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."
As to the moral aspect of his actions, Douglas must ultimately be
judged by the significance which this position in which he placed
himself assumed in his own mind. Friendly critics excuse him: an
interpretation of the Dred Scott decision which explained it away
as an irresponsible utterance on a subject outside the scope of
the case, a mere obiter dictum, is the justification which is
called in to save him from the charge of insincerity. His
friends, today, admit that this interpretation was bad law, but
maintain that it may have been good morals, and that Douglas
honestly held it. But many of us have not yet advanced so far in
critical generosity, and cannot help feeling that Douglas's
position remains political legerdemain--an attempt by a great
officer of the government, professing to defend the Supreme
Court, to show the people how to go through the motions of
obedience to the Court while defeating its intention. If not
double-dealing in a strict sense, it must yet be considered as
having in it the temper of double-dealing.
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