The Papers and Writings of Abraham Lincoln — Volume 3: The Lincoln-Douglas DebatesLincoln, Abraham
History
The Papers and Writings of Abraham Lincoln — Volume 3: The Lincoln-Douglas Debates
Lincoln, Abraham
Lincoln-Douglas Debates, Ill., 1858
To this Judge Douglas answered that they can lawfully exclude slavery from
the Territory prior to the formation of a constitution. He goes on to tell
us how it can be done. As I understand him, he holds that it can be done
by the Territorial Legislature refusing to make any enactments for
the protection of slavery in the Territory, and especially by adopting
unfriendly legislation to it. For the sake of clearness, I state it again:
that they can exclude slavery from the Territory, 1st, by withholding
what he assumes to be an indispensable assistance to it in the way of
legislation; and, 2d, by unfriendly legislation. If I rightly understand
him, I wish to ask your attention for a while to his position.
In the first place, the Supreme Court of the United States has decided
that any Congressional prohibition of slavery in the Territories is
unconstitutional; that they have reached this proposition as a conclusion
from their former proposition, that the Constitution of the United
States expressly recognizes property in slaves, and from that other
Constitutional provision, that no person shall be deprived of property
without due process of law. Hence they reach the conclusion that as the
Constitution of the United States expressly recognizes property in slaves,
and prohibits any person from being deprived of property without due
process of law, to pass an Act of Congress by which a man who owned a
slave on one side of a line would be deprived of him if he took him on the
other side, is depriving him of that property without due process of law.
That I understand to be the decision of the Supreme Court. I understand
also that Judge Douglas adheres most firmly to that decision; and the
difficulty is, how is it possible for any power to exclude slavery
from the Territory, unless in violation of that decision? That is the
difficulty.
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