Life of Abraham Lincoln, Sixteenth President of the United StatesCrosby, Frank
History
Life of Abraham Lincoln, Sixteenth President of the United States
Crosby, Frank
Lincoln, Abraham, 1809-1865
“We cannot absolutely know that all these exact adaptations are the
result of pre-concert. 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 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 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 was 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.’
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account