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Nicolay, John George, 1832-1901

"Hay's Abraham Lincoln: A History"

Those police regulations can only be
established by the local legislature, and if the people are opposed to
slavery they will elect representatives to that body who will by
unfriendly legislation effectually prevent the introduction of it into
their midst. If, on the contrary, they are for it, their legislation
will favor its extension. Hence, no matter what the decision of the
Supreme Court may be on that abstract question, still the right of the
people to make a slave Territory or a free Territory is perfect and
complete under the Nebraska Bill."
In the course of the next joint debate at Jonesboro', Mr. Lincoln easily
disposed of this sophism by showing: 1. That, practically, slavery had
worked its way into Territories without "police regulations" in almost
every instance; 2. That United States courts were established to protect
and enforce rights under the Constitution; 3. That members of a
territorial legislature could not violate their oath to support the
Constitution of the United States; and, 4. That in default of
legislative support, Congress would be bound to supply it for any right
under the Constitution.
The serious aspect of the matter, however, to Douglas was not the
criticism of the Republicans, but the view taken by Southern Democratic
leaders, of his "Freeport doctrine," or doctrine of "unfriendly
legislation.


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