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 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?
Public-domain text, read in full here on John Shaqi.
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