American Eloquence, Volume 3: Studies In American Political History (1897)
History
American Eloquence, Volume 3: Studies In American Political History (1897)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
The new year of 1854 found slavery excluded from more than half the
States by State constitutions, and from most of the national territory
by Congressional prohibition. Four days later commenced the struggle
which ended in repealing that Congressional prohibition. This opened all
the national territory to slavery, and was the first point gained. But,
so far, Congress only had acted, and an indorsement, by the people, real
or apparent, was indispensable, to save the point already gained and
give chance for more. This necessity had not been overlooked, but had
been provided for, as well as might be, in the notable argument
of "squatter sovereignty," otherwise called "sacred right of
self-government";--which latter phrase though expressive of the only
rightful basis of any government, was so perverted in this attempted use
of it as to amount to just this: That, if any one man choose to enslave
another, no third man shall be allowed to object. That argument was
incorporated with the Nebraska bill itself, in the language which
follows: "It being the true intent and meaning of this act, not to
legislate slavery into any Territory or State, nor to exclude it
therefrom; but to leave the people thereof perfectly free to form and
regulate their domestic institutions in their own way, subject only to
the Constitution of the United States." Then opened the roar of loose
declamation in favor of "squatter sovereignty," and "sacred right of
self-government." "But," said opposition members, "let us amend the bill
so as to expressly declare that the people of the Territory may exclude
slavery." "Not we," said the friends of the measure; and down they voted
the amendment.
While the Nebraska bill was passing through Congress, a law-case,
involving the question of a negro's freedom, by reason of his owner
having voluntarily taken him first into a free State, and then into a
Territory covered by the Congressional prohibition, and held him as a
slave for a long time in each, was passing through the United States
Circuit Court for the District of Missouri; and both Nebraska bill and
lawsuit were brought to a decision in the same month of May, 1854. The
negro's name was Dred Scott, which name now designates the decision
finally made in the case. Before the then next Presidential election,
the law-case came to, and was argued in, the Supreme Court of the United
States; but the decision of it was deferred until after the election.
Still, before the election, Senator Trumbull, on the floor of the
Senate, requested the leading advocate of the Nebraska bill to state his
opinion whether the people of a Territory can constitutionally exclude
slavery from their limits; and the latter answers: "That is a question
for the Supreme Court."
Public-domain text, read in full here on John Shaqi.
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