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the writings-5-第22章

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that it should not be abolished before that time; for reasons which I

suppose they thought to be sound ones; but which I will not now try

to enumerate before you。



But while; they expected the slave trade would be abolished at that

time; they expected that the spread of slavery into the new

Territories should also be restricted。  It is as easy to prove that

the framers of the Constitution of the United States expected that

slavery should be prohibited from extending into the new Territories;

as it is to prove that it was expected that the slave trade should be

abolished。  Both these things were expected。  One was no more

expected than the other; and one was no more a compromise of the

Constitution than the other。  There was nothing said in the

Constitution in regard to the spread of slavery into the Territory。

I grant that; but there was something very important said about it by

the same generation of men in the adoption of the old Ordinance of

'87; through the influence of which you here in Ohio; our neighbors

in Indiana; we in Illinois; our neighbors in Michigan and Wisconsin;

are happy; prosperous; teeming millions of free men。  That generation

of men; though not to the full extent members of the convention that

framed the Constitution; were to some extent members of that

convention; holding seats at the same time in one body and the other;

so that if there was any compromise on either of these subjects; the

strong evidence is that that compromise was in favor of the

restriction of slavery from the new Territories。



But Douglas says that he is unalterably opposed to the repeal of

those laws because; in his view; it is a compromise of the

Constitution。  You Kentuckians; no doubt; are somewhat offended with

that。  You ought not to be!  You ought to be patient!  You ought to

know that if he said less than that; he would lose the power of

〃lugging〃 the Northern States to your support。  Really; what you

would push him to do would take from him his entire power to serve

you。  And you ought to remember how long; by precedent; Judge Douglas

holds himself obliged to stick by compromises。  You ought to remember

that by the time you yourselves think you are ready to inaugurate

measures for the revival of the African slave trade; that sufficient

time will have arrived; by precedent; for Judge Douglas to break

through; that compromise。  He says now nothing more strong than he

said in 1849 when he declared in favor of Missouri Compromise;and

precisely four years and a quarter after he declared that Compromise

to be a sacred thing; which 〃no ruthless hand would ever daze to

touch;〃 he himself brought forward the measure ruthlessly to destroy

it。  By a mere calculation of time it will only be four years more

until he is ready to take back his profession about the sacredness of

the Compromise abolishing the slave trade。  Precisely as soon as you

are ready to have his services in that direction; by fair

calculation; you may be sure of having them。



But you remember and set down to Judge Douglas's debt; or discredit;

that he; last year; said the people of Territories can; in spite of

the Dred Scott decision; exclude your slaves from those Territories;

that he declared; by 〃unfriendly legislation〃 the extension of your

property into the new Territories may be cut off; in the teeth of the

decision of the Supreme Court of the United States。



He assumed that position at Freeport on the 27th of August; 1858。  He

said that the people of the Territories can exclude slavery; in so

many words: You ought; however; to bear in mind that he has never

said it since。  You may hunt in every speech that he has since made;

and he has never used that expression once。  He has never seemed to

notice that he is stating his views differently from what he did

then; but by some sort of accident; he has always really stated it

differently。  He has always since then declared that 〃the

Constitution does not carry slavery into the Territories of the

United States beyond the power of the people legally to control it;

as other property。〃  Now; there is a difference in the language used

upon that former occasion and in this latter day。  There may or may

not be a difference in the meaning; but it is worth while considering

whether there is not also a difference in meaning。



What is it to exclude?  Why; it is to drive it out。  It is in some

way to put it out of the Territory。  It is to force it across the

line; or change its character so that; as property; it is out of

existence。  But what is the controlling of it 〃as other property〃?

Is controlling it as other property the same thing as destroying it;

or driving it away?  I should think not。  I should think the

controlling of it as other property would be just about what you in

Kentucky should want。  I understand the controlling of property means

the controlling of it for the benefit of the owner of it。  While I

have no doubt the Supreme Court of the United States would say 〃God

speed〃 to any of the Territorial Legislatures that should thus

control slave property; they would sing quite a different tune if; by

the pretence of controlling it; they were to undertake to pass laws

which virtually excluded it;and that upon a very well known

principle to all lawyers; that what a Legislature cannot directly do;

it cannot do by indirection; that as the Legislature has not the

power to drive slaves out; they have no power; by indirection; by

tax; or by imposing burdens in any way on that property; to effect

the same end; and that any attempt to do so would be held by the Dred

Scott court unconstitutional。



Douglas is not willing to stand by his first proposition that they

can exclude it; because we have seen that that proposition amounts to

nothing more nor less than the naked absurdity that you may lawfully

drive out that which has a lawful right to remain。 He admitted at

first that the slave might be lawfully taken into the Territories

under the Constitution of the United States; and yet asserted that he

might be lawfully driven out。  That being the proposition; it is the

absurdity I have stated。  He is not willing to stand in the face of

that direct; naked; and impudent absurdity; he has; therefore;

modified his language into that of being 〃controlled as other

property。〃



The Kentuckians don't like this in Douglas! I will tell you where it

will go。 He now swears by the court。  He was once a leading man in

Illinois to break down a court; because it had made a decision he did

not like。 But he now not only swears by the court; the courts having

got to working for you; but he denounces all men that do not swear by

the courts; as unpatriotic; as bad citizens。  When one of these acts

of unfriendly legislation shall impose such heavy burdens as to; in

effect; destroy property in slaves in a Territory; and show plainly

enough that there can be no mistake in the purpose of the Legislature

to make them so burde
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