The Relations of the Federal Government to Slavery / Delivered at Fort Wayne, Ind., October 30th 1860

by Joseph K. Edgerton

True it is, that the Breckinridge party in the 3d article of their platform say: "That when the settlers of a territory having an adequate population, form a State constitution," the State "ought to be admitted into the Federal Union, whether its constitution prohibits or recognizes the institution of slavery;" but at the same time they so construe the Dred Scott decision as to affirm that the right of property in slaves is guaranteed by the Federal constitution, and therefore protected every where, where that constitution is the supreme law. If so, of what avail is it for a State constitution or State law to prohibit slavery? The prohibition would be a nullity under the Federal constitution.

True it is also, that the Lincoln party affirm in the 4th article of the Chicago platform, the necessity of maintaining "the right of each State to order and control its own domestic institutions, according to its own judgment exclusively;" but in the 8th article of the same platform, they affirm the right and duty of Congress, by legislation, to maintain the territories in their normal condition of freedom, and they deny "the authority of Congress, of a territorial legislature, or of any individual, to give legal existence to slavery in any territory of the United States."

The pretense then of conceding sovereignty to the people of the States "to order and control" the domestic institution of slavery, when that sovereignty is denied to the same people while in a territory, is a piece of transparent hypocrisy. Does not any sensible man know that prohibition of domestic slavery in a territory, is essentially prohibition of it in a State to be formed of that territory? As the twig is bent by Congress in the territory, so will the tree be inclined in the State. If slavery does not exist in a State at its organization, it will never exist there, unless forced there by the Federal government under the Breckinridge construction of the constitution.

But again: If Congress, as the Chicago platform affirms, because of the provision of the Federal constitution (5th amendment) that "no person shall be deprived of life, liberty, or property, without due process of law," cannot legalize slavery in a territory, where as the Republican platform of 1856 asserts, Congress has "sovereign power," how can a State legislature, in the face of the same constitutional prohibition or principle, (as old as magna charta) legalize slavery in any State where such legislature has equally sovereign power? It may be answered to this question, that the Supreme Court of the United States have decided that the amendment to the constitution containing the clause above quoted, does not apply to the State governments; but this answer does not cover the whole ground, for we may ask again: how can Congress, if it has no power to legalize slavery in a territory, constitutionally admit to the Union a new State formed from such Territory with a constitution legalizing slavery? Suppose, for example, such a constitution provides. "The right of the people to hold slaves is hereby declared, and such right shall never be defeated or impaired." The State constitution has no vitality, as such, until the State is admitted to the Union—the act of admission makes the constitution a law, and a law for slavery. Congress therefore in accepting such a constitution from a new State, where slavery had not before existed, as effectually legislates slavery into such State as if a special Congressional act were passed for that purpose. Consistency then, with the Chicago platform would seem to require, that Congress should refuse, for want of constitutional power, to admit any State with a slavery constitution. I here incidentally ask another question: if the constitution, as is asserted, gives Congress sovereign power over the territories, where is the obligation on Congress ever to permit a territory to rise above its territorial condition, and become a State, except on such terms as Congress may impose? What is constitutionally to prevent Congress from erecting and continuing territorial governments until the territories under the sovereign power of Congress, outnumber and overshadow the States, and the national government becomes an Imperial power, like the Roman or British Empires, with hundreds of tributary States or provinces?

I ask again: If the normal condition of all the territories of the United States is that of freedom, and if Congress cannot legalize slavery in any territory, can the Federal government bring slaves under the power of Congress by acquiring territory governed by foreign slave laws, as were the territories of Florida and Louisiana? Does the foreign slave code continue to exist proprio vigore in the absence of express recognition by the Federal government; or does the force of the constitution itself annul upon the acquisition of the territory, the local law of slavery, and abrogate all treaty or legislative provisions, if any, for its continuance? In other words can the Federal government, by simple act of acquisition, or expressly by treaty, legislative act, or judicial decision, enact or continue in force a foreign slave code over territory acquired by the United States, "the normal condition of which is that of freedom?" I would be glad to know what the Chicago platform means by that expression. Does it mean that slavery cannot exist in any territory of the United States over which the constitution extends? or if it does exist there by virtue of a foreign local law at the time of acquisition, does it mean that Congress can abrogate the right of property under that law and make the territory free?

If the Republican platform really means that the Federal government cannot legalize slavery by acquiring slave territory; and cannot legalize slavery in any territory already acquired; and cannot admit a State with a slavery constitution, does not the same platform drive the Republican party to the doctrine that domestic slavery has not, and cannot have any legal existence in any State or territory where it did not exist by local law when the Federal constitution became operative? What then becomes of the asserted "right of each State to order and control its own domestic institutions according to its own judgment exclusively?"

I put all these questions by way of suggestions, not assertions, and leave the respective advocates of the Lincoln and Breckinridge platforms to answer them consistently with the Union and the Constitution.

Examine them in any light to which they may be presented, the Breckinridge and Lincoln doctrines equally lead to the same anti-Democratic result:—Sovereign power in the Federal constitution and government, superior to the power of the people of the States and territories, over the domestic institution of slavery. Directly opposed to this position is the one held by Mr. Douglas; absence of power in Congress, and full power in the people of the States and territories to deal with all their domestic institutions and local affairs. Which is the Democratic position?

J. K. E.