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Thirdly; That whether the holding a negro in actual slavery in a
free State makes him free; as against the holder; the United
States courts will not decide; but will leave to be decided by
the courts of any slave State the negro may be forced into by the
master。 This point is made; not to be pressed immediately; but;
if acquiesced in for a while; and apparently indorsed by the
people at an election; then to sustain the logical conclusion
that what Dred Scott's master might lawfully do with Dred Scott;
in the free State of Illinois; every other master may lawfully do
with any other one; or one thousand slaves; in Illinois; or in
any other free State。
Auxiliary to all this; and working hand in hand with it; the
Nebraska doctrine; or what is left of it; is to educate and mould
public opinion; at least Northern public opinion; not to care
whether slavery is voted down or voted up。 This shows exactly
where we now are; and partially; also; wither we are tending。
It will throw additional light on the latter; to go back and run
the mind over the string of historical facts already stated。
Several things will now appear less dark and mysterious than they
did when they were transpiring。 The people were to be left
〃perfectly free;〃 〃 subject only to the Constitution。〃 What the
Constitution had to do with it; outsiders could not then see。
Plainly enough now;it was an exactly fitted niche; for the Dred
Scott decision to afterward come in; and declare the perfect
freedom of the people to be just no freedom at all。 Why was the
amendment; expressly declaring the right of the people; voted
down? Plainly enough now;the adoption of it would have spoiled
the niche for the Dred Scott decision。 Why was the court
decision held up? Why even a Senator's individual opinion
withheld; till after the Presidential election? Plainly enough
now;the speaking out then would have damaged the 〃perfectly
free〃 argument upon which the election was to be carried。 Why
the outgoing President's felicitation on the indorsement? Why the
delay of a reargument? Why the incoming President's advance
exhortation in favor of the decision? These things look like the
cautious patting and petting of a spirited horse preparatory to
mounting him; when it is dreaded that he may give the rider a
fall。 And why the hasty after…indorsement of the decision by the
President and others?
We cannot absolutely know that all these exact adaptations are
the result of preconcert。 But when we see a lot of framed
timbers; different portions of which we know have been gotten out
at different times and places and by different workmen; Stephen;
Franklin; Roger; and James; for instance; and when we see these
timbers joined together; and see they exactly make the frame of a
house or a mill; all the tenons and mortises exactly fitting; and
all the lengths and proportions of the different pieces exactly
adapted to their respective places; and not a piece too many or
too few;not omitting even scaffolding;or; if a single piece
be lacking; we see the place in the frame exactly fitted and
prepared yet to bring such piece in;in such a case; we find it
impossible not to believe that Stephen and Franklin and Roger and
James all understood one another from the beginning; and all
worked upon a common plan or draft drawn up before the first blow
was struck。
It should not be overlooked that by the Nebraska Bill the people
of a State as well as Territory were to be left 〃perfectly free;〃
〃subject only to the Constitution。〃 Why mention a State? They
were legislating for Territories; and not for or about States。
Certainly the people of a State are and ought to be subject to
the Constitution of the United States; but why is mention of this
lugged into this merely Territorial law? Why are the people of a
Territory and the people of a State therein lumped together; and
their relation to the Constitution therefore treated as being
precisely the same? While the opinion of the court; by Chief
Justice Taney; in the Dred Scott case; and the separate opinions
of all the concurring Judges; expressly declare that the
Constitution of the United States neither permits Congress nor a
Territorial Legislature to exclude slavery from any United States
Territory; they all omit to declare whether or not the same
Constitution permits a State; or the people of a State; to
exclude it。 Possibly; this is a mere omission; but who can be
quite sure; if McLean or Curtis had sought to get into the
opinion a declaration of unlimited power in the people of a State
to exclude slavery from their limits; just as Chase and Mace
sought to get such declaration; in behalf of the people of a
Territory; into the Nebraska Bill;I ask; who can be quite sure
that it would not have been voted down in the one case as it had
been in the other? The nearest approach to the point of declaring
the power of a State over slavery is made by Judge Nelson。 He
approaches it more than once; Using the precise idea; and almost
the language; too; of the Nebraska Act。 On one occasion; his
exact language is; 〃Except in cases where the power is restrained
by the Constitution of the United States; the law of the State is
supreme over the subject of slavery within its jurisdiction。〃 In
what cases the power of the States is so restrained by the United
States Constitution; is left an open question; precisely as the
same question; as to the restraint on the power of the
Territories; was left open in the Nebraska Act。 Put this and
that together; and we have another nice little niche; which we
may; ere long; see filled with another Supreme Court decision;
declaring that the Constitution of the United States does not
permit a State to exclude slavery from its limits。 And this may
especially be expected if the doctrine of 〃care not whether
slavery be voted down or voted up〃 shall gain upon the public
mind sufficiently to give promise that such a decision can be
maintained when made。
Such a decision is all that slavery now lacks of being alike
lawful in all the States。 Welcome or unwelcome; such decision is
probably coming; and will soon be upon us; unless the power of
the present political dynasty shall be met and overthrown We
shall lie down pleasantly dreaming that the people of Missouri
are on the verge of making their State free; and we shall awake
to the reality instead that the Supreme Court has made Illinois a
slave State。 To meet and overthrow the power of that dynasty is
the work now before all those who would prevent that
consummation。 That is what we have to do。 How can we best do
it?
There are those who denounce us openly to their friends; and yet
whisper to us softly that Senator Douglas is the aptest
instrument there is with which to effect that object。 They wish
us to infer all; from the fact that he now has a little quarrel
with the present head of the dynasty; and that he has regularly
voted with us on a single point; upon which he and we have never
differed。 They remind us that he is a great man; and that the
largest of us are very small ones。 Let this be granted。 But 〃a
living dog is better than a dead lion。〃 Judge Douglas; if not a
dead lion; for this work is at least a caged and toothless one。
How can he oppose the advances of slavery? He don't care
anything about it。 His avowed mission is impressing the 〃public
heart〃 to care nothing about it。 A leading Douglas Democratic
newspaper thinks Douglas's superior talent will be needed to
resist the revival of the African slave trade。 Does Douglas
believe an effort to revive that trade is approaching? He has
not said so。 Does he really think so? But if it is; how can he
resist it? For years he has labored to prove it a sacred right
of white men to take negro slaves into the new Territories。 Can
he possibly show that it is less a sacred right to buy them where
they can be bought cheapest? And unquestionably they can be
bought cheaper in Africa than in Virginia。 He has done all in
his power to reduce the whole question of slavery to one of a
mere right of property; and; as such; how can he oppose the
foreign slave trade; how can he refuse that trade in that
〃property〃 shall be 〃perfectly free;〃unless he does it as a
protection to the home production? And as the home producers
will probably not ask the protection; he will be wholly without a
ground of opposition。
Senator Douglas holds; we know; that a man may rightfully be
wiser to…day than he was yesterday; that he may rightfully change
when he finds himself wrong。 But can we; for that reason; run
ahead; and infer that he will make any particular change; of
which he himself has given no intimation? Can we safely base our
action upon any such vague inference? Now; as ever; I wish not
to misrepresent Judge Douglas's position; question his motives;
or do aught that can be personally offensive to h