第 53 节
作者:翱翔1981      更新:2021-02-19 00:45      字数:9322
  is nothing in precedent; therefore; which; if its authority were
  admitted; ought to weigh in favor of the act before me。〃
  I drop the quotations merely to remark that all there ever was in
  the way of precedent up to the Dred Scott decision; on the points
  therein decided; had been against that decision。  But hear
  General Jackson further:
  〃If the opinion of the Supreme Court covered the whole ground of
  this act; it ought not to control the coordinate authorities of
  this government。  The Congress; the executive; and the courts
  must; each for itself; be guided by its own opinion of the
  Constitution。  Each public officer who takes an oath to support
  the Constitution swears that he will support it as he understands
  it; and not as it is understood by others。〃
  Again and again have I heard Judge Douglas denounce that bank
  decision and applaud General Jackson for disregarding it。  It
  would be interesting for him to look over his recent speech; and
  see how exactly his fierce philippics against us for resisting
  Supreme Court decisions fall upon his own head。  It will call to
  mind a long and fierce political war in this country; upon an
  issue which; in his own language; and; of course; in his own
  changeless estimation; was a distinct issue between the friends
  and the enemies of the Constitution;〃 and in which war he fought
  in the ranks of the enemies of the Constitution。
  I have said; in substance; that the Dred Scott decision was in
  part based on assumed historical facts which were not really
  true; and I ought not to leave the subject without giving some
  reasons for saying this; I therefore give an instance or two;
  which I think fully sustain me。  Chief Justice Taney; in
  delivering the opinion of the majority of the court; insists at
  great length that negroes were no part of the people who made; or
  for whom was made; the Declaration of Independence; or the
  Constitution of the United States。
  On the contrary; Judge Curtis; in his dissenting opinion; shows
  that in five of the then thirteen Statesto wit; New Hampshire;
  Massachusetts; New York; New Jersey; and North Carolinafree
  negroes were voters; and in proportion to their numbers had the
  same part in making the Constitution that the white people had。
  He shows this with so much particularity as to leave no doubt of
  its truth; and as a sort of conclusion on that point; holds the
  following language:
  〃The Constitution was ordained and established by the people of
  the United States; through the action; in each State; of those
  persons who were qualified by its laws to act thereon in behalf
  of themselves and all other citizens of the State。  In some of
  the States; as we have seen; colored persons were among those
  qualified by law to act on the subject。  These colored persons
  were not only included in the body of 'the people of the United
  States' by whom the Constitution was ordained and established;
  but in at least five of the States they had the power to act; and
  doubtless did act; by their suffrages; upon the question of its
  adoption。〃
  Again; Chief Justice Taney says:
  〃It is difficult at this day to realize the state of public
  opinion; in relation to that unfortunate race; which prevailed in
  the civilized and enlightened portions of the world at the time
  of the Declaration of Independence; and when the Constitution of
  the United States was framed and adopted。〃
  And again; after quoting from the Declaration; he says:
  〃The general words above quoted would seem to include the whole
  human family; and if they were used in a similar instrument at
  this day; would be so understood。〃
  In these the Chief Justice does not directly assert; but plainly
  assumes as a fact; that the public estimate of the black man is
  more favorable now than it was in the days of the Revolution。
  This assumption is a mistake。  In some trifling particulars the
  condition of that race has been ameliorated; but as a whole; in
  this country; the change between then and now is decidedly the
  other way; and their ultimate destiny has never appeared so
  hopeless as in the last three or four years。  In two of the five
  StatesNew Jersey and North Carolinathat then gave the free
  negro the right of voting; the right has since been taken away;
  and in a thirdNew Yorkit has been greatly abridged; while it
  has not been extended; so far as I know; to a single additional
  State; though the number of the States has more than doubled。  In
  those days; as I understand; masters could; at their own
  pleasure; emancipate their slaves; but since then such legal
  restraints have been made upon emancipation as to amount almost
  to prohibition。  In those days Legislatures held the unquestioned
  power to abolish slavery in their respective States; but now it
  is becoming quite fashionable for State constitutions to withhold
  that power from the Legislatures。  In those days; by common
  consent; the spread of the black man's bondage to the new
  countries was prohibited; but now Congress decides that it will
  not continue the prohibition; and the Supreme Court decides that
  it could not if it would。  In those days our Declaration of
  Independence was held sacred by all; and thought to include all;
  but now; to aid in making the bondage of the negro universal and
  eternal; it is assailed and sneered at and construed and hawked
  at and torn; till; if its framers could rise from
  their graves; they could not at all recognize it。  All the powers
  of earth seem rapidly combining against him。  Mammon is after
  him; ambition follows; philosophy follows; and the theology of
  the day fast joining the cry。  They have him in his prison house;
  they have searched his person; and left no prying instrument with
  him。  One after another they have closed the heavy iron doors
  upon him; and now they have him; as it were; bolted in with a
  lock of hundred keys; which can never be unlocked without the
  concurrence of every keythe keys in the hands of a hundred
  different men; and they scattered to hundred different and
  distant places; and they stand musing as to what invention; in
  all the dominions of mind and matter; can be produced to make the
  impossibility of his escape more complete than it is。
  It is grossly incorrect to say or assume that the public estimate
  of the negro is more favorable now than it was at the origin of
  the government。
  Three years and a half ago; Judge Douglas brought forward his
  famous Nebraska Bill。  The country was at once in a blaze。  He
  scorned all opposition; and carried it through Congress。  Since
  then he has seen himself superseded in a Presidential nomination
  by one indorsing the general doctrine of his measure; but at the
  same time standing clear of the odium of its untimely agitation
  and its gross breach of national faith; and he has seen that
  successful rival constitutionally elected; not by the strength of
  friends; but by the division of adversaries; being in a popular
  minority of nearly four hundred thousand votes。  He has seen his
  chief aids in his own State; Shields and Richardson; politically
  speaking; successively tried; convicted; and executed for an
  offence not their own but his。  And now he sees his own case
  standing next on the docket for trial。
  There is a natural disgust in the minds of nearly all white
  people at the idea of an indiscriminate amalgamation of the white
  and black races; and Judge Douglas evidently is basing his chief
  hope upon the chances of his being able to appropriate the
  benefit of this disgust to himself。  If he can; by much drumming
  and repeating; fasten the odium of that idea upon his
  adversaries; he thinks he can struggle through the storm。  He
  therefore clings to this hope; as a drowning man to the last
  plank。  He makes an occasion for lugging it in from the
  opposition to the Dred Scott decision。  He finds the Republicans
  insisting that the Declaration of Independence includes all men;
  black as well as white; and forthwith he boldly denies that it
  includes negroes at all; and proceeds to argue gravely that all
  who contend it does; do so only because they want to vote; and
  eat; and sleep; and marry with negoes。  He will have it that they
  cannot be consistent else。  Now I protest against the counterfeit
  logic which concludes that; because I do not want a black woman
  for a slave I must necessarily want her for a wife。  I need not
  have her for either。  I can just leave her alone。  In some
  respects she certainly is not my equal; but in her natural right
  to eat the bread she earns with her own hands; without asking
  leave of any one else; she is my equal and the equal of all
  others。
  Chief Justice Taney; in his opinion in the Dred Scott case;
  admits that the language of the Declaration is broad enough to
  include the whole human family; but he and Judge Douglas argue
  that the authors of that instrument did not intend to include
  negroes; by the fact that they did not at onc