Legislation and adjudication must follow and conform to the progress of society.
The progress of society now begins to produce cases of the transfer for debts of the entire property of railroad corporations; and to enable transferees to use and enjoy the transferred property, legislation and adjudication begin to be necessary.
Shall this class of legislation just now beginning with us be general or special?
Special legislation always trenches upon the judicial department; and in so far violates Section Two of the Constitution. (Read it.)
Just reasoning—policy—is in favor of general legislation—else the Legislature will be loaded down with the investigation of smaller cases—a work which the courts ought to perform, and can perform much more perfectly. How can the Legislature rightly decide the facts between P. & B. and S.C.
It is said that under a general law, whenever a R. R. Co. gets tired of its debts, it may transfer fraudulently to get rid of them. So they may—so may individuals; and which—the Legislature or the courts—is best suited to try the question of fraud in either case?
It is said, if a purchaser have acquired legal rights, let him not be robbed of them, but if he needs legislation let him submit to just terms to obtain it.
Let him, say we, have general law in advance (guarded in every possible way against fraud), so that, when he acquires a legal right, he will have no occasion to wait for additional legislation; and if he has practiced fraud let the courts so decide.
The 11th Section of the Act of Congress, approved Feb. 11, 1805, prescribing rules for the subdivision of sections of land within the United States system of surveys, standing unrepealed, in my opinion, is binding on the respective purchasers of different parts of the same section, and furnishes the true rule for surveyors in establishing lines between them. That law, being in force at the time each became a purchaser, becomes a condition of the purchase.
And, by that law, I think the true rule for dividing into quarters any interior section or sections, which is not fractional, is to run straight lines through the section from the opposite quarter section corners, fixing the point where such straight lines cross, or intersect each other, as the middle or centre of the section.
Nearly, perhaps quite, all the original surveys are to some extent erroneous, and in some of the sections, greatly so. In each of the latter, it is obvious that a more equitable mode of division than the above might be adopted; but as error is infinitely various perhaps no better single rules can be prescribed.
At all events I think the above has been prescribed by the competent authority.
SPRINGFIELD, Jany. 6, 1859.
A. LINCOLN.
M. W. DELAHAY, Esq.
MY DEAR SIR: Your second letter in relation to my being with you at your Republican convention was duly received. It is not at hand just now, but I have the impression from it that the convention was to be at Leavenworth; but day before yesterday a friend handed me a letter from Judge M. F. Caraway, in which he also expresses a wish for me to come, and he fixes the place at Ossawatomie. This I believe is off of the river, and will require more time and labor to get to it. It will push me hard to get there without injury to my own business; but I shall try to do it, though I am not yet quite certain I shall succeed.
I should like to know before coming, that while some of you wish me to come, there may not be others who would quite as lief I would stay away. Write me again.
Yours as ever,
A. LINCOLN.
W. M. MORRIS, Esq.
DEAR SIR:—Your kind note inviting me to deliver a lecture at Galesburg is received. I regret to say I cannot do so now; I must stick to the courts awhile. I read a sort of lecture to three different audiences during the last month and this; but I did so under circumstances which made it a waste of no time whatever.
Yours very truly,
GENTLEMEN:—Your kind note inviting me to attend a festival in Boston, on the 28th instant, in honor of the birthday of Thomas Jefferson, was duly received. My engagements are such that I cannot attend.
Bearing in mind that about seventy years ago two great political parties were first formed in this country, that Thomas Jefferson was the head of one of them and Boston the headquarters of the other, it is both curious and interesting that those supposed to descend politically from the party opposed to Jefferson should now be celebrating his birthday in their own original seat of empire, while those claiming political descent from him have nearly ceased to breathe his name everywhere.
Remembering, too, that the Jefferson party was formed upon its supposed superior devotion to the personal rights of men, holding the rights of property to be secondary only, and greatly inferior, and assuming that the so-called Democracy of to-day are the Jefferson, and their opponents the anti-Jefferson, party, it will be equally interesting to note how completely the two have changed hands as to the principle upon which they were originally supposed to be divided. The Democracy of to-day hold the liberty of one man to be absolutely nothing, when in conflict with another man's right of property; Republicans, on the contrary, are for both the man and the dollar, but in case of conflict the man before the dollar.
I remember being once much amused at seeing two partially intoxicated men engaged in a fight with their great-coats on, which fight, after a long and rather harmless contest, ended in each having fought himself out of his own coat and into that of the other. If the two leading parties of this day are really identical with the two in the days of Jefferson and Adams, they have performed the same feat as the two drunken men.
But soberly, it is now no child's play to save the principles of Jefferson from total overthrow in this nation. One would state with great confidence that he could convince any sane child that the simpler propositions of Euclid are true; but nevertheless he would fail, utterly, with one who should deny the definitions and axioms. The principles of Jefferson are the definitions and axioms of free society. And yet they are denied and evaded, with no small show of success. One dashingly calls them "glittering generalities." Another bluntly calls them "self-evident lies." And others insidiously argue that they apply to "superior races." These expressions, differing in form, are identical in object and effect—the supplanting the principles of free government, and restoring those of classification, caste, and legitimacy. They would delight a convocation of crowned heads plotting against the people. They are the vanguard, the miners and sappers, of returning despotism. We must repulse them, or they will subjugate us. This is a world of compensation; and he who would be no slave must consent to have no slave. Those who deny freedom to others deserve it not for themselves, and, under a just God, cannot long retain it. All honor to Jefferson to the man who, in the concrete pressure of a struggle for national independence by a single people, had the coolness, forecast, and capacity to introduce into a mere revolutionary document an abstract truth, applicable to all men and all times, and so to embalm it there that to-day and in all coming days it shall be a rebuke and a stumbling-block to the very harbingers of reappearing tyranny and oppression.
Your obedient servant,
A. LINCOLN.
DR. THEODORE CANISIUS.
DEAR SIR:—Your note asking, in behalf of yourself and other German citizens, whether I am for or against the constitutional provision in regard to naturalized citizens, lately adopted by Massachusetts, and whether I am for or against a fusion of the Republicans and other opposition elements for the canvass of 1860, is received.
Massachusetts is a sovereign and independent State; and it is no privilege of mine to scold her for what she does. Still, if from what she has done an inference is sought to be drawn as to what I would do, I may without impropriety speak out. I say, then, that, as I understand the Massachusetts provision, I am against its adoption in Illinois, or in any other place where I have a right to oppose it. Understanding the spirit of our institutions to aim at the elevation of men, I am opposed to whatever tends to degrade them. I have some little notoriety for commiserating the oppressed negro; and I should be strangely inconsistent if I could favor any project for curtailing the existing rights of white men, even though born in different lands, and speaking different languages from myself. As to the matter of fusion, I am for it if it can be had on Republican grounds; and I am not for it on any other terms. A fusion on any other terms would be as foolish as unprincipled. It would lose the whole North, while the common enemy would still carry the whole South. The question of men is a different one. There are good, patriotic men and able statesmen in the South whom I would cheerfully support, if they would now place themselves on Republican ground, but I am against letting down the Republican standard a hairsbreadth.
I have written this hastily, but I believe it answers your questions substantially.
Yours truly,
A. LINCOLN.
In reply to your inquiry; requesting our written opinion as to what your duty requires you to do in executing the latter clause of the Seventh Section of "An Act in relation to the payment of the principal and interest of the State debt," approved Feb'y 22, 1859, we reply that said last clause of said section is certainly indefinite, general, and ambiguous in its description of the bonds to be issued by you; giving no time at which the bonds are to be made payable, no place at which either principal or interest are to be paid, and no rate of interest which the bonds are to bear; nor any other description except that they are to be coupon bonds, which in commercial usage means interest-paying bonds with obligations or orders attached to them for the payment of annual or semiannual interest; there is we suppose no difficulty in ascertaining, if this act stood alone, what ought to be the construction of the terms "coupon bonds" and that it, would mean bonds bearing interest from the time of issuing the same. And under this act considered by itself the creditors would have a right to require such bonds. But your inquiry in regard to a class of bonds on which no interest is to be paid or shall begin to run until January 1, 1860, is whether the Act of February 18, 1857, would not authorize you to refuse to give bonds with any coupons attached payable before the first day of July, 1860. We have very maturely considered this question and have arrived at the conclusion that you have a right to use such measures as will secure the State against the loss of six months' interest on these bonds by the indefiniteness of the Act of 1859. While it cannot be denied that the letter of the laws favor the construction claimed by some of the creditors that interest-bearing bonds were required to be issued to them, inasmuch as the restriction that no interest is to run on said bonds until 1st January, 1860, relates solely to the bonds issued under the Act of 1857. And the Act of 1859 directing you to issue new bonds does not contain this restriction, but directs you to issue coupon bonds. Nevertheless the very indefiniteness and generality of the Act of 1859, giving no rate of interest, no time due, no place of payment, no postponement of the time when interest commences, necessarily implies that the Legislature intended to invest you with a discretion to impose such terms and restrictions as would protect the interest of the State; and we think you have a right and that it is your duty to see that the State Bonds are so issued that the State shall not lose six months' interest. Two plans present themselves either of which will secure the State. 1st. If in literal compliance with the law you issue bonds bearing interest from 1st July, 1859, you may deduct from the bonds presented three thousand from every $100,000 of bonds and issue $97,000 of coupon bonds; by this plan $3000 out of $100,000 of principal would be extinguished in consideration of paying $2910 interest on the first of January, 1860—and the interest on the $3000 would forever cease; this would be no doubt most advantageous to the State. But if the Auditor will not consent to this, then, 2nd. Cut off of each bond all the coupons payable before 1st July, 1860.
One of these plans would undoubtedly have been prescribed by the Legislature if its attention had been directed to this question.
May 28, 1859.
SPRINGFIELD, December 25, 1858.
H. C. WHITNEY, ESQ.
MY DEAR SIR:—I have just received yours of the 23rd inquiring whether I received the newspapers you sent me by express. I did receive them, and am very much obliged. There is some probability that my scrap-book will be reprinted, and if it shall, I will save you a copy.
Your friend as ever,
A. LINCOLN.
HON. SAMUEL GALLOWAY.
MY DEAR SIR:—Your very complimentary, not to say flattering, letter of the 23d inst. is received. Dr. Reynolds had induced me to expect you here; and I was disappointed not a little by your failure to come. And yet I fear you have formed an estimate of me which can scarcely be sustained on a personal acquaintance.
Two things done by the Ohio Republican convention—the repudiation of Judge Swan, and the "plank" for a repeal of the Fugitive Slave Law—I very much regretted. These two things are of a piece; and they are viewed by many good men, sincerely opposed to slavery, as a struggle against, and in disregard of, the Constitution itself. And it is the very thing that will greatly endanger our cause, if it be not kept out of our national convention. There is another thing our friends are doing which gives me some uneasiness. It is their leaning toward "popular sovereignty." There are three substantial objections to this: First, no party can command respect which sustains this year what it opposed last. Secondly, Douglas (who is the most dangerous enemy of liberty, because the most insidious one) would have little support in the North, and by consequence, no capital to trade on in the South, if it were not for his friends thus magnifying him and his humbug. But lastly, and chiefly, Douglas's popular sovereignty, accepted by the public mind as a just principle, nationalizes slavery, and revives the African slave trade inevitably.
Taking slaves into new Territories, and buying slaves in Africa, are identical things, identical rights or identical wrongs, and the argument which establishes one will establish the other. Try a thousand years for a sound reason why Congress shall not hinder the people of Kansas from having slaves, and, when you have found it, it will be an equally good one why Congress should not hinder the people of Georgia from importing slaves from Africa.
As to Governor Chase, I have a kind side for him. He was one of the few distinguished men of the nation who gave us, in Illinois, their sympathy last year. I never saw him, but suppose him to be able and right-minded; but still he may not be the most suitable as a candidate for the Presidency.
I must say I do not think myself fit for the Presidency. As you propose a correspondence with me, I shall look for your letters anxiously.
I have not met Dr. Reynolds since receiving your letter; but when I shall, I will present your respects as requested.
Yours very truly,
A. LINCOLN.
SPRINGFIELD, ILL. Sept. 6, 1859.
HAWKINS TAYLOR, Esq.
DEAR SIR:—Yours of the 3d is just received. There is some mistake about my expected attendance of the U.S. Court in your city on the 3d Tuesday of this month. I have had no thought of being there.
It is bad to be poor. I shall go to the wall for bread and meat if I neglect my business this year as well as last. It would please me much to see the city and good people of Keokuk, but for this year it is little less than an impossibility. I am constantly receiving invitations which I am compelled to decline. I was pressingly urged to go to Minnesota; and I now have two invitations to go to Ohio. These last are prompted by Douglas going there; and I am really tempted to make a flying trip to Columbus and Cincinnati.
I do hope you will have no serious trouble in Iowa. What thinks Grimes about it? I have not known him to be mistaken about an election in Iowa. Present my respects to Col. Carter, and any other friends, and believe me
Yours truly,
A. LINCOLN.
FELLOW-CITIZENS OF THE STATE OF OHIO: I cannot fail to remember that I appear for the first time before an audience in this now great State,—an audience that is accustomed to hear such speakers as Corwin, and Chase, and Wade, and many other renowned men; and, remembering this, I feel that it will be well for you, as for me, that you should not raise your expectations to that standard to which you would have been justified in raising them had one of these distinguished men appeared before you. You would perhaps be only preparing a disappointment for yourselves, and, as a consequence of your disappointment, mortification to me. I hope, therefore, that you will commence with very moderate expectations; and perhaps, if you will give me your attention, I shall be able to interest you to a moderate degree.
Appearing here for the first time in my life, I have been somewhat embarrassed for a topic by way of introduction to my speech; but I have been relieved from that embarrassment by an introduction which the Ohio Statesman newspaper gave me this morning. In this paper I have read an article, in which, among other statements, I find the following:
"In debating with Senator Douglas during the memorable contest of last fall, Mr. Lincoln declared in favor of negro suffrage, and attempted to defend that vile conception against the Little Giant."
I mention this now, at the opening of my remarks, for the purpose of making three comments upon it. The first I have already announced,—it furnishes me an introductory topic; the second is to show that the gentleman is mistaken; thirdly, to give him an opportunity to correct it.
In the first place, in regard to this matter being a mistake. I have found that it is not entirely safe, when one is misrepresented under his very nose, to allow the misrepresentation to go uncontradicted. I therefore propose, here at the outset, not only to say that this is a misrepresentation, but to show conclusively that it is so; and you will bear with me while I read a couple of extracts from that very "memorable" debate with Judge Douglas last year, to which this newspaper refers. In the first pitched battle which Senator Douglas and myself had, at the town of Ottawa, I used the language which I will now read. Having been previously reading an extract, I continued as follows:
"Now, gentlemen, I don't want to read at any greater length, but this is the true complexion of all I have ever said in regard to the institution of slavery and the black race. This is the whole of it; and anything that argues me into his idea of perfect social and political equality with the negro, is but a specious and fantastic arrangement of words, by which a man can prove a horse-chestnut to be a chestnut horse. I will say here, while upon this subject, that I have no purpose directly or indirectly to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so. I have no purpose to introduce political and social equality between the white and the black races. There is a physical difference between the two which, in my judgment, will probably forbid their ever living together upon the footing of perfect equality; and inasmuch as it becomes a necessity that there must be a difference, I, as well as Judge Douglas, am in favor of the race to which I belong having the superior position. I have never said anything to the contrary, but I hold that, notwithstanding all this, there is no reason in the world why the negro is not entitled to all the natural rights enumerated in the Declaration of Independence,—the right to life, liberty and the pursuit of happiness. I hold that he is as much entitled to these as the white man. I agree with judge Douglas, he is not my equal in many respects,—certainly not in color, perhaps not in moral or intellectual endowments. But in the right to eat the bread, without leave of anybody else, which his own hand earns, he is my equal, and the equal of Judge Douglas, and the equal of every living man."
Upon a subsequent occasion, when the reason for making a statement like this occurred, I said:
"While I was at the hotel to-day an elderly gentleman called upon me to know whether I was really in favor of producing perfect equality between the negroes and white people. While I had not proposed to myself on this occasion to say much on that subject, yet, as the question was asked me, I thought I would occupy perhaps five minutes in saying something in regard to it. I will say, then, that I am not, nor ever have been, in favor of bringing about in any way the social and political equality of the white and black races; that I am not, nor ever have been, in favor of making voters or jurors of negroes, nor of qualifying them to hold office, or intermarry with the white people; and I will say in addition to this that there is a physical difference between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality. And inasmuch as they can not so live, while they do remain together there must be the position of superior and inferior, and I, as much as any other man, am in favor of having the superior position assigned to the white race. I say upon this occasion I do not perceive that because the white man is to have the superior position, the negro should be denied everything. I do not understand that because I do not want a negro woman for a slave, I must necessarily want her for a wife. My understanding is that I can just let her alone. I am now in my fiftieth year, and I certainly never have had a black woman for either a slave or a wife. So it seems to me quite possible for us to get along without making either slaves or wives of negroes. I will add to this that I have never seen, to my knowledge, a man, woman, or child, who was in favor of producing perfect equality, social and political, between negroes and white men. I recollect of but one distinguished instance that I ever heard of so frequently as to be satisfied of its correctness, and that is the case of Judge Douglas's old friend Colonel Richard M. Johnson. I will also add to the remarks I have made (for I am not going to enter at large upon this subject), that I have never had the least apprehension that I or my friends would marry negroes, if there was no law to keep them from it; but as judge Douglas and his friends seem to be in great apprehension that they might, if there were no law to keep them from it, I give him the most solemn pledge that I will to the very last stand by the law of the State which forbids the marrying of white people with negroes."
There, my friends, you have briefly what I have, upon former occasions, said upon this subject to which this newspaper, to the extent of its ability, has drawn the public attention. In it you not only perceive, as a probability, that in that contest I did not at any time say I was in favor of negro suffrage, but the absolute proof that twice—once substantially, and once expressly—I declared against it. Having shown you this, there remains but a word of comment upon that newspaper article. It is this, that I presume the editor of that paper is an honest and truth-loving man, and that he will be greatly obliged to me for furnishing him thus early an opportunity to correct the misrepresentation he has made, before it has run so long that malicious people can call him a liar.
The Giant himself has been here recently. I have seen a brief report of his speech. If it were otherwise unpleasant to me to introduce the subject of the negro as a topic for discussion, I might be somewhat relieved by the fact that he dealt exclusively in that subject while he was here. I shall, therefore, without much hesitation or diffidence, enter upon this subject.
The American people, on the first day of January, 1854, found the African slave trade prohibited by a law of Congress. In a majority of the States of this Union, they found African slavery, or any other sort of slavery, prohibited by State constitutions. They also found a law existing, supposed to be valid, by which slavery was excluded from almost all the territory the United States then owned. This was the condition of the country, with reference to the institution of slavery, on the first of January, 1854. A few days after that, a bill was introduced into Congress, which ran through its regular course in the two branches of the national legislature, and finally passed into a law in the month of May, by which the Act of Congress prohibiting slavery from going into the Territories of the United States was repealed. In connection with the law itself, and, in fact, in the terms of the law, the then existing prohibition was not only repealed, but there was a declaration of a purpose on the part of Congress never thereafter to exercise any power that they might have, real or supposed, to prohibit the extension or spread of slavery. This was a very great change; for the law thus repealed was of more than thirty years' standing. Following rapidly upon the heels of this action of Congress, a decision of the Supreme Court is made, by which it is declared that Congress, if it desires to prohibit the spread of slavery into the Territories, has no constitutional power to do so. Not only so, but that decision lays down principles which, if pushed to their logical conclusion,—I say pushed to their logical conclusion,—would decide that the constitutions of free States, forbidding slavery, are themselves unconstitutional. Mark me, I do not say the judges said this, and let no man say I affirm the judges used these words; but I only say it is my opinion that what they did say, if pressed to its logical conclusion, will inevitably result thus.
Looking at these things, the Republican party, as I understand its principles and policy, believes that there is great danger of the institution of slavery being spread out and extended until it is ultimately made alike lawful in all the States of this Union; so believing, to prevent that incidental and ultimate consummation is the original and chief purpose of the Republican organization. I say "chief purpose" of the Republican organization; for it is certainly true that if the National House shall fall into the hands of the Republicans, they will have to attend to all the other matters of national house-keeping, as well as this. The chief and real purpose of the Republican party is eminently conservative. It proposes nothing save and except to restore this government to its original tone in regard to this element of slavery, and there to maintain it, looking for no further change in reference to it than that which the original framers of the Government themselves expected and looked forward to.
The chief danger to this purpose of the Republican party is not just now the revival of the African slave trade, or the passage of a Congressional slave code, or the declaring of a second Dred Scott decision, making slavery lawful in all the States. These are not pressing us just now. They are not quite ready yet. The authors of these measures know that we are too strong for them; but they will be upon us in due time, and we will be grappling with them hand to hand, if they are not now headed off. They are not now the chief danger to the purpose of the Republican organization; but the most imminent danger that now threatens that purpose is that insidious Douglas popular sovereignty. This is the miner and sapper. While it does not propose to revive the African slave trade, nor to pass a slave code, nor to make a second Dred Scott decision, it is preparing us for the onslaught and charge of these ultimate enemies when they shall be ready to come on, and the word of command for them to advance shall be given. I say this "Douglas popular sovereignty"; for there is a broad distinction, as I now understand it, between that article and a genuine popular sovereignty.
I believe there is a genuine popular sovereignty. I think a definition of "genuine popular sovereignty," in the abstract, would be about this: That each man shall do precisely as he pleases with himself, and with all those things which exclusively concern him. Applied to government, this principle would be, that a general government shall do all those things which pertain to it, and all the local governments shall do precisely as they please in respect to those matters which exclusively concern them. I understand that this government of the United States, under which we live, is based upon this principle; and I am misunderstood if it is supposed that I have any war to make upon that principle.
Now, what is judge Douglas's popular sovereignty? It is, as a principle, no other than that if one man chooses to make a slave of another man neither that other man nor anybody else has a right to object. Applied in government, as he seeks to apply it, it is this: If, in a new Territory into which a few people are beginning to enter for the purpose of making their homes, they choose to either exclude slavery from their limits or to establish it there, however one or the other may affect the persons to be enslaved, or the infinitely greater number of persons who are afterwards to inhabit that Territory, or the other members of the families of communities, of which they are but an incipient member, or the general head of the family of States as parent of all, however their action may affect one or the other of these, there is no power or right to interfere. That is Douglas's popular sovereignty applied.
He has a good deal of trouble with popular sovereignty. His explanations explanatory of explanations explained are interminable. The most lengthy, and, as I suppose, the most maturely considered of this long series of explanations is his great essay in Harper's Magazine. I will not attempt to enter on any very thorough investigation of his argument as there made and presented. I will nevertheless occupy a good portion of your time here in drawing your attention to certain points in it. Such of you as may have read this document will have perceived that the judge early in the document quotes from two persons as belonging to the Republican party, without naming them, but who can readily be recognized as being Governor Seward of New York and myself. It is true that exactly fifteen months ago this day, I believe, I for the first time expressed a sentiment upon this subject, and in such a manner that it should get into print, that the public might see it beyond the circle of my hearers; and my expression of it at that time is the quotation that Judge Douglas makes. He has not made the quotation with accuracy, but justice to him requires me to say that it is sufficiently accurate not to change the sense.
The sense of that quotation condensed is this: that this slavery element is a durable element of discord among us, and that we shall probably not have perfect peace in this country with it until it either masters the free principle in our government, or is so far mastered by the free principle as for the public mind to rest in the belief that it is going to its end. This sentiment, which I now express in this way, was, at no great distance of time, perhaps in different language, and in connection with some collateral ideas, expressed by Governor Seward. Judge Douglas has been so much annoyed by the expression of that sentiment that he has constantly, I believe, in almost all his speeches since it was uttered, been referring to it. I find he alluded to it in his speech here, as well as in the copyright essay. I do not now enter upon this for the purpose of making an elaborate argument to show that we were right in the expression of that sentiment. In other words, I shall not stop to say all that might properly be said upon this point, but I only ask your attention to it for the purpose of making one or two points upon it.
If you will read the copyright essay, you will discover that judge Douglas himself says a controversy between the American Colonies and the Government of Great Britain began on the slavery question in 1699, and continued from that time until the Revolution; and, while he did not say so, we all know that it has continued with more or less violence ever since the Revolution.
Then we need not appeal to history, to the declarations of the framers of the government, but we know from judge Douglas himself that slavery began to be an element of discord among the white people of this country as far back as 1699, or one hundred and sixty years ago, or five generations of men,—counting thirty years to a generation. Now, it would seem to me that it might have occurred to Judge Douglas, or anybody who had turned his attention to these facts, that there was something in the nature of that thing, slavery, somewhat durable for mischief and discord.
There is another point I desire to make in regard to this matter, before I leave it. From the adoption of the Constitution down to 1820 is the precise period of our history when we had comparative peace upon this question,—the precise period of time when we came nearer to having peace about it than any other time of that entire one hundred and sixty years in which he says it began, or of the eighty years of our own Constitution. Then it would be worth our while to stop and examine into the probable reason of our coming nearer to having peace then than at any other time. This was the precise period of time in which our fathers adopted, and during which they followed, a policy restricting the spread of slavery, and the whole Union was acquiescing in it. The whole country looked forward to the ultimate extinction of the institution. It was when a policy had been adopted, and was prevailing, which led all just and right-minded men to suppose that slavery was gradually coming to an end, and that they might be quiet about it, watching it as it expired. I think Judge Douglas might have perceived that too; and whether he did or not, it is worth the attention of fair-minded men, here and elsewhere, to consider whether that is not the truth of the case. If he had looked at these two facts,—that this matter has been an element of discord for one hundred and sixty years among this people, and that the only comparative peace we have had about it was when that policy prevailed in this government which he now wars upon, he might then, perhaps, have been brought to a more just appreciation of what I said fifteen months ago,—that "a house divided against itself cannot stand. I believe that this government cannot endure permanently, half slave and half free. I do not expect the house to fall, I do not expect the Union to dissolve; 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 will rest in the belief that it is in the course of ultimate extinction, or its advocates will push it forward until it shall become alike lawful in all the States, old as well as new, North as well as South." That was my sentiment at that time. In connection with it, I said: "We are now far into the fifth year since a policy was inaugurated with the avowed object and confident promise of putting an end to slavery agitation. Under the operation of the policy that agitation has not only not ceased, but has constantly augmented." I now say to you here that we are advanced still farther into the sixth year since that policy of Judge Douglas—that popular sovereignty of his—for quieting the slavery question was made the national policy. Fifteen months more have been added since I uttered that sentiment; and I call upon you and all other right-minded men to say whether that fifteen months have belied or corroborated my words.
While I am here upon this subject, I cannot but express gratitude that this true view of this element of discord among us—as I believe it is—is attracting more and more attention. I do not believe that Governor Seward uttered that sentiment because I had done so before, but because he reflected upon this subject and saw the truth of it. Nor do I believe because Governor Seward or I uttered it that Mr. Hickman of Pennsylvania, in, different language, since that time, has declared his belief in the utter antagonism which exists between the principles of liberty and slavery. You see we are multiplying. Now, while I am speaking of Hickman, let me say, I know but little about him. I have never seen him, and know scarcely anything about the man; but I will say this much of him: Of all the anti-Lecompton Democracy that have been brought to my notice, he alone has the true, genuine ring of the metal. And now, without indorsing anything else he has said, I will ask this audience to give three cheers for Hickman. [The audience responded with three rousing cheers for Hickman.]
Another point in the copyright essay to which I would ask your attention is rather a feature to be extracted from the whole thing, than from any express declaration of it at any point. It is a general feature of that document, and, indeed, of all of Judge Douglas's discussions of this question, that the Territories of the United States and the States of this Union are exactly alike; that there is no difference between them at all; that the Constitution applies to the Territories precisely as it does to the States; and that the United States Government, under the Constitution, may not do in a State what it may not do in a Territory, and what it must do in a State it must do in a Territory. Gentlemen, is that a true view of the case? It is necessary for this squatter sovereignty, but is it true?
Let us consider. What does it depend upon? It depends altogether upon the proposition that the States must, without the interference of the General Government, do all those things that pertain exclusively to themselves,—that are local in their nature, that have no connection with the General Government. After Judge Douglas has established this proposition, which nobody disputes or ever has disputed, he proceeds to assume, without proving it, that slavery is one of those little, unimportant, trivial matters which are of just about as much consequence as the question would be to me whether my neighbor should raise horned cattle or plant tobacco; that there is no moral question about it, but that it is altogether a matter of dollars and cents; that when a new Territory is opened for settlement, the first man who goes into it may plant there a thing which, like the Canada thistle or some other of those pests of the soil, cannot be dug out by the millions of men who will come thereafter; that it is one of those little things that is so trivial in its nature that it has nor effect upon anybody save the few men who first plant upon the soil; that it is not a thing which in any way affects the family of communities composing these States, nor any way endangers the General Government. Judge Douglas ignores altogether the very well known fact that we have never had a serious menace to our political existence, except it sprang from this thing, which he chooses to regard as only upon a par with onions and potatoes.
Turn it, and contemplate it in another view. He says that, according to his popular sovereignty, the General Government may give to the Territories governors, judges, marshals, secretaries, and all the other chief men to govern them, but they, must not touch upon this other question. Why? The question of who shall be governor of a Territory for a year or two, and pass away, without his track being left upon the soil, or an act which he did for good or for evil being left behind, is a question of vast national magnitude; it is so much opposed in its nature to locality that the nation itself must decide it: while this other matter of planting slavery upon a soil,—a thing which, once planted, cannot be eradicated by the succeeding millions who have as much right there as the first comers, or, if eradicated, not without infinite difficulty and a long struggle, he considers the power to prohibit it as one of these little local, trivial things that the nation ought not to say a word about; that it affects nobody save the few men who are there.
Take these two things and consider them together, present the question of planting a State with the institution of slavery by the side of a question who shall be Governor of Kansas for a year or two, and is there a man here, is there a man on earth, who would not say the governor question is the little one, and the slavery question is the great one? I ask any honest Democrat if the small, the local, and the trivial and temporary question is not, Who shall be governor? while the durable, the important, and the mischievous one is, Shall this soil be planted with slavery?
This is an idea, I suppose, which has arisen in Judge Douglas's mind from his peculiar structure. I suppose the institution of slavery really looks small to him. He is so put up by nature that a lash upon his back would hurt him, but a lash upon anybody else's back does not hurt him. That is the build of the man, and consequently he looks upon the matter of slavery in this unimportant light.
Judge Douglas ought to remember, when he is endeavoring to force this policy upon the American people, that while he is put up in that way, a good many are not. He ought to remember that there was once in this country a man by the name of Thomas Jefferson, supposed to be a Democrat,—a man whose principles and policy are not very prevalent amongst Democrats to-day, it is true; but that man did not take exactly this view of the insignificance of the element of slavery which our friend judge Douglas does. In contemplation of this thing, we all know he was led to exclaim, "I tremble for my country when I remember that God is just!" We know how he looked upon it when he thus expressed himself. There was danger to this country,—danger of the avenging justice of God, in that little unimportant popular sovereignty question of judge Douglas. He supposed there was a question of God's eternal justice wrapped up in the enslaving of any race of men, or any man, and that those who did so braved the arm of Jehovah; that when a nation thus dared the Almighty, every friend of that nation had cause to dread his wrath. Choose ye between Jefferson and Douglas as to what is the true view of this element among us.
There is another little difficulty about this matter of treating the Territories and States alike in all things, to which I ask your attention, and I shall leave this branch of the case. If there is no difference between them, why not make the Territories States at once? What is the reason that Kansas was not fit to come into the Union when it was organized into a Territory, in Judge Douglas's view? Can any of you tell any reason why it should not have come into the Union at once? They are fit, as he thinks, to decide upon the slavery question,—the largest and most important with which they could possibly deal: what could they do by coming into the Union that they are not fit to do, according to his view, by staying out of it? Oh, they are not fit to sit in Congress and decide upon the rates of postage, or questions of ad valorem or specific duties on foreign goods, or live-oak timber contracts, they are not fit to decide these vastly important matters, which are national in their import, but they are fit, "from the jump," to decide this little negro question. But, gentlemen, the case is too plain; I occupy too much time on this head, and I pass on.
Near the close of the copyright essay, the judge, I think, comes very near kicking his own fat into the fire. I did not think, when I commenced these remarks, that I would read that article, but I now believe I will:
"This exposition of the history of these measures shows conclusively that the authors of the Compromise measures of 1850 and of the Kansas-Nebraska Act of 1854, as well as the members of the Continental Congress of 1774., and the founders of our system of government subsequent to the Revolution, regarded the people of the Territories and Colonies as political communities which were entitled to a free and exclusive power of legislation in their provisional legislatures, where their representation could alone be preserved, in all cases of taxation and internal polity."
When the judge saw that putting in the word "slavery" would contradict his own history, he put in what he knew would pass synonymous with it, "internal polity." Whenever we find that in one of his speeches, the substitute is used in this manner; and I can tell you the reason. It would be too bald a contradiction to say slavery; but "internal polity" is a general phrase, which would pass in some quarters, and which he hopes will pass with the reading community for the same thing.
"This right pertains to the people collectively, as a law-abiding and peaceful community, and not in the isolated individuals who may wander upon the public domain in violation of the law. It can only be exercised where there are inhabitants sufficient to constitute a government, and capable of performing its various functions and duties,—a fact to be ascertained and determined by" who do you think? Judge Douglas says "by Congress!" "Whether the number shall be fixed at ten, fifteen or twenty thousand inhabitants, does not affect the principle."
Now, I have only a few comments to make. Popular sovereignty, by his own words, does not pertain to the few persons who wander upon the public domain in violation of law. We have his words for that. When it does pertain to them, is when they are sufficient to be formed into an organized political community, and he fixes the minimum for that at ten thousand, and the maximum at twenty thousand. Now, I would like to know what is to be done with the nine thousand? Are they all to be treated, until they are large enough to be organized into a political community, as wanderers upon the public land, in violation of law? And if so treated and driven out, at what point of time would there ever be ten thousand? If they were not driven out, but remained there as trespassers upon the public land in violation of the law, can they establish slavery there? No; the judge says popular sovereignty don't pertain to them then. Can they exclude it then? No; popular sovereignty don't pertain to them then. I would like to know, in the case covered by the essay, what condition the people of the Territory are in before they reach the number of ten thousand?
But the main point I wish to ask attention to is, that the question as to when they shall have reached a sufficient number to be formed into a regular organized community is to be decided "by Congress." Judge Douglas says so. Well, gentlemen, that is about all we want. No, that is all the Southerners want. That is what all those who are for slavery want. They do not want Congress to prohibit slavery from coming into the new Territories, and they do not want popular sovereignty to hinder it; and as Congress is to say when they are ready to be organized, all that the South has to do is to get Congress to hold off. Let Congress hold off until they are ready to be admitted as a State, and the South has all it wants in taking slavery into and planting it in all the Territories that we now have or hereafter may have. In a word, the whole thing, at a dash of the pen, is at last put in the power of Congress; for if they do not have this popular sovereignty until Congress organizes them, I ask if it at last does not come from Congress? If, at last, it amounts to anything at all, Congress gives it to them. I submit this rather for your reflection than for comment. After all that is said, at last, by a dash of the pen, everything that has gone before is undone, and he puts the whole question under the control of Congress. After fighting through more than three hours, if you undertake to read it, he at last places the whole matter under the control of that power which he has been contending against, and arrives at a result directly contrary to what he had been laboring to do. He at last leaves the whole matter to the control of Congress.
There are two main objects, as I understand it, of this Harper's Magazine essay. One was to show, if possible, that the men of our Revolutionary times were in favor of his popular sovereignty, and the other was to show that the Dred Scott decision had not entirely squelched out this popular sovereignty. I do not propose, in regard to this argument drawn from the history of former times, to enter into a detailed examination of the historical statements he has made. I have the impression that they are inaccurate in a great many instances,—sometimes in positive statement, but very much more inaccurate by the suppression of statements that really belong to the history. But I do not propose to affirm that this is so to any very great extent, or to enter into a very minute examination of his historical statements. I avoid doing so upon this principle,—that if it were important for me to pass out of this lot in the least period of time possible, and I came to that fence, and saw by a calculation of my known strength and agility that I could clear it at a bound, it would be folly for me to stop and consider whether I could or not crawl through a crack. So I say of the whole history contained in his essay where he endeavored to link the men of the Revolution to popular sovereignty. It only requires an effort to leap out of it, a single bound to be entirely successful. If you read it over, you will find that he quotes here and there from documents of the Revolutionary times, tending to show that the people of the colonies were desirous of regulating their own concerns in their own way, that the British Government should not interfere; that at one time they struggled with the British Government to be permitted to exclude the African slave trade,—if not directly, to be permitted to exclude it indirectly, by taxation sufficient to discourage and destroy it. From these and many things of this sort, judge Douglas argues that they were in favor of the people of our own Territories excluding slavery if they wanted to, or planting it there if they wanted to, doing just as they pleased from the time they settled upon the Territory. Now, however his history may apply and whatever of his argument there may be that is sound and accurate or unsound and inaccurate, if we can find out what these men did themselves do upon this very question of slavery in the Territories, does it not end the whole thing? If, after all this labor and effort to show that the men of the Revolution were in favor of his popular sovereignty and his mode of dealing with slavery in the Territories, we can show that these very men took hold of that subject, and dealt with it, we can see for ourselves how they dealt with it. It is not a matter of argument or inference, but we know what they thought about it.
It is precisely upon that part of the history of the country that one important omission is made by Judge Douglas. He selects parts of the history of the United States upon the subject of slavery, and treats it as the whole, omitting from his historical sketch the legislation of Congress in regard to the admission of Missouri, by which the Missouri Compromise was established and slavery excluded from a country half as large as the present United States. All this is left out of his history, and in nowise alluded to by him, so far as I can remember, save once, when he makes a remark, that upon his principle the Supreme Court were authorized to pronounce a decision that the act called the Missouri Compromise was unconstitutional. All that history has been left out. But this part of the history of the country was not made by the men of the Revolution.
There was another part of our political history, made by the very men who were the actors in the Revolution, which has taken the name of the Ordinance of '87. Let me bring that history to your attention. In 1784, I believe, this same Mr. Jefferson drew up an ordinance for the government of the country upon which we now stand, or, rather, a frame or draft of an ordinance for the government of this country, here in Ohio, our neighbors in Indiana, us who live in Illinois, our neighbors in Wisconsin and Michigan. In that ordinance, drawn up not only for the government of that Territory, but for the Territories south of the Ohio River, Mr. Jefferson expressly provided for the prohibition of slavery. Judge Douglas says, and perhaps is right, that that provision was lost from that ordinance. I believe that is true. When the vote was taken upon it, a majority of all present in the Congress of the Confederation voted for it; but there were so many absentees that those voting for it did not make the clear majority necessary, and it was lost. But three years after that, the Congress of the Confederation were together again, and they adopted a new ordinance for the government of this Northwest Territory, not contemplating territory south of the river, for the States owning that territory had hitherto refrained from giving it to the General Government; hence they made the ordinance to apply only to what the Government owned. In fact, the provision excluding slavery was inserted aside, passed unanimously, or at any rate it passed and became a part of the law of the land. Under that ordinance we live. First here in Ohio you were a Territory; then an enabling act was passed, authorizing you to form a constitution and State Government, provided it was republican and not in conflict with the Ordinance of '87. When you framed your constitution and presented it for admission, I think you will find the legislation upon the subject will show that, whereas you had formed a constitution that was republican, and not in conflict with the Ordinance of '87, therefore you were admitted upon equal footing with the original States. The same process in a few years was gone through with in Indiana, and so with Illinois, and the same substantially with Michigan and Wisconsin.
Not only did that Ordinance prevail, but it was constantly looked to whenever a step was taken by a new Territory to become a State. Congress always turned their attention to it, and in all their movements upon this subject they traced their course by that Ordinance of '87. When they admitted new States, they advertised them of this Ordinance, as a part of the legislation of the country. They did so because they had traced the Ordinance of '87 throughout the history of this country. Begin with the men of the Revolution, and go down for sixty entire years, and until the last scrap of that Territory comes into the Union in the form of the State of Wisconsin, everything was made to conform with the Ordinance of '87, excluding slavery from that vast extent of country.
I omitted to mention in the right place that the Constitution of the United States was in process of being framed when that Ordinance was made by the Congress of the Confederation; and one of the first Acts of Congress itself, under the new Constitution itself, was to give force to that Ordinance by putting power to carry it out in the hands of the new officers under the Constitution, in the place of the old ones, who had been legislated out of existence by the change in the Government from the Confederation to the Constitution. Not only so, but I believe Indiana once or twice, if not Ohio, petitioned the General Government for the privilege of suspending that provision and allowing them to have slaves. A report made by Mr. Randolph, of Virginia, himself a slaveholder, was directly against it, and the action was to refuse them the privilege of violating the Ordinance of '87.
This period of history, which I have run over briefly, is, I presume, as familiar to most of this assembly as any other part of the history of our country. I suppose that few of my hearers are not as familiar with that part of history as I am, and I only mention it to recall your attention to it at this time. And hence I ask how extraordinary a thing it is that a man who has occupied a position upon the floor of the Senate of the United States, who is now in his third term, and who looks to see the government of this whole country fall into his own hands, pretending to give a truthful and accurate history o the slavery question in this country, should so entirely ignore the whole of that portion of our history—the most important of all. Is it not a most extraordinary spectacle that a man should stand up and ask for any confidence in his statements who sets out as he does with portions of history, calling upon the people to believe that it is a true and fair representation, when the leading part and controlling feature of the whole history is carefully suppressed?
But the mere leaving out is not the most remarkable feature of this most remarkable essay. His proposition is to establish that the leading men of the Revolution were for his great principle of nonintervention by the government in the question of slavery in the Territories, while history shows that they decided, in the cases actually brought before them, in exactly the contrary way, and he knows it. Not only did they so decide at that time, but they stuck to it during sixty years, through thick and thin, as long as there was one of the Revolutionary heroes upon the stage of political action. Through their whole course, from first to last, they clung to freedom. And now he asks the community to believe that the men of the Revolution were in favor of his great principle, when we have the naked history that they themselves dealt with this very subject matter of his principle, and utterly repudiated his principle, acting upon a precisely contrary ground. It is as impudent and absurd as if a prosecuting attorney should stand up before a jury and ask them to convict A as the murderer of B, while B was walking alive before them.
I say, again, if judge Douglas asserts that the men of the Revolution acted upon principles by which, to be consistent with themselves, they ought to have adopted his popular sovereignty, then, upon a consideration of his own argument, he had a right to make you believe that they understood the principles of government, but misapplied them, that he has arisen to enlighten the world as to the just application of this principle. He has a right to try to persuade you that he understands their principles better than they did, and, therefore, he will apply them now, not as they did, but as they ought to have done. He has a right to go before the community and try to convince them of this, but he has no right to attempt to impose upon any one the belief that these men themselves approved of his great principle. There are two ways of establishing a proposition. One is by trying to demonstrate it upon reason, and the other is, to show that great men in former times have thought so and so, and thus to pass it by the weight of pure authority. Now, if Judge Douglas will demonstrate somehow that this is popular sovereignty,—the right of one man to make a slave of another, without any right in that other or any one else to object,—demonstrate it as Euclid demonstrated propositions,—there is no objection. But when he comes forward, seeking to carry a principle by bringing to it the authority of men who themselves utterly repudiate that principle, I ask that he shall not be permitted to do it.
I see, in the judge's speech here, a short sentence in these words: "Our fathers, when they formed this government under which we live, understood this question just as well, and even better than, we do now." That is true; I stick to that. I will stand by Judge Douglas in that to the bitter end. And now, Judge Douglas, come and stand by me, and truthfully show how they acted, understanding it better than we do. All I ask of you, Judge Douglas, is to stick to the proposition that the men of the Revolution understood this subject better than we do now, and with that better understanding they acted better than you are trying to act now.
I wish to say something now in regard to the Dred Scott decision, as dealt with by Judge Douglas. In that "memorable debate" between Judge Douglas and myself, last year, the judge thought fit to commence a process of catechising me, and at Freeport I answered his questions, and propounded some to him. Among others propounded to him was one that I have here now. The substance, as I remember it, is, "Can the people of a United States Territory, under the Dred Scott decision, in any lawful way, against the wish of any citizen of the United States, exclude slavery from its limits, prior to the formation of a State constitution?" He answered that they could lawfully exclude slavery from the United States Territories, notwithstanding the Dred Scot decision. There was something about that answer that has probably been a trouble to the judge ever since.
The Dred Scott decision expressly gives every citizen of the United States a right to carry his slaves into the United States Territories. And now there was some inconsistency in saying that the decision was right, and saying, too, that the people of the Territory could lawfully drive slavery out again. When all the trash, the words, the collateral matter, was cleared away from it, all the chaff was fanned out of it, it was a bare absurdity,—no less than that a thing may be lawfully driven away from where it has a lawful right to be. Clear it of all the verbiage, and that is the naked truth of his proposition,—that a thing may be lawfully driven from the place where it has a lawful right to stay. Well, it was because the judge could n't help seeing this that he has had so much trouble with it; and what I want to ask your especial attention to, just now, is to remind you, if you have not noticed the fact, that the judge does not any longer say that the people can exclude slavery. He does not say so in the copyright essay; he did not say so in the speech that he made here; and, so far as I know, since his re-election to the Senate he has never said, as he did at Freeport, that the people of the Territories can exclude slavery. He desires that you, who wish the Territories to remain free, should believe that he stands by that position; but he does not say it himself. He escapes to some extent the absurd position I have stated, by changing his language entirely. What he says now is something different in language, and we will consider whether it is not different in sense too. It is now that the Dred Scott decision, or rather the Constitution under that decision, does not carry slavery into the Territories beyond the power of the people of the Territories to control it as other property. He does not say the people can drive it out, but they can control it as other property. The language is different; we should consider whether the sense is different. Driving a horse out of this lot is too plain a proposition to be mistaken about; it is putting him on the other side of the fence. Or it might be a sort of exclusion of him from the lot if you were to kill him and let the worms devour him; but neither of these things is the same as "controlling him as other property." That would be to feed him, to pamper him, to ride him, to use and abuse him, to make the most money out of him, "as other property"; but, please you, what do the men who are in favor of slavery want more than this? What do they really want, other than that slavery, being in the Territories, shall be controlled as other property? If they want anything else, I do not comprehend it. I ask your attention to this, first, for the purpose of pointing out the change of ground the judge has made; and, in the second place, the importance of the change,—that that change is not such as to give you gentlemen who want his popular sovereignty the power to exclude the institution or drive it out at all. I know the judge sometimes squints at the argument that in controlling it as other property by unfriendly legislation they may control it to death; as you might, in the case of a horse, perhaps, feed him so lightly and ride him so much that he would die. But when you come to legislative control, there is something more to be attended to. I have no doubt, myself, that if the Territories should undertake to control slave property as other property that is, control it in such a way that it would be the most valuable as property, and make it bear its just proportion in the way of burdens as property, really deal with it as property,—the Supreme Court of the United States will say, "God speed you, and amen." But I undertake to give the opinion, at least, that if the Territories attempt by any direct legislation to drive the man with his slave out of the Territory, or to decide that his slave is free because of his being taken in there, or to tax him to such an extent that he cannot keep him there, the Supreme Court will unhesitatingly decide all such legislation unconstitutional, as long as that Supreme Court is constructed as the Dred Scott Supreme Court is. The first two things they have already decided, except that there is a little quibble among lawyers between the words "dicta" and "decision." They have already decided a negro cannot be made free by Territorial legislation.