as to whether he would
or would not sustain such a decision if made. I give him his third chance
to say yes or no. He is not obliged to do either, probably he will not do
either; but I give him the third chance. I tried to show then that this
result, this conclusion, inevitably followed from the point already
decided by the court. The Judge, in his reply, again sneers at the thought
of the court making any such decision, and in the course of his remarks
upon this subject uses the language which I will now read. Speaking of me,
the Judge says:
"He goes on and insists that the Dred Scott decision would carry slavery
into the free States, notwithstanding the decision itself says the
contrary." And he adds:
"Mr. Lincoln knows that there is no member of the Supreme Court that holds
that doctrine. He knows that every one of them in their opinions held the
reverse."
I especially introduce this subject again for the purpose of saying that
I have the Dred Scott decision here, and I will thank Judge Douglas to lay
his finger upon the place in the entire opinions of the court where any
one of them "says the contrary." It is very hard to affirm a negative with
entire confidence. I say, however, that I have examined that decision with
a good deal of care, as a lawyer examines a decision and, so far as I have
been able to do so, the court has nowhere in its opinions said that
the States have the power to exclude slavery, nor have they used other
language substantially that, I also say, so far as I can find, not one of
the concurring judges has said that the States can exclude slavery, nor
said anything that was substantially that. The nearest approach that any
one of them has made to it, so far as I can find, was by Judge Nelson,
and the approach he made to it was exactly, in substance, the Nebraska
Bill,--that the States had the exclusive power over the question of
slavery, so far as they are not limited by the Constitution of the United
States. I asked the question, therefore, if the non-concurring judges,
McLean or Curtis, had asked to get an express declaration that the States
could absolutely exclude slavery from their limits, what reason have we
to believe that it would not have been voted down by the majority of the
judges, just as Chase's amendment was voted down by Judge Douglas and his
compeers when it was offered to the Nebraska Bill.
Also, at Galesburgh, I said something in regard to those Springfield
resolutions
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