d and
give chance for more.
This necessity had not been overlooked, but had been provided for, as
well as might be, in the notable argument of _Squatter Sovereignty_,
otherwise called _sacred right of self-government_, which latter phrase,
though expressive of the only rightful basis of any government, was so
perverted in this attempted use of it, as to amount to just this: That
if any one man choose to enslave another, no third man shall be allowed
to object. That argument was incorporated into the Nebraska bill itself,
in the language which follows: "It being the true intent and meaning of
this act, not to legislate slavery into any Territory or State, nor to
exclude it therefrom; but to leave the people thereof perfectly free to
form and regulate their domestic institutions in their own way, subject
only to the Constitution of the United States." Then opened the roar of
loose declamation in favour of _Squatter Sovereignty_ and _sacred right
of self-government_. "But," said opposition members, "let us amend the
bill so as to expressly declare that the people of the Territory may
exclude slavery." "Not we," said the friends of the measure, and down
they voted the amendment.
While the Nebraska bill was passing through Congress, a _law case_,
involving the question of a negro's freedom, by reason of his owner
having voluntarily taken him first into a free State and then into a
Territory covered by the congressional prohibition, and held him as a
slave for a long time in each, was passing through the United States
Circuit Court for the District of Missouri; and both Nebraska bill and
law-suit were brought to a decision, in the same month of May, 1854. The
negro's name was "Dred Scott," which name now designates the decision
finally rendered in the case. Before the then next presidential
election, the law case came to, and was argued, in the Supreme Court of
the United States; but the decision of it was deferred until after the
election. Still, before the election, Senator Trumbull, on the floor of
the Senate, requested the leading advocate of the Nebraska bill to state
_his opinion_ whether the people of a Territory can constitutionally
exclude slavery from their limits, and the latter answers: "That is a
question for the Supreme Court."
The election came. Mr. Buchanan was elected, and the indorsement, such
as it was, secured. That was the second point gained. The indorsement,
however, fell short of a clear popular
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