Territory, the Supreme Court of the United States decided that Dred
Scott did not become Free by being taken into that Territory, but that
having been carried back to Missouri, was yet a Slave.
"Mr. Lincoln is going to appeal from that decision and reverse it. He
does not intend to reverse it as to Dred Scott. Oh, no! But he will
reverse it so that it shall not stand as a rule in the future. How will
he do it? He says that if he is elected to the Senate he will introduce
and pass a law just like the Missouri Compromise, prohibiting Slavery
again in all the Territories. Suppose he does re-enact the same law
which the Court has pronounced unconstitutional, will that make it
Constitutional? * * * Will it be any more valid? Will he be able to
convince the Court that the second Act is valid, when the first is
invalid and void? What good does it do to pass a second Act? Why, it
will have the effect to arraign the Supreme Court before the People, and
to bring them into all the political discussions of the Country. Will
that do any good? * * *
"The functions of Congress are to enact the Statutes, the province of
the Court is to pronounce upon their validity, and the duty of the
Executive is to carry the decision into effect when rendered by the
Court. And yet, notwithstanding the Constitution makes the decision of
the Court final in regard to the validity of an Act of Congress, Mr.
Lincoln is going to reverse that decision by passing another Act of
Congress. When he has become convinced of the Folly of the proposition,
perhaps he will resort to the same subterfuge that I have found others
of his Party resort to, which is to agitate and agitate until he can
change the Supreme Court and put other men in the places of the present
incumbents."
After ridiculing this proposition at some length, he proceeded:
"Mr. Lincoln is alarmed for fear that, under the Dred Scott decision,
Slavery will go into all the Territories of the United States. All I
have to say is that, with or without this decision, Slavery will go just
where the People want it, and not an inch further. * * * Hence, if the
People of a Territory want Slavery, they will encourage it by passing
affirmatory laws, and the necessary police regulations, patrol laws and
Slave Code; if they do not want it, they will withhold that legislation,
and, by withholding it, Slavery is as dead as if it was prohibited by a
Constitutional prohibition, especially if
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