A house divided against itself cannot stand." I believe this government cannot endure, permanently half slave and half free. 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. It will become all one thing, or all the other. 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 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. Have we no tendency to the latter condition? Let any one 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 Kansas-Nebraska Act opened all the national territory to slavery [...]. This [...] had been provided for [...] in the notable argument of "squatter sovereignty," otherwise 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.
While the Nebraska Bill was passing through Congress, a law case, involving the question of a negro's freedom … was passing through the U.S. Circuit Court for the District of Missouri; and both Nebraska Bill and law suit were brought to a decision in the same month of May, 1854. The Negro's name was "Dred Scott" [...].
[The points decided by the Dred Scott decision include] 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. This point is made, not to be pressed immediately [...] [that] the logical conclusion that what Dred Scott's master might lawfully do with Dred Scott, in the free state Illinois, every other master may lawfully do with any other one, or one thousand slaves, in Illinois, or in any other free state.
While the opinion of [...] Chief Justice Taney, in the Dred Scott case [...] expressly declare[s] that the Constitution of the United States neither permits congress nor a territorial legislature to exclude slavery from any United States territory, [...] [Taney] omit[s] to declare whether or not the same constitution permits a state, or the people of a state, to exclude it. Possibly, this was a mere omission; but who can be quite sure [...].
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 is, "except in cases where the power is restrained by the Constitution of the United States, the law of the State is supreme over the subject of slavery within its jurisdiction." In what cases the power of the states is so restrained by the U.S. Constitution, is left an open question, precisely as the same question, as to the restraint on the power of the territories was left open in the Nebraska Act. Put that and that together, and we have another nice little niche, which we may, ere long, see filled with another Supreme Court decision, declaring that the Constitution of the United States does not permit a state to exclude slavery from its limits. And this may especially be expected if the doctrine of "care not whether slavery be voted down or voted up" shall gain upon the public mind sufficiently to give promise that such a decision can be maintained when made.
Such a decision is all that slavery now lacks of being alike lawful in all the States.
Welcome, or unwelcome, such decision is probably coming, and will soon be upon us, unless the power of the present political dynasty shall be met and overthrown. We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free, and we shall awake to the reality instead that the Supreme Court has made Illinois a slave State.