Abraham Lincoln : Early Speeches, Springfield Speech, Cooper Union Speech, Inaugural Addresses, Gettysburg Address, Selected Letters, Lincoln's Lost Speech

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Per- haps you will say the Supreme Court has de- cided the disputed constitutional question in your favor. Not quite so. But waiving the lawyer's distinction between dictum and de- cision, the court has decided the question for you in a sort of way. The court has substan- tially said, it is your constitutional right to take slaves into the Federal Territories, and to hold them there as property. When I say the de- cision was made in a sort of way, I mean it was made in a divided court, by a bar...e majority of the judges, and they not quite agreeing with one another in the reasons for making it ; that it is so made as that its avowed supporters dis- agree with one another about its meaning, and that it was mainly based upon a mistaken state- ment of fact — the statement in the opinion that 62 Address at Cooper Institute " 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 a slave is not ' ' dis- tinctly and expressly affirmed " in it.

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