rom, 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." Thereupon Judge Douglas
and others began to argue in favour of "popular sovereignty,"--the right
of the people to have slaves if they wanted them, and to exclude slavery
if they did not want them. "But," said, in substance, a senator from
Ohio (Mr. Chase, I believe), "we more than suspect that you do not mean
to allow the people to exclude slavery if they wish to; and if you do
mean it, accept an amendment which I propose, expressly authorizing the
people to exclude slavery." I believe I have the amendment here before
me, which was offered, and under which the people of the Territory,
through their proper representatives, might, if they saw fit, prohibit
the existence of slavery therein.
And now I state it as a fact, to be taken back if there is any mistake
about it, that Judge Douglas and those acting with him voted that
amendment down. I now think that those who voted it down had a real
reason for doing so. They know what that reason was. It looks to us,
since we have seen the Dred Scott decision pronounced, holding that
"under the Constitution" the people cannot exclude slavery--I say it
looks to outsiders, poor, simple, "amiable, intelligent gentlemen," as
though the niche was left as a place to put that Dred Scott decision
in, a niche that would have been spoiled by adopting the amendment. And
now I say again, if this was not the reason, it will avail the Judge
much more to calmly and good-humouredly point out to these people what
that other reason was for voting the amendment down, than swelling
himself up to vociferate that he may be provoked to call somebody a
liar.
Again, there is in that same quotation from the Nebraska bill this
clause: "it being the true intent and meaning of this bill not to
legislate slavery into any Territory or State." I have always been
puzzled to know what business the word "State" had in that connection.
Judge Douglas knows--he put it there. He knows what he put it there for.
We outsiders cannot say what he put it there for. The law they were
passing was not about States, and was not making provision for States.
What was it placed there for? After seeing the Dred Scott decision,
which holds that the people cannot exclude slavery from a Territory, if
another Dred Scott decision shall come, holding that they can
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