[798] Compare the quotation in Harper's, p. 531, with the opinion of the Court, U.S. Supreme Court Reports, 19 How., p. 720. The clause beginning "And if the Constitution recognizes" is taken from its own paragraph and put in the middle of the following paragraph.
[799] Globe, 36 Cong., 1 Sess., p. 2152. This statement was confirmed by Reverdy Johnson, who was one of the lawyers that argued the case. See the speech of Reverdy Johnson, June 7, 1860.
[800] Rhodes, History of the United States, II., p. 374.
[801] Washington Constitution, September 10, 1859. The article was afterward published in a collection of his essays and speeches.
[802] Flint, Douglas, p. 181.
[803] One of the most interesting commentaries on Black's argument is his defense of the people of Utah, many years later, against the Anti-Polygamy Laws, when he used Douglas's argument without the slightest qualms. See Essays and Speeches, pp. 603, 604, 609.
[804] Flint, Douglas, pp. 172-181 gives extracts from these pamphlets.
[805] Rhodes History of United States, II, p. 381.
[806] Ibid., p. 382.
[807] New York Times, September 9, 1859.