firms, 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 legal