We cannot absolutely know that all these 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
(Douglas, Pierce, Taney, Buchanan),--and when we see those 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 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 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 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 State is so restrained by the United States Constitution is
Public-domain text, read in full here on John Shaqi.
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