Springfield,
Illinois, June
16, 1858
MR. PRESIDENT AND GENTLEMEN OF THE CONVENTION:
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 favor 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 U. S. 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 made 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 endorsement. The Supreme Court
met again; did not announce their decision, but ordered a re-argument. 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 capital 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 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 a 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 "The 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 to 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 awhile, 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, at least Northern
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 afterward 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 favor 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 exact 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 -- and
when we see these 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 a 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 States 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
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 the 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
labored to prove it a sacred right of white men to take negro slaves into the
new Territories. Can he possibly show that it is less a 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 the 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.
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