"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 to exclude slavery, 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'sadvance 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 indorsements of the decision by the President and others?
We can not 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 mortices 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 can see the place in the frame exactly fitted and prepared to yet 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 lick 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 andought 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 therein 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 Macy 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 U.S. 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 that 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 an 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 awaketo 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.
This is what we have to do."
No comments:
Post a Comment