House Divided

Let anyone who doubts carefully contemplate that now almost complete legal combination -- piece of machinery, so to speak -- compounded of the Nebraska doctrine and the Dred Scott decision.

This point is made in order to deprive the Negro, in every possible event, of the benefit of that provision of the United States Constitution which declares that "the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states."

Let anyone who doubts carefully contemplate that now almost complete legal combination -- piece of machinery, so to speak -- compounded of the Nebraska doctrine and the Dred Scott decision.

While the Nebraska Bill was passing through Congress, a law case, involving the question of a Negro's freedom, by reason of his owner having voluntarily taken him first into a free state and then into a territory covered by the congressional prohibition, and held him as a slave for a long time in each, was passing through the United States Circuit Court for the district of Missouri; and both Nebraska Bill and lawsuit were brought to a decision in the same month of May 1854.

That argument was incorporated into the Nebraska Bill itself, in the language which follows:





It being the true intent and meaning of this act not to legislate slavery into an territory or state, nor to exclude it therefrom, but to leave the people there-of perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.

Third, that whether the holding a Negro in actual slavery in a free state makes him free, as against the holder, the United States courts will not decide, but will leave to be decided by the courts of any slave state the Negro may be forced into by the master.

Before the then next presidential election, the law case came to, and was argued in, the Supreme Court of the United States; but the decision of it was deferred until after the election.

That argument was incorporated into the Nebraska Bill itself, in the language which follows:





It being the true intent and meaning of this act not to legislate slavery into an territory or state, nor to exclude it therefrom, but to leave the people there-of perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.

While the Nebraska Bill was passing through Congress, a law case, involving the question of a Negro's freedom, by reason of his owner having voluntarily taken him first into a free state and then into a territory covered by the congressional prohibition, and held him as a slave for a long time in each, was passing through the United States Circuit Court for the district of Missouri; and both Nebraska Bill and lawsuit were brought to a decision in the same month of May 1854.

This necessity had not been overlooked, but had been provided for, as well as might be, in the notable argument of "squatter sovereignty," other-wise called "sacred right of self-government," which latter phrase, though expressive of the only rightful basis of any government, was so perverted in this attempted use of it as to amount to just this: That if any one man choose to enslave another, no third man shall be allowed to object.

Still, before the election, Senator Trumbull, on the floor of the Senate, requested the leading advocate of the Nebraska Bill to state his opinion whether the people of a territory can constitutionally exclude slavery from their limits; and the latter answers: "That is a question for the Supreme Court."

Let anyone who doubts carefully contemplate that now almost complete legal combination -- piece of machinery, so to speak -- compounded of the Nebraska doctrine and the Dred Scott decision.

The new year of 1854 found slavery excluded from more than half the states by state constitutions and from most of the national territory by congressional prohibition.

Before the then next presidential election, the law case came to, and was argued in, the Supreme Court of the United States; but the decision of it was deferred until after the election.

While the Nebraska Bill was passing through Congress, a law case, involving the question of a Negro's freedom, by reason of his owner having voluntarily taken him first into a free state and then into a territory covered by the congressional prohibition, and held him as a slave for a long time in each, was passing through the United States Circuit Court for the district of Missouri; and both Nebraska Bill and lawsuit were brought to a decision in the same month of May 1854.

Mr. Buchanan was elected, and the endorsement, such as it was, secured.

But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen -- Stephen, Franklin, Roger, and James, for instance -- and when we see these timbers joined together and see they exactly make the frame of a house or a mill, all the tenons and mortises 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...

That argument was incorporated into the Nebraska Bill itself, in the language which follows:





It being the true intent and meaning of this act not to legislate slavery into an territory or state, nor to exclude it therefrom, but to leave the people there-of perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.

Mr. President and Gentlemen of the Convention:


If we could first know where we are and whither we are tending, we could better judge what to do and how to do it.

This point is made, not to be pressed immediately but, if acquiesced in for awhile, and apparently endorsed by the people at an election, then to sustain the logical conclusion that what Dred Scott's master might lawfully do with Dred Scott in the free state of Illinois, every other master may lawfully do with any other one, or 1,000 slaves, in Illinois or in any other free state.

Either the opponents of slavery will arrest the further spread of it and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction, or its advocates will push it forward till it shall become alike lawful in all the states, old as well as new, North as well as South.

But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen -- Stephen, Franklin, Roger, and James, for instance -- and when we see these timbers joined together and see they exactly make the frame of a house or a mill, all the tenons and mortises 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...

His late joint struggle with the Republicans against the Lecompton constitution involves nothing of the original Nebraska doctrine.

While the Nebraska Bill was passing through Congress, a law case, involving the question of a Negro's freedom, by reason of his owner having voluntarily taken him first into a free state and then into a territory covered by the congressional prohibition, and held him as a slave for a long time in each, was passing through the United States Circuit Court for the district of Missouri; and both Nebraska Bill and lawsuit were brought to a decision in the same month of May 1854.

At length a squabble springs up between the President and the author of the Nebraska Bill, on the mere question of fact, whether the Lecompton constitution was or was not in any just sense made by the people of Kansas; and in that quarrel the latter declares that all he wants is a fair vote for the people, and that he cares not whether slavery be voted down or voted up.

The several points of the Dred Scott decision, in connection with Senator Douglas' "care not" policy, constitute the piece of machinery in its present state of advancement.

I do not expect the Union to be dissolved; I do not expect the house to fall; but I do expect it will cease to be divided.

Still, before the election, Senator Trumbull, on the floor of the Senate, requested the leading advocate of the Nebraska Bill to state his opinion whether the people of a territory can constitutionally exclude slavery from their limits; and the latter answers: "That is a question for the Supreme Court."

But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen -- Stephen, Franklin, Roger, and James, for instance -- and when we see these timbers joined together and see they exactly make the frame of a house or a mill, all the tenons and mortises 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...

The working points of that machinery are:



First, that no Negro slave, imported as such from Africa, and no descendant of such slave can ever be a citizen of any state in the sense of that term as used in the Constitution of the United States.

Either the opponents of slavery will arrest the further spread of it and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction, or its advocates will push it forward till it shall become alike lawful in all the states, old as well as new, North as well as South.