第 2 节
作者:九十八度      更新:2021-10-16 18:40      字数:9322
  Thirdly; That whether the holding a negro in actual slavery in a
  free State makes him free; as against the holder; the United
  States courts will not decide; but will leave to be decided by
  the courts of any slave State the negro may be forced into by the
  master。  This point is made; not to be pressed immediately; but;
  if acquiesced in for a while; and apparently indorsed by the
  people at an election; then to sustain the logical conclusion
  that what Dred Scott's master might lawfully do with Dred Scott;
  in the free State of Illinois; every other master may lawfully do
  with any other one; or one thousand slaves; in Illinois; or in
  any other free State。
  Auxiliary to all this; and working hand in hand with it; the
  Nebraska doctrine; or what is left of it; is to educate and mould
  public opinion; at least Northern public opinion; not to care
  whether slavery is voted down or voted up。  This shows exactly
  where we now are; and partially; also; wither we are tending。
  It will throw additional light on the latter; to go back and run
  the mind over the string of historical facts already stated。
  Several things will now appear less dark and mysterious than they
  did when they were transpiring。  The people were to be left
  〃perfectly free;〃 〃 subject only to the Constitution。〃 What the
  Constitution had to do with it; outsiders could not then see。
  Plainly enough now;it was an exactly fitted niche; for the Dred
  Scott decision to afterward come in; and declare the perfect
  freedom of the people to be just no freedom at all。  Why was the
  amendment; expressly declaring the right of the people; voted
  down? Plainly enough now;the adoption of it would have spoiled
  the niche for the Dred Scott decision。  Why was the court
  decision held up? Why even a Senator's individual opinion
  withheld; till after the Presidential election? Plainly enough
  now;the speaking out then would have damaged the 〃perfectly
  free〃 argument upon which the election was to be carried。  Why
  the outgoing President's felicitation on the indorsement? Why the
  delay of a reargument? Why the incoming President's advance
  exhortation in favor of the decision? These things look like the
  cautious patting and petting of a spirited horse preparatory to
  mounting him; when it is dreaded that he may give the rider a
  fall。  And why the hasty after…indorsement of the decision by the
  President and others?
  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 therefore 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 States is so restrained by the United
  States Constitution; is left an open question; precisely as the
  same question; as to the restraint on the power of the
  Territories; was left open in the Nebraska Act。  Put this and
  that together; and we have another nice little niche; which we
  may; ere long; see filled with another Supreme Court decision;
  declaring that the Constitution of the United States does not
  permit a State to exclude slavery from its limits。  And this may
  especially be expected if the doctrine of 〃care not whether
  slavery be voted down or voted up〃 shall gain upon the public
  mind sufficiently to give promise that such a decision can be
  maintained when made。
  Such a decision is all that slavery now lacks of being alike
  lawful in all the States。  Welcome or unwelcome; such decision is
  probably coming; and will soon be upon us; unless the power of
  the present political dynasty shall be met and overthrown We
  shall lie down pleasantly dreaming that the people of Missouri
  are on the verge of making their State free; and we shall awake
  to the reality instead that the Supreme Court has made Illinois a
  slave State。  To meet and overthrow the power of that dynasty is
  the work now before all those who would prevent that
  consummation。  That is what we have to do。  How can we best do
  it?
  There are those who denounce us openly to their friends; and yet
  whisper to us softly that Senator Douglas is the aptest
  instrument there is with which to effect that object。  They wish
  us to infer all; from the fact that he now has a little quarrel
  with the present head of the dynasty; and that he has regularly
  voted with us on a single point; upon which he and we have never
  differed。  They remind us that he is a great man; and that the
  largest of us are very small ones。  Let this be granted。  But 〃a
  living dog is better than a dead lion。〃 Judge Douglas; if not a
  dead lion; for this work is at least a caged and toothless one。
  How can he oppose the advances of slavery?  He don't care
  anything about it。  His avowed mission is impressing the 〃public
  heart〃 to care nothing about it。  A leading Douglas Democratic
  newspaper thinks Douglas's superior talent will be needed to
  resist the revival of the African slave trade。  Does Douglas
  believe an effort to revive that trade is approaching?  He has
  not said so。  Does he really think so?  But if it is; how can he
  resist it?  For years he has labored to prove it a sacred right
  of white men to take negro slaves into the new Territories。  Can
  he possibly show that it is less a sacred right to buy them where
  they can be bought cheapest?  And unquestionably they can be
  bought cheaper in Africa than in Virginia。  He has done all in
  his power to reduce the whole question of slavery to one of a
  mere right of property; and; as such; how can he oppose the
  foreign slave trade; how can he refuse that trade in that
  〃property〃 shall be 〃perfectly free;〃unless he does it as a
  protection to the home production?  And as the home producers
  will probably not ask the protection; he will be wholly without a
  ground of opposition。
  Senator Douglas holds; we know; that a man may rightfully be
  wiser to…day than he was yesterday; that he may rightfully change
  when he finds himself wrong。  But can we; for that reason; run
  ahead; and infer that he will make any particular change; of
  which he himself has given no intimation?  Can we safely base our
  action upon any such vague inference?  Now; as ever; I wish not
  to misrepresent Judge Douglas's position; question his motives;
  or do aught that can be personally offensive to h