第 28 节
作者:九十八度      更新:2021-10-16 18:40      字数:9322
  Supreme Court?  Has not the Supreme Court decided that question?
  when he now says the people may exclude slavery; does he not make
  it a question for the people?  Does he not virtually shift his
  ground and say that it is not a question for the Court; but for
  the people?  This is a very simple proposition;a very plain and
  naked one。  It seems to me that there is no difficulty in
  deciding it。  In a variety of ways he said that it was a question
  for the Supreme Court。  He did not stop then to tell us that;
  whatever the Supreme Court decides; the people can by withholding
  necessary 〃police regulations〃 keep slavery out。  He did not make
  any such answer  I submit to you now whether the new state of the
  case has not induced the Judge to sheer away from his original
  ground。  Would not this be the impression of every fair…minded
  man?
  I hold that the proposition that slavery cannot enter a new
  country without police regulations is historically false。  It is
  not true at all。  I hold that the history of this country shows
  that the institution of slavery was originally planted upon this
  continent without these 〃police regulations;〃 which the Judge now
  thinks necessary for the actual establishment of it。  Not only
  so; but is there not another fact: how came this Dred Scott
  decision to be made?  It was made upon the case of a negro being
  taken and actually held in slavery in Minnesota Territory;
  claiming his freedom because the Act of Congress prohibited his
  being so held there。  Will the Judge pretend that Dred Scott was
  not held there without police regulations?  There is at least one
  matter of record as to his having been held in slavery in the
  Territory; not only without police regulations; but in the teeth
  of Congressional legislation supposed to be valid at the time。
  This shows that there is vigor enough in slavery to plant itself
  in a new country even against unfriendly legislation。  It takes
  not only law; but the enforcement of law to keep it out。  That is
  the history of this country upon the subject。
  I wish to ask one other question。  It being understood that the
  Constitution of the United States guarantees property in slaves
  in the Territories; if there is any infringement of the right of
  that property; would not the United States courts; organized for
  the government of the Territory; apply such remedy as might be
  necessary in that case?  It is a maxim held by the courts that
  there is no wrong without its remedy; and the courts have a
  remedy for whatever is acknowledged and treated as a wrong。
  Again: I will ask you; my friends; if you were elected members of
  the Legislature; what would be the first thing you would have to
  do before entering upon your duties?  Swear to support the
  Constitution of the United States。  Suppose you believe; as Judge
  Douglas does; that the Constitution of the United States
  guarantees to your neighbor the right to hold slaves in that
  Territory; that they are his property:  how can you clear your
  oaths unless you give him such legislation as is necessary to
  enable him to enjoy that property?  What do you understand by
  supporting the Constitution of a State; or of the United States?
  Is it not to give such constitutional helps to the rights
  established by that Constitution as may be practically needed?
  Can you; if you swear to support the Constitution; and believe
  that the Constitution establishes a right; clear your oath;
  without giving it support?  Do you support the Constitution if;
  knowing or believing there is a right established under it which
  needs specific legislation; you withhold that legislation?  Do
  you not violate and disregard your oath?  I can conceive of
  nothing plainer in the world。  There can be nothing in the words
  〃support the Constitution;〃 if you may run counter to it by
  refusing support to any right established under the Constitution。
  And what I say here will hold with still more force against the
  Judge's doctrine of 〃unfriendly legislation。〃  How could you;
  having sworn to support the Constitution; and believing it
  guaranteed the right to hold slaves in the Territories; assist in
  legislation intended to defeat that right?  That would be
  violating your own view of the Constitution。  Not only so; but if
  you were to do so; how long would it take the courts to hold your
  votes unconstitutional and void?  Not a moment。
  Lastly; I would ask: Is not Congress itself under obligation to
  give legislative support to any right that is established under
  the United States Constitution?  I repeat the question: Is not
  Congress itself bound to give legislative support to any right
  that is established in the United States Constitution?  A member
  of Congress swears to support the Constitution of the United
  States: and if he sees a right established by that Constitution
  which needs specific legislative protection; can he clear his
  oath without giving that protection?  Let me ask you why many of
  us who are opposed to slavery upon principle give our
  acquiescence to a Fugitive Slave law?   Why do we hold ourselves
  under obligations to pass such a law; and abide by it when it is
  passed?  Because the Constitution makes provision that the owners
  of slaves shall have the right to reclaim them。  It gives the
  right to reclaim slaves; and that right is; as Judge Douglas
  says; a barren right; unless there is legislation that will
  enforce it。
  The mere declaration; 〃No person held to service or labor in one
  State under the laws thereof; escaping into another; shall in
  consequence of any law or regulation therein be discharged from
  such service or labor; but shall be delivered up on claim of the
  party to whom such service or labor may be due; 〃is powerless
  without specific legislation to enforce it。〃  Now; on what ground
  would a member of Congress; who is opposed to slavery in the
  abstract; vote for a Fugitive law; as I would deem it my duty to
  do?  Because there is a constitutional right which needs
  legislation to enforce it。  And although it is distasteful to me;
  I have sworn to support the Constitution; and having so sworn; I
  cannot conceive that I do support it if I withhold from that
  right any necessary legislation to make it practical。  And if
  that is true in regard to a Fugitive Slave law; is the right to
  have fugitive slaves reclaimed any better fixed in the
  Constitution than the right to hold slaves in the Territories?
  For this decision is a just exposition of the Constitution; as
  Judge Douglas thinks。  Is the one right any better than the
  other?  Is there any man who; while a member of Congress; would
  give support to the one any more than the other?  If I wished to
  refuse to give legislative support to slave property in the
  Territories; if a member of Congress; I could not do it; holding
  the view that the Constitution establishes that right。  If I did
  it at all; it would be because I deny that this decision properly
  construes the Constitution。  But if I acknowledge; with Judge
  Douglas; that this decision properly construes the Constitution;
  I cannot conceive that I would be less than a perjured man if I
  should refuse in Congress to give such protection to that
  property as in its nature it needed。
  At the end of what I have said here I propose to give the Judge
  my fifth interrogatory; which he may take and answer at his
  leisure。  My fifth interrogatory is this:
  If the slaveholding citizens of a United States Territory should
  need and demand Congressional legislation for the protection of
  their slave property in such Territory; would you; as a member of
  Congress; vote for or against such legislation?
  'Judge DOUGLAS: Will you repeat that?  I want to answer that
  question。'
  If the slaveholding citizens of a United States Territory should
  need and demand Congressional legislation for the protection of
  their slave property in such Territory; would you; as a member of
  Congress; vote for or against such legislation?
  I am aware that in some of the speeches Judge Douglas has made;
  he has spoken as if he did not know or think that the Supreme
  Court had decided that a Territorial Legislature cannot exclude
  slavery。  Precisely what the Judge would say upon the subject
  whether he would say definitely that he does not understand they
  have so decided; or whether he would say he does understand that
  the court have so decided;I do not know; but I know that in his
  speech at Springfield he spoke of it as a thing they had not
  decided yet; and in his answer to me at Freeport; he spoke of it;
  so far; again; as I can comprehend it; as a thing that had not
  yet been decided。  Now; I hold that if the Judge does entertain
  that view; I think that he is not mistaken in so far as it can be
  said that the court has not decided anything save the mere
  question of jurisdiction。  I know the legal arguments that can be
  made;that after a court has decided that it cannot take
  jurisdiction in a case