While the opinion of the court, by Chief-Justice Taney,
in the Dred Scott case, and the separate opinions
of all the concurring judges, expressly declare that
the Constitution of the United States permits neither
Congress nor a Territorial Legislature to exclude
slavery from any United States Territory, they all
omit to declare whether or not the same Constitution
permits a State, or the people of a State, to exclude
it. Possibly, this is a mere omission; but who
can be quite sure, if McLean or Curtis had sought to
get into the opinion a declaration of unlimited power
in the people of a State to exclude slavery from their
limits, just as Chase and Mace sought to get such
declaration, in behalf of the people of a territory,
into the Nebraska bill—I ask, who can be
quite sure that it would not have been voted down
in the one case as it had been in the other? The
nearest approach to the point of declaring the power
of a State over slavery is made by Judge Nelson.
He approaches it more than once, using the precise
idea, and almost the language, too, of the Nebraska
act. On one occasion, his exact language is:
“Except in cases when the power is restrained
by the Constitution of the United States, the law of
the State is supreme over the subjects of slavery
within its jurisdiction.” In what cases
the power of the States is so restrained by the United
States Constitution is left an open question, precisely
as the same question, as to the restraint on the power
of the Territories, was left open in the Nebraska
act. Put this and that together, and we have
another nice little niche, which we may, ere long,
see filled with another Supreme Court decision, declaring
that the Constitution of the United States does not
permit a State to exclude slavery from its limits.
And this may especially be expected if the doctrine
of “care not whether slavery be voted down or
voted up,” shall gain upon the public mind sufficiently
to give promise that such a decision can be maintained
when made.
Such a decision is all that slavery now lacks of being alike lawful in all the States. Welcome or unwelcome, such decision is probably coming, and will soon be upon us, unless the power of the present political dynasty shall be met and overthrown. We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free, and we shall awake to the reality, instead, that the Supreme Court has made Illinois a slave State. To meet and overthrow that dynasty is the work before all those who would prevent that consummation. That is what we have to do. How can we best do it?