They have slaughtered one of his most cherished measures, and his ghost would arise to rebuke them. [Great applause.]
Now, let us harmonize, my friends, and appeal to the moderation and patriotism of the people: to the sober second thought; to the awakened public conscience. The repeal of the sacred Missouri Compromise has installed the weapons of violence: the bludgeon, the incendiary torch, the death-dealing rifle, the bristling cannon—the weapons of kingcraft, of the inquisition, of ignorance, of barbarism, of oppression. We see its fruits in the dying bed of the heroic Sumner; in the ruins of the "Free State" hotel; in the smoking embers of the Herald of Freedom; in the free-State Governor of Kansas chained to a stake on freedom's soil like a horse-thief, for the crime of freedom. [Applause.] We see it in Christian statesmen, and Christian newspapers, and Christian pulpits, applauding the cowardly act of a low bully, WHO CRAWLED UPON HIS VICTIM BEHIND HIS BACK AND DEALT THE DEADLY BLOW. [Sensation and applause.] We note our political demoralization in the catch-words that are coming into such common use; on the one hand, "freedom-shriekers," and sometimes "freedom-screechers" [Laughter]; and, on the other hand, "border ruffians," and that fully deserved. And the significance of catch-words cannot pass unheeded, for they constitute a sign of the times. Everything in this world "jibes" in with everything else, and all the fruits of this Nebraska bill are like the poisoned source from which they come. I will not say that we may not sooner or later be compelled to meet force by force; but the time has not yet come, and if we are true to ourselves, may never come. Do not mistake that the ballot is stronger than the bullet. Therefore let the legions of slavery use bullets; but let us wait patiently till November, and fire ballots at them in return; and by that peaceful policy, I believe we shall ultimately win. [Applause.]
It was by that policy that here in Illinois the early fathers fought the good fight and gained the victory. In 1824 the free men of our State, led by Governor Coles (who was a native of Maryland and President Madison's private secretary), determined that those beautiful groves should never re-echo the dirge of one who has no title to himself. By their resolute determination, the winds that sweep across our broad prairies shall never cool the parched brow, nor shall the unfettered streams that bring joy and gladness to our free soil water the tired feet, of a slave; but so long as those heavenly breezes and sparkling streams bless the land, or the groves and their fragrance or their memory remain, the humanity to which they minister SHALL BE FOR EVER FREE! [Great applause.] Palmer, Yates, Williams, Browning, and some more in this convention came from Kentucky to Illinois (instead of going to Missouri), not only to better their conditions, but also to get away from slavery. They have said so to me, and it is understood among us Kentuckians that we don't like it one bit. Now, can we, mindful of the blessings of liberty which the early men of Illinois left to us, refuse a like privilege to the free men who seek to plant Freedom's banner on our Western outposts? ["No! No!"] Should we not stand by our neighbours who seek to better their conditions in Kansas and Nebraska? ["Yes! Yes!"] Can we as Christian men, and strong and free ourselves, wield the sledge or hold the iron which is to manacle anew an already oppressed race? ["No! No!"] "Woe unto them," it is written, "that decree unrighteous decrees and that write grievousness which they have prescribed." Can we afford to sin any more deeply against human liberty? ["No! No!"]
One great trouble in the matter is, that slavery is an insidious and crafty power, and gains equally by open violence of the brutal as well as by sly management of the peaceful. Even after the ordinance of 1787, the settlers in Indiana and Illinois (it was all one government then) tried to get Congress to allow slavery temporarily, and petitions to that end were sent from Kaskaskia, and General Harrison, the Governor, urged it from Vincennes the capital. If that had succeeded, good-bye to liberty here. But John Randolph of Virginia made a vigorous report against it; and although they persevered so well as to get three favourable reports for it, yet the United States Senate, with the aid of some slave States, finally squelched it for good. [Applause.] And that is why this hall is to-day a temple for free men instead of a negro livery stable. [Great applause and laughter.] Once let slavery get planted in a locality, by ever so weak or doubtful a title, and in ever so small numbers, and it is like the Canada thistle or Bermuda grass—you can't root it out. You yourself may detest slavery; but your neighbour has five or six slaves, and he is an excellent neighbour, or your son has married his daughter, and they beg you to help save their property, and you vote against your interest and principles to accommodate a neighbour, hoping that your vote will be on the losing side. And others do the same; and in those ways slavery gets a sure foothold. And when that is done the whole mighty Union—the force of the nation—is committed to its support. And that very process is working in Kansas to-day. And you must recollect that the slave property is worth a billion of dollars ($1,000,000,000); while free-State men must work for sentiment alone. Then there are "blue lodges"—as they call them—everywhere doing their secret and deadly work.
It is a very strange thing, and not solvable by any moral law that I know of, that if a man loses his horse, the whole country will turn out to help hang the thief; but if a man but a shade or two darker than I am is himself stolen, the same crowd will hang one who aids in restoring him to liberty. Such are the inconsistencies of slavery, where a horse is more sacred than a man; and the essence of squatter or popular sovereignty—I don't care how you call it—is that if one man chooses to make a slave of another, no third man shall be allowed to object. And if you can do this in free Kansas, and it is allowed to stand, the next thing you will see is ship-loads of negroes from Africa at the wharf at Charleston; for one thing is as truly lawful as the other; and these are the bastard notions we have got to stamp out, else they will stamp us out. [Sensation and applause.]
Two years ago, at Springfield, Judge Douglas avowed that Illinois came into the Union as a slave State, and that slavery was weeded out by the operation of his great, patent, everlasting principle of "popular sovereignty." [Laughter.] Well, now, that argument must be answered, for it has a little grain of truth at the bottom. I do not mean that it is true in essence, as he would have us believe. It could not be essentially true if the ordinance of '87 was valid. But, in point of fact, there were some degraded beings called slaves in Kaskaskia and the other French settlements when our first State constitution was adopted; that is a fact, and I don't deny it. Slaves were brought here as early as 1720, and were kept here in spite of the ordinance of 1787 against it. But slavery did not thrive here. On the contrary, under the influence of the ordinance, the number decreased fifty-one from 1810 to 1820; while under the influence of squatter sovereignty, right across the river in Missouri, they increased seven thousand two hundred and eleven in the same time; and slavery finally faded out in Illinois, under the influence of the law of freedom, while it grew stronger and stronger in Missouri, under the law or practice of "popular sovereignty." In point of fact there were but one hundred and seventeen slaves in Illinois one year after its admission, or one to every four hundred and seventy of its population; or, to state it in another way, if Illinois was a slave State in 1820, so were New York and New Jersey much greater slave States from having had greater numbers, slavery having been established there in very early times. But there is this vital difference between all these States and the judge's Kansas experiment: that they sought to disestablish slavery which had been already established, while the judge seeks, so far as he can, to disestablish freedom, which had been established there by the Missouri Compromise. [Voices: "Good!"]
The Union is undergoing a fearful strain; but it is a stout old ship, and has weathered many a hard blow, and "the stars in their courses," aye, an invisible power, greater than the puny efforts of men, will fight for us. But we ourselves must not decline the burden of responsibility, nor take counsel of unworthy passions. Whatever duty urges us to do or to omit, must be done or omitted; and the recklessness with which our adversaries break the laws, or counsel their violation, should afford no example for us. Therefore, let us revere the Declaration of Independence; let us continue to obey the Constitution and the laws; let us keep step to the music of the Union. Let us draw a cordon, so to speak, around the slave States, and the hateful institution, like a reptile poisoning itself, will perish by its own infamy. [Applause.]
But we cannot be free men if this is, by our national choice, to be a land of slavery. Those who deny freedom to others, deserve it not for themselves; and, under the rule of a just God, cannot long retain it. [Loud applause.]
Did you ever, my friends, seriously reflect upon the speed with which we are tending downward? Within the memory of men now present the leading statesmen of Virginia could make genuine, red-hot abolitionist speeches in old Virginia; and, as I have said, now even in "free Kansas" it is a crime to declare that it is "free Kansas." The very sentiments that I and others have just uttered would entitle us, and each of us, to the ignominy and seclusion of a dungeon; and yet I suppose that, like Paul, we were "free born." But if this thing is allowed to continue, it will be but one step further to impress the same rule in Illinois. [Sensation.]
The conclusion of all is, that we must restore the Missouri Compromise. We must highly resolve that Kansas must be free! [Great applause.] We must reinstate the birthday promise of the Republic; we must reaffirm the Declaration of Independence; we must make good in essence as well as in form Madison's vowal that "the word slave ought not to appear in the Constitution;" and we must even go further, and decree that only local law, and not that time-honoured instrument, shall shelter a slave-holder. We must make this a land of liberty in fact, as it is in name. But in seeking to attain these results—so indispensable if the liberty which is our pride and boast shall endure—we will be loyal to the Constitution and to the "flag of our Union," and no matter what our grievance—even though Kansas shall come in as a slave State; and no matter what theirs—even if we shall restore the Compromise—WE WILL SAY TO THE SOUTHERN DISUNIONISTS, WE WON'T GO OUT OF THE UNION, AND YOU SHAN'T!!! [This was the climax; the audience rose to its feet en masse, applauded, stamped, waved handkerchiefs, threw hats in the air, and ran riot for several minutes. The arch-enchanter who wrought this transformation looked, meanwhile, like the personification of political justice.]
But let us, meanwhile, appeal to the sense and patriotism of the people, and not to their prejudices; let us spread the floods of enthusiasm here aroused all over these vast prairies, so suggestive of freedom. Let us commence by electing the gallant soldier Governor (Colonel) Bissell who stood for the honour of our State alike on the plains and amidst the chaparral of Mexico and on the floor of Congress, while he defied the Southern Hotspur; and that will have a greater moral effect than all the border ruffians can accomplish in all their raids on Kansas. There is both a power and a magic in popular opinion. To that let us now appeal; and while, in all probability, no resort to force will be needed, our moderation and forbearance will stand us in good stead when, if ever, WE MUST MAKE AN APPEAL TO BATTLE AND TO THE GOD OF HOSTS!! [Immense applause and a rush for the orator.]
This speech has been called Lincoln's "Lost Speech," because all the reporters present were so carried away by his eloquence that they one and all forgot to take any notes. If it had not been for a young lawyer, a Mr. H.C. Whitney, who kept his head sufficiently to take notes, we would have no record of it. Mr. Whitney wrote out the speech for McClure's Magazine in 1896. It was submitted to several people who were present at the Bloomington Convention, and they said it was remarkably accurate considering that it was not taken down stenographically.
... And now as to the Dred Scott decision. That decision declares two propositions,—first, that a negro cannot sue in the United States courts; and secondly, that Congress cannot prohibit slavery in the Territories. It was made by a divided court,—dividing differently on the different points. Judge Douglas does not discuss the merits of the decision, and in that respect I shall follow his example, believing I could no more improve on McLean and Curtis than he could on Taney.
He denounces all who question the correctness of that decision, as offering violent resistance to it. But who resists it? Who has, in spite of the decision, declared Dred Scott free, and resisted the authority of his master over him?
Judicial decisions have two uses: first, to absolutely determine the case decided; and secondly, to indicate to the public how other similar cases will be decided when they arise. For the latter use, they are called "precedents" and "authorities."
We believe as much as Judge Douglas (perhaps more) in obedience to and respect for the judicial department of government. We think its decisions on constitutional questions, when fully settled, should control not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Constitution, as provided in that instrument itself. More than this would be revolution. But we think the Dred Scott decision is erroneous. We know the court that made it has often overruled its own decisions, and we shall do what we can to have it overrule this. We offer no resistance to it.
Judicial decisions are of greater or less authority as precedents according to circumstances. That this should be so, accords both with common-sense and the customary understanding of the legal profession.
If this important decision had been made by the unanimous concurrence of the judges, and without any apparent partisan bias, and in accordance with legal public expectation, and with the steady practice of the departments throughout our history, and had been in no part based on assumed historical facts, which are not really true; or if wanting in some of these, it had been before the court more than once, and had there been affirmed and reaffirmed through a course of years,—it then might be, perhaps would be factious, nay, even revolutionary, not to acquiesce in it as a precedent.
But when, as is true, we find it wanting in all these claims to the public confidence, it is not resistance, it is not factious, it is not even disrespectful to treat it as not having yet quite established a settled doctrine for the country.
I have said in substance, that the Dred Scott decision was in part based on assumed historical facts which were not really true, and I ought not to leave the subject without giving some reasons for saying this, I therefore give an instance or two, which I think fully sustain me. Chief Justice Taney, in delivering the opinion of the majority of the court, insists at great length that negroes were no part of the people who made, or for whom was made, the Declaration of Independence, or the Constitution of the United States.
On the contrary, Judge Curtis, in his dissenting opinion, shows that in five of the then thirteen States—to wit, New Hampshire, Massachusetts, New York, New Jersey, and North Carolina—free negroes were voters, and in proportion to their numbers had the same part in making the Constitution that the white people had. He shows this with so much particularity as to leave no doubt of its truth; and as a sort of conclusion on that point, holds the following language:
"The Constitution was ordained and established by the people of the United States, through the action, in each State, of those persons who were qualified by its laws to act thereon in behalf of themselves and all other citizens of the State. In some of the States, as we have seen, coloured persons were among those qualified by law to act on the subject. These coloured persons were not only included in the body of 'the people of the United States' by whom the Constitution was ordained and established; but in at least five of the States they had the power to act, and doubtless did act, by their suffrages, upon the question of its adoption."
Again, Chief Justice Taney says:
"It is difficult at this day to realize the state of public opinion, in relation to that unfortunate race, which prevailed in the civilized and enlightened portions of the world at the time of the Declaration of Independence, and when the Constitution of the United States was framed and adopted."
And again, after quoting from the Declaration, he says:
"The general words above quoted would seem to include the whole human family, and if they were used in a similar instrument at this day, would be so understood."
In these the Chief Justice does not directly assert, but plainly assumes as a fact, that the public estimate of the black man is more favourable now than it was in the days of the Revolution. This assumption is a mistake. In some trifling particulars the condition of that race has been ameliorated; but as a whole, in this country, the change between then and now is decidedly the other way; and their ultimate destiny has never appeared so hopeless as in the last three or four years. In two of the five States—New Jersey and North Carolina—that then gave the free negro the right of voting, the right has since been taken away; and in a third—New York—it has been greatly abridged: while it has not been extended, so far as I know, to a single additional State, though the number of the States has more than doubled. In those days, as I understand, masters could, at their own pleasure, emancipate their slaves; but since then such legal restraints have been made upon emancipation as to amount almost to prohibition. In those days legislatures held the unquestioned power to abolish slavery in their respective States; but now it is becoming quite fashionable for State constitutions to withhold that power from the legislatures. In those days, by common consent, the spread of the black man's bondage to the new countries was prohibited; but now Congress decides that it will not continue the prohibition, and the Supreme Court decides that it could not if it would. In those days our Declaration of Independence was held sacred by all, and thought to include all; but now, to aid in making the bondage of the negro universal and eternal, it is assailed and sneered at, and construed, and hawked at, and torn, till, if its framers could rise from their graves, they could not at all recognize it. All the powers of earth seem rapidly combining against him. Mammon is after him; ambition follows, philosophy follows, and the theology of the day is fast joining in the cry. They have him in his prison-house; they have searched his person, and left no prying instrument with him. One after another they have closed the heavy iron doors upon him; and now they have him, as it were, bolted in with a lock of a hundred keys, which can never be unlocked without the concurrence of every key; the keys in the hands of a hundred different men, and they scattered to a hundred different and distant places; and they stand musing as to what invention, in all the dominions of mind and matter, can be produced to make the impossibility of escape more complete than it is. It is grossly incorrect to say or assume that the public estimate of the negro is more favourable now than it was at the origin of the government.
... There is a natural disgust in the minds of nearly all white people at the idea of an indiscriminate amalgamation of the white and black races; and Judge Douglas evidently is basing his chief hope upon the chances of his being able to appropriate the benefit of this disgust to himself. If he can, by much drumming and repeating, fasten the odium of that idea upon his adversaries, he thinks he can struggle through the storm. He therefore clings to this hope as a drowning man to the last plank. He makes an occasion for lugging it in from the opposition to the Dred Scott decision. He finds the Republicans insisting that the Declaration of Independence includes all men, black as well as white; and forthwith he boldly denies that it includes negroes at all, and proceeds to argue gravely that all who contend it does, do so only because they want to vote, and eat, and sleep, and marry with negroes! He will have it that they cannot be consistent else. Now I protest against the counterfeit logic which concludes that because I do not want a black woman for a slave, I must necessarily want her for a wife. I need not have her for either. I can just leave her alone. In some respects she certainly is not my equal; but in her natural right to eat the bread she earns with her own hands without asking leave of any one else, she is my equal, and the equal of all others.
Chief Justice Taney, in his opinion in the Dred Scott case, admits that the language of the Declaration is broad enough to include the whole human family; but he and Judge Douglas argue that the authors of that instrument did not intend to include negroes, by the fact that they did not at once actually place them on an equality with the whites. Now this grave argument comes to just nothing at all, by the other fact that they did not at once, nor ever afterward, actually place all white people on an equality with one another. And this is the staple argument of both the Chief Justice and the senator, for doing this obvious violence to the plain, unmistakable language of the Declaration.
I think the authors of that notable instrument intended to include all men, but they did not intend to declare all men equal in all respects. They did not mean to say that all were equal in colour, size, intellect, moral developments, or social capacity. They defined with tolerable distinctness in what respects they did consider all men created equal,—equal with "certain inalienable rights, among which are life, liberty, and the pursuit of happiness." This they said, and this they meant. They did not mean to assert the obvious untruth that all were then actually enjoying that equality, nor yet that they were about to confer it immediately upon them. In fact, they had no power to confer such a boon. They meant simply to declare the right, so that the enforcement of it might follow as fast as circumstances should permit.
They meant to set up a standard maxim for free society, which should be familiar to all and revered by all,—constantly looked to, constantly laboured for, and, even though never perfectly attained, constantly approximated, and thereby constantly spreading and deepening its influence, and augmenting the happiness and value of life to all people of all colours everywhere. The assertion that "all men are created equal," was of no practical use in effecting our separation from Great Britain; and it was placed in the Declaration, not for that, but for future use. Its authors meant it to be as, thank God, it is now proving itself, a stumbling-block to all those who in after times might seek to turn a free people back into the hateful paths of despotism. They knew the proneness of prosperity to breed tyrants, and they meant, when such should reappear in this fair land and commence their vocation, that they should find left for them at least one hard nut to crack.
I have now briefly expressed my view of the meaning and object of that part of the Declaration of Independence which declares that all men are created equal. Now let us hear Judge Douglas's view of the same subject, as I find it in the printed report of his late speech. Here it is:
"No man can vindicate the character, motives and conduct of the signers of the Declaration of Independence except upon the hypothesis that they referred to the white race alone, and not to the African, when they declared all men to have been created equal; that they were speaking of British subjects on this continent being equal to British subjects born and residing in Great Britain; that they were entitled to the same inalienable rights, and among them were enumerated life, liberty, and the pursuit of happiness. The Declaration was adopted for the purpose of justifying the colonists in the eyes of the civilized world in withdrawing their allegiance from the British crown, and dissolving their connection with the mother-country."
My good friends, read that carefully over some leisure hour, and ponder well upon it; see what a mere wreck and mangled ruin Judge Douglas makes of our once glorious Declaration. He says "they were speaking of British subjects on this continent being equal to British subjects born and residing in Great Britain!" Why, according to this, not only negroes but white people outside of Great Britain and America were not spoken of in that instrument. The English, Irish, and Scotch, along with white Americans, were included, to be sure; but the French, Germans, and other white people of the world are all gone to pot along with the Judge's inferior races!
I had thought that the Declaration promised something better than the condition of British subjects; but no, it only meant that we should be equal to them in their own oppressed and unequal condition. According to that, it gave no promise that, having kicked off the king and lords of Great Britain, we should not at once be saddled with a king and lords of our own.
I had thought the Declaration contemplated the progressive improvement in the condition of all men, everywhere; but no, it merely "was adopted for the purpose of justifying the colonists in the eyes of the civilized world in withdrawing their allegiance from the British crown, and dissolving their connection with the mother-country." Why, that object having been effected some eighty years ago, the Declaration is of no practical use now—mere rubbish—old wadding, left to rot on the battle-field after the victory is won.
I understand you are preparing to celebrate the "Fourth," to-morrow week. What for? The doings of that day had no reference to the present; and quite half of you are not even descendants of those who were referred to at that day. But I suppose you will celebrate, and will even go so far as to read the Declaration. Suppose, after you read it once in the old-fashioned way, you read it once more with Judge Douglas's version. It will then run thus: "We told these truths to be self-evident, that all British subjects who were on this continent eighty-one years ago, were created equal to all British subjects born and then residing in Great Britain!"
... The very Dred Scott case affords a strong test as to which party most favours amalgamation, the Republicans or the dear Union-saving Democracy. Dred Scott, his wife and two daughters, were all involved in the suit. We desired the court to have held that they were citizens, so far at least as to entitle them to a hearing as to whether they were free or not; and then also, that they were in fact and in law really free. Could we have had our way, the chances of these black girls ever mixing their blood with that of white people would have been diminished at least to the extent that it could not have been without their consent. But Judge Douglas is delighted to have them decided to be slaves, and not human enough to have a hearing, even if they were free, and thus left subject to the forced concubinage of their masters, and liable to become the mothers of mulattoes in spite of themselves,—the very state of the case that produces nine-tenths of all the mulattoes, all the mixing of the blood of the nation.
If we could first know where we are, and whither we are tending, we could better judge what to do, and how to do it. We are now far into the fifth year since a policy was initiated with the avowed object and confident promise of putting an end to slavery agitation. Under the operation of that policy, that agitation has not only not ceased, but has constantly augmented. In my opinion it will not cease until a crisis shall have been reached and passed. "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 the 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. Let him consider not only what work the machinery is adapted to do, and how well adapted; but also let him study the history of its construction, and trace, if he can, or rather fail, if he can, to trace the evidences of design and concert of action among its chief architects from the beginning.
The new year of 1854 found slavery excluded from more than half the States by State constitutions, and from most of the national territory by congressional prohibition. Four days later commenced the struggle which ended in repealing that congressional prohibition. This opened all the national territory to slavery, and was the first point gained.
But so far, Congress only had acted; and an indorsement by the people, real or apparent, was indispensable to save the point already gained and give chance for more.
This necessity had not been overlooked, but had been provided for, as well as might be, 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. That argument was incorporated into the Nebraska bill itself, in the language which follows: "It being the true intent and meaning of this act, not to legislate slavery into any Territory or State, nor to exclude it therefrom; but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States." Then opened the roar of loose declamation in favour of Squatter Sovereignty and sacred right of self-government. "But," said opposition members, "let us amend the bill so as to expressly declare that the people of the Territory may exclude slavery." "Not we," said the friends of the measure, and down they voted the amendment.
While the Nebraska bill was passing through Congress, a law case, involving the question of a negro's freedom, by reason of his owner having voluntarily taken him first into a free State and then into a Territory covered by the congressional prohibition, and held him as a slave for a long time in each, was passing through the United States 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," which name now designates the decision finally rendered in the case. Before the then next presidential election, the law case came to, and was argued, in the Supreme Court of the United States; but the decision of it was deferred until after the election. Still, before the election, Senator Trumbull, on the floor of the Senate, requested the leading advocate of the Nebraska bill to state his opinion whether the people of a Territory can constitutionally exclude slavery from their limits, and the latter answers: "That is a question for the Supreme Court."
The election came. Mr. Buchanan was elected, and the indorsement, such as it was, secured. That was the second point gained. The indorsement, however, fell short of a clear popular majority by nearly four hundred thousand votes, and so, perhaps, was not overwhelmingly reliable and satisfactory. The outgoing President, in his last annual message, as impressively as possible echoed back upon the people the weight and authority of the indorsement. The Supreme Court met again; did not announce their decision, but ordered a reargument. The presidential inauguration came, and still no decision of the Court; but the incoming President in his inaugural address fervently exhorted the people to abide by the forthcoming decision, whatever it might be. Then, in a few days, came the decision.
The reputed author of the Nebraska bill finds an early occasion to make a speech at this capitol, indorsing the Dred Scott decision, and vehemently denouncing all opposition to it. The new President, too, seizes the early occasion of the Silliman letter to indorse and strongly construe that decision, and to express his astonishment that any different view had ever been entertained!
At length a squabble springs up between the President and the author of the Nebraska bill, on the mere question of fact whether the Lecompton constitution was, or was not, in any just sense, made by the people of Kansas; and in that quarrel, the latter declares that all he wants is a fair vote for the people, and that he cares not whether slavery be voted down or voted up. I do not understand his declaration that he cares not whether slavery be voted down or voted up, to be intended by him other than as an apt definition of the policy he would impress upon the public mind,—the principle for which he declares he has suffered so much, and is ready to suffer to the end. And well may he cling to that principle. If he has any parental feeling, well may he cling to it. That principle is the only shred left of his original Nebraska doctrine. Under the Dred Scott decision, "squatter sovereignty" squatted out of existence, tumbled down like temporary scaffolding; like the mould at the foundry, it served through one blast, and fell back into loose sand,—helped to carry an election, and then was kicked to the winds. His late joint struggle with the Republicans against the Lecompton constitution, involves nothing of the original Nebraska doctrine. That struggle was made on a point—the right of the people to make their own constitution—upon which he and the Republicans have never differed.
The several points of the Dred Scott decision in connection with Senator Douglas's "care not" policy, constitute the piece of machinery in its present state of advancement. This was the third point gained. The working points of that machinery are:
First. That no negro slave, imported as such from Africa, and no descendant of such slave, can ever be a citizen of any State, in the sense of that term as used in the Constitution of the United States. This point is made in order to deprive the negro, in every possible event, of the benefit of that provision of the United States Constitution which declares that "citizens of each State shall be entitled to all privileges and immunities of citizens in the several States."
Secondly. That "subject to the Constitution of the United States," neither Congress nor a territorial legislature can exclude slavery from any United States Territory. This point is made in order that individual men may fill up the Territories with slaves, without danger of losing them as property, and thus enhance the chances of permanency to the institution through all the future.
Thirdly. 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; but if acquiesced in for a while, and apparently indorsed by the people at an election, then to sustain the logical conclusion that what Dred Scott's master might lawfully do with Dred Scott in the free State of Illinois, every other master may lawfully do, with any other one, or one thousand slaves in Illinois, or in any other free State.
Auxiliary to all this, and working hand-in-hand with it, the Nebraska doctrine, or what is left of it, is to educate and mould public opinion not to care whether slavery is voted down or voted up. This shows exactly where we now are, and partially, also, whither we are tending.
It will throw additional light on the latter, to go back, and run the mind over the string of historical facts already stated. Several things will now appear less dark and mysterious than they did when they were transpiring. The people were to be left "perfectly free," "subject only to the Constitution." What the Constitution had to do with it, outsiders could not then see. Plainly enough now: it was an exactly fitted niche for the Dred Scott decision to afterwards come in, and declare the perfect freedom of the people to be just no freedom at all. Why was the amendment expressly declaring the right of the people voted down? Plainly enough now: the adoption of it would have spoiled the niche for the Dred Scott decision. Why was the Court decision held up? Why even a Senator's individual opinion withheld till after the presidential election? Plainly enough now: the speaking out then would have damaged the perfectly free argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a reargument? Why the incoming President's advance exhortation in favour of the decision? These things look like the cautious patting and petting of a spirited horse, preparatory to mounting him, when it is dreaded that he may give the rider a fall. And why the hasty after-indorsement of the decision by the President and others?
We cannot absolutely know that all these adaptations are the result of preconcert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places, and by different workmen—Stephen, Franklin, Roger, and James, for instance (Douglas, Pierce, Taney, Buchanan),—and when we see those timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mortices exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few, not omitting even scaffolding—or if a single piece be lacking, we see the place in the frame exactly fitted and prepared yet to bring such piece in,—in such a case, we find it impossible not to believe that Stephen and Franklin and Roger and James all understood one another from the beginning, and all worked upon a common plan or draft, drawn up before the first blow was struck.
It should not be overlooked that by the Nebraska bill the people of a State as well as Territory were to be left "perfectly free," "subject only to the Constitution." Why mention a State? They were legislating for Territories, and not for or about States. Certainly the people of a State are and ought to be subject to the Constitution of the United States; but why is mention of this lugged into this merely territorial law? Why are the people of a Territory and the people of a State therein lumped together, and their relation to the Constitution therein treated as being precisely the same? While the opinion of the Court by Chief Justice Taney, in the Dred Scott case, and the separate opinions of all the concurring judges, expressly declare that the Constitution of the United States neither permits Congress nor a territorial legislature to exclude slavery from any United States Territory, they all omit to declare whether or not the same Constitution permits a State or the people of a State to exclude it. Possibly this is a mere omission; but who can be quite sure if McLean or Curtis had sought to get into the opinion a declaration of unlimited power in the people of a State to exclude slavery from their limits,—just as Chase and Mace sought to get such declaration in behalf of the people of a Territory, into the Nebraska Bill,—I ask, who can be quite sure that it would not have been voted down in the one case as it had been in the other? 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 State is so restrained by the United States 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 this 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. To meet and overthrow the power of that dynasty is the work now before all those who would prevent that consummation. That is what we have to do. How can we best do it?
There are those who denounce us openly to their own friends, and yet whisper to us softly that Senator Douglas is the aptest instrument there is with which to effect that object. They wish us to infer all from the fact that he now has a little quarrel with the present head of that dynasty, and that he has regularly voted with us on a single point, upon which he and we have never differed. They remind us that he is a great man and that the largest of us are very small ones. Let this be granted. But "a living dog is better than a dead lion." Judge Douglas, if not a dead lion, for this work is at least a caged and toothless one. How can he oppose the advances of slavery? He don't care anything about it. His avowed mission is impressing the "public heart" to care nothing about it. A leading Douglas Democratic newspaper thinks Douglas's superior talent will be needed to resist the revival of the African slave-trade. Does Douglas believe an effort to revive that trade is approaching? He has not said so. Does he really think so? But if it is, how can he resist it? For years he has laboured to prove it a sacred right of white men to take negro slaves into the new territories. Can he possibly show that it is a less sacred right to buy them where they can be bought cheapest? And unquestionably they can be bought cheaper in Africa than in Virginia. He has done all in his power to reduce the whole question of slavery to one of a mere right of property: and, as such, how can he oppose the foreign slave-trade?—how can he refuse that trade in that property shall be "perfectly free," unless he does it as a protection to home production? And as the home producers will probably not ask the protection, he will be wholly without a ground of opposition.
Senator Douglas holds, we know, that a man may rightfully be wiser to-day than he was yesterday—that he may rightfully change when he finds himself wrong. But can we, for that reason, run ahead, and infer that he will make any particular change, of which he himself has given no intimation? Can we safely base our action upon any such vague inference?
Now, as ever, I wish not to misrepresent Judge Douglas's position, question his motives, or do aught that can be personally offensive to him. Whenever, if ever, he and we can come together on principle, so that our cause may have assistance from his great ability, I hope to have interposed no adventitious obstacle. But, clearly, he is not now with us—he does not pretend to be—he does not promise ever to be.
Our cause, then, must be intrusted to, and conducted by, its own undoubted friends—those whose hands are free, whose hearts are in the work, who do care for the result. Two years ago the Republicans of the nation mustered over thirteen hundred thousand strong. We did this under the single impulse of resistance to a common danger, with every external circumstance against us. Of strange, discordant, and even hostile elements, we gathered from the four winds, and formed and fought the battle through, under the constant hot fire of a disciplined, proud, and pampered enemy. Did we brave all then to falter now?—now, when that same enemy is wavering, dissevered, and belligerent? The result is not doubtful. We shall not fail. If we stand firm, we shall not fail. Wise counsels may accelerate or mistakes delay it; but sooner or later the victory is sure to come.