Writings of Abraham Lincoln, the — Volume 4: the Lincoln-Douglas debates by Abraham Lincoln
page 61 of 108 (56%)
page 61 of 108 (56%)
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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 |
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