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Page 38
The new year of 1854 found slavery excluded from more than half the
States by State constitutions, and from most of the national territory
by Congressional prohibition. Four days later commenced the struggle
which ended in repealing that Congressional prohibition. This opened all
the national territory to slavery, and was the first point gained. But,
so far, Congress only had acted, and an indorsement, by the people, real
or apparent, was indispensable, to save the point already gained 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 with 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 favor 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
lawsuit 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 made 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 majority by nearly four hundred
thousand votes, and so, perhaps, was not overwhelmingly reliable and
satisfactory. The outgoing President, in his last annual message, as
impressively as possible, echoed back upon the people the weight and
authority of the indorsement. The Supreme Court met again, did not
announce their decision, but ordered a re-argument. The Presidential
inauguration came, and still no decision of the court; but the incoming
President, in his inaugural address, fervently exhorted the people to
abide by the forthcoming decision, whatever it might be. Then, in a few
days, came the decision. The reputed author of the Nebraska bill finds
an early occasion to make a speech at this capital, indorsing the Dred
Scott decision, and vehemently denouncing all opposition to it. The
new President, too, seizes the early occasion of the Silliman letter
to indorse and strongly construe that decision, and to express his
astonishment that any different view had ever been entertained.
At length a squabble springs up between the President and the author of
the Nebraska bill, on the mere question of fact, whether the Lecompton
constitution was, or was not, in any just sense, made by the people of
Kansas; and in that quarrel the latter declares that all he wants is a
fair vote for the people, and that he cares not whether slavery be voted
down or voted up.' I do not understand his declaration, that he cares
not whether slavery be voted _down_ or voted _up_, to be intended by him
other than as an apt definition of the policy he would impress upon
the public mind--the principle for which he declares he has suffered so
much, and is ready to suffer to the end. And well may he cling to that
principle. If he has any parental feeling, well may he cling to it.
That principle is the only shred left of his original Nebraska doctrine.
Under the Dred Scott decision, squatter sovereignty squatted out of
existence--tumbled down like temporary scaffolding--like the mould
at the foundry, served through one blast, and fell back into loose
sand,--helped to carry an election, and then was kicked to the winds.
His late joint struggle with the Republicans against the Lecompton
constitution involves nothing of the original Nebraska doctrine. That
struggle was made on a point--the right of a people to make their own
constitution--upon which he and the Republicans have never differed.
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