ain the great and real sovereignty of the
Union, by upholding the flag unsullied, and by enforcing everywhere
within its jurisdiction the supreme law of the Constitution.
At the close of an argument already too long drawn out, I shall not stop
to array the considerations of reason and expediency in behalf of this
jurisdiction; nor shall I dwell on the inevitable influence that it must
exercise over Slavery, which is the motive of the Rebellion. To my mind
nothing can be clearer, as a proposition of constitutional law, than
that everywhere within the exclusive jurisdiction of the National
Government Slavery is impossible. The argument is as brief as it is
unanswerable. Slavery is so odious that it can exist only by virtue of
positive law, plain and unequivocal; but no such words can be found in
the Constitution. Therefore Slavery is impossible within the exclusive
jurisdiction of the National Government. For many years I have had this
conviction, and have constantly maintained it. I am glad to believe that
it is implied, if not expressed, in the Chicago Platform. Mr. Chase,
among our public men, is known to accept it sincerely. Thus Slavery in
the Territories is unconstitutional; but if the Rebel territory falls
under the exclusive jurisdiction of the National Government, then
Slavery will be impossible there. In a legal and constitutional sense,
it will die at once. The air will be too pure for a slave. I cannot
doubt that this great triumph has been already won. The moment that the
States fell, Slavery fell also; so that, even without any Proclamation
of the President, Slavery had ceased to have a legal and constitutional
existence in every Rebel State.
But even if we hesitate to accept this important conclusion, which
treats Slavery within Rebel States as already dead in law and
Constitution, it cannot be doubted, that, by the extension of the
Congressional jurisdiction over the Rebel States, many difficulties will
be removed. Holding every acre of soil and every inhabitant of these
states within its jurisdiction, Congress can easily do, by proper
legislation, whatever may be needful within Rebel limits in order to
assure freedom and to save society. The soil may be divided among
patriot soldiers, poor-whites, and freedmen. But above all things, the
inhabitants may be saved from harm. Those citizens in the Rebel States,
who, throughout the darkness of the Rebellion, have kept there faith,
will be protected, and the
|