually TO restore. The Slave States has


their share OF the Territory-it is mo-


ample for their wants. The free STATE


also must have theirs. They must hay
lit not because they are the stronger, an


can hold it--not because their institution


are better than those Of the South, an


therefore the one and not the other ougl


to be extended--for to claim this in a


tempting peaceful adjustment, were a


rogance which would Offend-uOt argI


ment that would convince. But we aI


entitled to it by original right--we are e1


titled to il by compromise and mutu


agreement. And our rights asserted 6rn