workmen--Stephen, Franklin, Roger, and James,
for instance,--and when we see these timbers joined together, and see
that they exactly make the frame of a house or a mill, all the tenons
and mortices exactly fitting, and all the lengths and proportions of the
different pieces exactly adapted to their respective places, and not
a piece too many or too few--not omitting even scaffolding,--or, if a
single piece be lacking, we see the place in the frame exactly fitted
and prepared yet to bring such piece in,--in such a case, we find it
impossible not to believe that Stephen and Franklin and Roger and James
all understood one another from the beginning, and all worked upon a
common plan or draft drawn up before the first blow was struck.
It should not be overlooked that, by the Nebraska bill, the people of a
State, as well as Territory, were to be left "perfectly free," "subject
only to the Constitution." Why mention a State? They were legislating
for Territories, and not for or about States. Certainly, the people of
a State are and ought to be subject to the Constitution of the United
States; but why is mention of this lugged into this merely Territorial
law? Why are the people of a Territory and the people of a State therein
lumped together, and their relation to the Constitution therein
treated as being precisely the same? 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 i
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