the policy of the South. It is very doubtful
whether any large extension of cultivation by slave
labour was economically possible in Kansas or in regions
yet further North, but we have seen to what lengths
the Southern leaders would go in the attempt to secure
even a limited recognition of slavery as lawful in
a new State. They were not succeeding in the
business of the Kansas Constitution. But they
had a very good prospect of a far more important success.
The celebrated dicta of Chief Justice Taney and other
judges in the Dred Scott case had not amounted to an
actual decision, nor if they had would a single decision
have been irreversible. Whether the principle
of them should become fixed in American Constitutional
law depended (though this could not be openly said)
on whether future appointments to the Supreme Court
were to be made by a President who shared Taney’s
views; whether the executive action of the President
was governed by the same views; and on the subtle
pressure which outside opinion does exercise, and in
this case had surely exercised, upon judicial minds.
If the simple principle that the right to a slave
is just one form of the ordinary right to property
once became firmly fixed in American jurisprudence
it is hard to see how any laws prohibiting slavery
could have continued to be held constitutional except
in States which were free States when the Constitution
was adopted. Of course, a State like New York
where slaves were industrially useless would not therefore
have been filled with slave plantations, but, among
a loyally minded people, the tradition which reprobated
slavery would have been greatly weakened. The
South would have been freed from the sense that slavery
was a doomed institution. If attempts to plant
slavery further in the West with profit failed, there
was Cuba and there was Central America, on which filibustering
raids already found favour in the South, and in which
the national Government might be led to adopt schemes
of conquest or annexation. Moreover, it was
avowed by leaders like Jefferson Davis that though
it might be impracticable to hope for the repeal of
the prohibition of the slave trade, at least some
relaxation of its severity ought to be striven for,
in the interest of Texas and New Mexico and of possible
future Territories where there might be room for more
slaves. Such were the views of the leaders whose
influence preponderated with the present President
and in the main with the present Congress. When
Lincoln judged that a determined stand against their
policy was required, and further that no such stand
could be possible to a party which had embraced Douglas
with his principle, “I care not whether slavery
be voted up or voted down,” there is no doubt
now that he was right and the great body of Republican
authority opposed to him wrong.