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the writings-4-第24部分

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the Dred Scott decision; that the people of the Territories can still

somehow exclude slavery。  The first thing I ask attention to is the

fact that Judge Douglas constantly said; before the decision; that

whether they could or not; was a question for the Supreme Court。  But

after the court had made the decision he virtually says it is not a

question for the Supreme Court; but for the people。  And how is it he

tells us they can exclude it?  He says it needs 〃police regulations;〃

and that admits of 〃unfriendly legislation。〃  Although it is a right

established by the Constitution of the United States to take a slave

into a Territory of the United States and hold him as property; yet

unless the Territorial Legislature will give friendly legislation;

and more especially if they adopt unfriendly legislation; they can

practically exclude him。  Now; without meeting this proposition as a

matter of fact; I pass to consider the real constitutional

obligation。  Let me take the gentleman who looks me in the face

before me; and let us suppose that he is a member of the Territorial

Legislature。  The first thing he will do will be to swear that he

will support the Constitution of the United States。  His neighbor by

his side in the Territory has slaves and needs Territorial

legislation to enable him to enjoy that constitutional right。  Can he

withhold the legislation which his neighbor needs for the enjoyment

of a right which is fixed in his favor in the Constitution of the

United States which he has sworn to support?  Can he withhold it

without violating his oath?  And; more especially; can he pass

unfriendly legislation to violate his oath?  Why; this is a monstrous

sort of talk about the Constitution of the United States!  There has

never been as outlandish or lawless a doctrine from the mouth of any

respectable man on earth。  I do not believe it is a constitutional

right to hold slaves in a Territory of the United States。  I believe

the decision was improperly made and I go for reversing it。  Judge

Douglas is furious against those who go for reversing a decision。

But he is for legislating it out of all force while the law itself

stands。  I repeat that there has never been so monstrous a doctrine

uttered from the mouth of a respectable man。



I suppose most of us (I know it of myself) believe that the people of

the Southern States are entitled to a Congressional Fugitive Slave

law;that is a right fixed in the Constitution。  But it cannot be

made available to them without Congressional legislation。  In the

Judge's language; it is a 〃barren right;〃 which needs legislation

before it can become efficient and valuable to the persons to whom it

is guaranteed。  And as the right is constitutional; I agree that the

legislation shall be granted to it; and that not that we like the

institution of slavery。  We profess to have no taste for running and

catching niggers; at least; I profess no taste for that job at all。

Why then do I yield support to a Fugitive Slave law?  Because I do

not understand that the Constitution; which guarantees that right;

can be supported without it。  And if I believed that the right to

hold a slave in a Territory was equally fixed in the Constitution

with the right to reclaim fugitives; I should be bound to give it the

legislation necessary to support it。  I say that no man can deny his

obligation to give the necessary legislation to support slavery in a

Territory; who believes it is a constitutional right to have it

there。  No man can; who does not give the Abolitionists an argument

to deny the obligation enjoined by the Constitution to enact a

Fugitive State law。  Try it now。  It is the strongest Abolition

argument ever made。  I say if that Dred Scott decision is correct;

then the right to hold slaves in a Territory is equally a

constitutional right with the right of a slaveholder to have his

runaway returned。  No one can show the distinction between them。  The

one is express; so that we cannot deny it。  The other is construed to

be in the Constitution; so that he who believes the decision to be

correct believes in the right。  And the man who argues that by

unfriendly legislation; in spite of that constitutional right;

slavery may be driven from the Territories; cannot avoid furnishing

an argument by which Abolitionists may deny the obligation to return

fugitives; and claim the power to pass laws unfriendly to the right

of the slaveholder to reclaim his fugitive。  I do not know how such

an arguement may strike a popular assembly like this; but I defy

anybody to go before a body of men whose minds are educated to

estimating evidence and reasoning; and show that there is an iota of

difference between the constitutional right to reclaim a fugitive and

the constitutional right to hold a slave; in a Territory; provided

this Dred Scott decision is correct; I defy any man to make an

argument that will justify unfriendly legislation to deprive a

slaveholder of his right to hold his slave in a Territory; that will

not equally; in all its length; breadth; and thickness; furnish an

argument for nullifying the Fugitive Slave law。  Why; there is not

such an Abolitionist in the nation as Douglas; after all!











End of Volume 4


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