The Life And Public Services of Hon Abraham Lincoln With a Portrait On Steel

Cover The Life And Public Services of Hon Abraham Lincoln With a Portrait On Steel
The Life And Public Services of Hon Abraham Lincoln With a Portrait On Steel
Bartlett, D. W. (David W.), 1828-1912
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" It is very hard to affirm a negative with entire con- fidence. 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 ex- . Elusive 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 havebeen voted down by the majority of the Judges, just as Chase's amend- ment was voted down by Judge Douglas and his compeers when it was offered to the Nebraska bill.

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