“Shrine20220609 26356 1i8wuqn” in “Third Debate”
THIRD JOINT DEBATE, AT JONESBORO,
SEPTEMBER 15, 1858
Mr. LINCOLN'S REPLY.
LADIES AND GENTLEMEN:--There is very much in the principles that Judge
Douglas has here enunciated that I most cordially approve, and over which
I shall have no controversy with him. In so far as he has insisted that
all the States have the right to do exactly as they please about all their
domestic relations, including that of slavery, I agree entirely with him.
He places me wrong in spite of all I can tell him, though I repeat it
again and again, insisting that I have no difference with him upon this
subject. I have made a great many speeches, some of which have been
printed, and it will be utterly impossible for him to find anything that
I have ever put in print contrary to what I now say upon this subject. I
hold myself under constitutional obligations to allow the people in all
the States, without interference, direct or indirect, to do exactly as
they please; and I deny that I have any inclination to interfere with
them, even if there were no such constitutional obligation. I can only say
again that I am placed improperly--altogether improperly, in spite of all
I can say--when it is insisted that I entertain any other view or purposes
in regard to that matter.
While I am upon this subject, I will make some answers briefly to certain
propositions that Judge Douglas has put. He says, "Why can't this Union
endure permanently half slave and half free?" I have said that I supposed
it could not, and I will try, before this new audience, to give briefly
some of the reasons for entertaining that opinion. Another form of his
question is, "Why can't we let it stand as our fathers placed it?" That is
the exact difficulty between us. I say that Judge Douglas and his friends
have changed it from the position in which our fathers originally placed
it. I say, in the way our father's originally left the slavery question,
the institution was in the course of ultimate extinction, and the
public mind rested in the belief that it was in the course of ultimate
extinction. I say when this government was first established it was the
policy of its founders to prohibit the spread of slavery into the new
Territories of the United States, where it had not existed. But Judge
Douglas and his friends have broken up that policy, and placed it upon
a new basis, by which it is to become national and perpetual. All I have
asked or desired anywhere is that it should be placed back again upon the
basis that the fathers of our government originally placed it upon. I have
no doubt that it would become extinct, for all time to come, if we but
readopted the policy of the fathers, by restricting it to the limits it
has already covered, restricting it from the new Territories.
I do not wish to dwell at great length on this branch of the subject at
this time, but allow me to repeat one thing that I have stated before.
Brooks--the man who assaulted Senator Sumner on the floor of the
Senate, and who was complimented with dinners, and silver pitchers, and
gold-headed canes, and a good many other things for that feat--in one
of his speeches declared that when this government was originally
established, nobody expected that the institution of slavery would last
until this day. That was but the opinion of one man, but it was such an
opinion as we can never get from Judge Douglas or anybody in favor of
slavery, in the North, at all. You can sometimes get it from a Southern
man. He said at the same time that the framers of our government did not
have the knowledge that experience has taught us; that experience and
the invention of the cotton-gin have taught us that the perpetuation of
slavery is a necessity. He insisted, therefore, upon its being changed
from the basis upon which the fathers of the government left it to the
basis of its perpetuation and nationalization.
I insist that this is the difference between Judge Douglas and
myself,--that Judge Douglas is helping that change along. I insist upon
this government being placed where our fathers originally placed it.
I remember Judge Douglas once said that he saw the evidences on the
statute books of Congress of a policy in the origin of government
to divide slavery and freedom by a geographical line; that he saw an
indisposition to maintain that policy, and therefore he set about studying
up a way to settle the institution on the right basis,--the basis which he
thought it ought to have been placed upon at first; and in that speech he
confesses that he seeks to place it, not upon the basis that the fathers
placed it upon, but upon one gotten up on "original principles." When he
asks me why we cannot get along with it in the attitude where our fathers
placed it, he had better clear up the evidences that he has himself
changed it from that basis, that he has himself been chiefly instrumental
in changing the policy of the fathers. Any one who will read his speech
of the 22d of last March will see that he there makes an open confession,
showing that he set about fixing the institution upon an altogether
different set of principles. I think I have fully answered him when he
asks me why we cannot let it alone upon the basis where our fathers
left it, by showing that he has himself changed the whole policy of the
government in that regard.
Now, fellow-citizens, in regard to this matter about a contract that was
made between Judge Trumbull and myself, and all that long portion of Judge
Douglas's speech on this subject,--I wish simply to say what I have said
to him before, that he cannot know whether it is true or not, and I do
know that there is not a word of truth in it. And I have told him so
before. I don't want any harsh language indulged in, but I do not know
how to deal with this persistent insisting on a story that I know to be
utterly without truth. It used to be a fashion amongst men that when a
charge was made, some sort of proof was brought forward to establish it,
and if no proof was found to exist, the charge was dropped. I don't know
how to meet this kind of an argument. I don't want to have a fight
with Judge Douglas, and I have no way of making an argument up into the
consistency of a corn-cob and stopping his mouth with it. All I can do
is--good-humoredly--to say that, from the beginning to the end of all that
story about a bargain between Judge Trumbull and myself, there is not a
word of truth in it. I can only ask him to show some sort of evidence
of the truth of his story. He brings forward here and reads from what he
contends is a speech by James H. Matheny, charging such a bargain between
Trumbull and myself. My own opinion is that Matheny did do some such
immoral thing as to tell a story that he knew nothing about. I believe he
did. I contradicted it instantly, and it has been contradicted by Judge
Trumbull, while nobody has produced any proof, because there is none. Now,
whether the speech which the Judge brings forward here is really the
one Matheny made, I do not know, and I hope the Judge will pardon me for
doubting the genuineness of this document, since his production of those
Springfield resolutions at Ottawa. I do not wish to dwell at any great
length upon this matter. I can say nothing when a long story like this is
told, except it is not true, and demand that he who insists upon it shall
produce some proof. That is all any man can do, and I leave it in that
way, for I know of no other way of dealing with it.
[In an argument on the lines of: "Yes, you did.--No, I did not." It bears
on the former to prove his point, not on the negative to "prove" that he
did not--even if he easily can do so.]
The Judge has gone over a long account of the old Whig and Democratic
parties, and it connects itself with this charge against Trumbull and
myself. He says that they agreed upon a compromise in regard to the
slavery question in 1850; that in a National Democratic Convention
resolutions were passed to abide by that compromise as a finality upon the
slavery question. He also says that the Whig party in National Convention
agreed to abide by and regard as a finality the Compromise of 1850. I
understand the Judge to be altogether right about that; I understand
that part of the history of the country as stated by him to be correct
I recollect that I, as a member of that party, acquiesced in that
compromise. I recollect in the Presidential election which followed,
when we had General Scott up for the presidency, Judge Douglas was around
berating us Whigs as Abolitionists, precisely as he does to-day,--not a
bit of difference. I have often heard him. We could do nothing when the
old Whig party was alive that was not Abolitionism, but it has got an
extremely good name since it has passed away.
[It almost a natural law that, when dead--no matter how bad we were--we
are automatically beatified.]
When that Compromise was made it did not repeal the old Missouri
Compromise. It left a region of United States territory half as large
as the present territory of the United States, north of the line of 36
degrees 30 minutes, in which slavery was prohibited by Act of Congress.
This Compromise did not repeal that one. It did not affect or propose to
repeal it. But at last it became Judge Douglas's duty, as he thought (and
I find no fault with him), as Chairman of the Committee on Territories, to
bring in a bill for the organization of a territorial government,--first
of one, then of two Territories north of that line. When he did so, it
ended in his inserting a provision substantially repealing the Missouri
Compromise. That was because the Compromise of 1850 had not repealed it.
And now I ask why he could not have let that Compromise alone? We were
quiet from the agitation of the slavery question. We were making no fuss
about it. All had acquiesced in the Compromise measures of 1850. We
never had been seriously disturbed by any Abolition agitation before that
period. When he came to form governments for the Territories north of the
line of 36 degrees 30 minutes, why could he not have let that matter stand
as it was standing? Was it necessary to the organization of a Territory?
Not at all. Iowa lay north of the line, and had been organized as a
Territory and come into the Union as a State without disturbing that
Compromise. There was no sort of necessity for destroying it to organize
these Territories. But, gentlemen, it would take up all my time to meet
all the little quibbling arguments of Judge Douglas to show that the
Missouri Compromise was repealed by the Compromise of 1850. My own opinion
is, that a careful investigation of all the arguments to sustain the
position that that Compromise was virtually repealed by the Compromise of
1850 would show that they are the merest fallacies. I have the report that
Judge Douglas first brought into Congress at the time of the introduction
of the Nebraska Bill, which in its original form did not repeal the
Missouri Compromise, and he there expressly stated that he had forborne to
do so because it had not been done by the Compromise of 1850. I close this
part of the discussion on my part by asking him the question again, "Why,
when we had peace under the Missouri Compromise, could you not have let it
alone?"
In complaining of what I said in my speech at Springfield, in which he
says I accepted my nomination for the senatorship (where, by the way, he
is at fault, for if he will examine it, he will find no acceptance in it),
he again quotes that portion in which I said that "a house divided against
itself cannot stand." Let me say a word in regard to that matter.
He tries to persuade us that there must be a variety in the different
institutions of the States of the Union; that that variety necessarily
proceeds from the variety of soil, climate, of the face of the country,
and the difference in the natural features of the States. I agree to all
that. Have these very matters ever produced any difficulty amongst us? Not
at all. Have we ever had any quarrel over the fact that they have laws
in Louisiana designed to regulate the commerce that springs from the
production of sugar? Or because we have a different class relative to the
production of flour in this State? Have they produced any differences? Not
at all. They are the very cements of this Union. They don't make the house
a house divided against itself. They are the props that hold up the house
and sustain the Union.
But has it been so with this element of slavery? Have we not always had
quarrels and difficulties over it? And when will we cease to have quarrels
over it? Like causes produce like effects. It is worth while to observe
that we have generally had comparative peace upon the slavery question,
and that there has been no cause for alarm until it was excited by the
effort to spread it into new territory. Whenever it has been limited to
its present bounds, and there has been no effort to spread it, there has
been peace. All the trouble and convulsion has proceeded from efforts to
spread it over more territory. It was thus at the date of the Missouri
Compromise. It was so again with the annexation of Texas; so with the
territory acquired by the Mexican war; and it is so now. Whenever there
has been an effort to spread it, there has been agitation and resistance.
Now, I appeal to this audience (very few of whom are my political
friends), as national men, whether we have reason to expect that the
agitation in regard to this subject will cease while the causes that tend
to reproduce agitation are actively at work? Will not the same cause that
produced agitation in 1820, when the Missouri Compromise was formed, that
which produced the agitation upon the annexation of Texas, and at other
times, work out the same results always? Do you think that the nature of
man will be changed, that the same causes that produced agitation at one
time will not have the same effect at another?
This has been the result so far as my observation of the slavery question
and my reading in history extends. What right have we then to hope that
the trouble will cease,--that the agitation will come to an end,--until
it shall either be placed back where it originally stood, and where
the fathers originally placed it, or, on the other hand, until it shall
entirely master all opposition? This is the view I entertain, and this
is the reason why I entertained it, as Judge Douglas has read from my
Springfield speech.
Now, my friends, there is one other thing that I feel myself under some
sort of obligation to mention. Judge Douglas has here to-day--in a very
rambling way, I was about saying--spoken of the platforms for which he
seeks to hold me responsible. He says, "Why can't you come out and make
an open avowal of principles in all places alike?" and he reads from an
advertisement that he says was used to notify the people of a speech to be
made by Judge Trumbull at Waterloo. In commenting on it he desires to know
whether we cannot speak frankly and manfully, as he and his friends do.
How, I ask, do his friends speak out their own sentiments? A Convention
of his party in this State met on the 21st of April at Springfield, and
passed a set of resolutions which they proclaim to the country as their
platform. This does constitute their platform, and it is because Judge
Douglas claims it is his platform--that these are his principles and
purposes--that he has a right to declare he speaks his sentiments "frankly
and manfully." On the 9th of June Colonel John Dougherty, Governor
Reynolds, and others, calling themselves National Democrats, met
in Springfield and adopted a set of resolutions which are as easily
understood, as plain and as definite in stating to the country and to
the world what they believed in and would stand upon, as Judge Douglas's
platform Now, what is the reason that Judge Douglas is not willing that
Colonel Dougherty and Governor Reynolds should stand upon their own
written and printed platform as well as he upon his? Why must he look
farther than their platform when he claims himself to stand by his
platform?
Again, in reference to our platform: On the 16th of June the Republicans
had their Convention and published their platform, which is as clear and
distinct as Judge Douglas's. In it they spoke their principles as plainly
and as definitely to the world. What is the reason that Judge Douglas
is not willing I should stand upon that platform? Why must he go around
hunting for some one who is supporting me or has supported me at some
time in his life, and who has said something at some time contrary to that
platform? Does the Judge regard that rule as a good one? If it turn out
that the rule is a good one for me--that I am responsible for any and
every opinion that any man has expressed who is my friend,--then it is a
good rule for him. I ask, is it not as good a rule for him as it is for
me? In my opinion, it is not a good rule for either of us. Do you think
differently, Judge?
[Mr. DOUGLAS: I do not.]
Judge Douglas says he does not think differently. I am glad of it. Then
can he tell me why he is looking up resolutions of five or six years ago,
and insisting that they were my platform, notwithstanding my protest that
they are not, and never were my platform, and my pointing out the platform
of the State Convention which he delights to say nominated me for the
Senate? I cannot see what he means by parading these resolutions, if it
is not to hold me responsible for them in some way. If he says to me here
that he does not hold the rule to be good, one way or the other, I do not
comprehend how he could answer me more fully if he answered me at greater
length. I will therefore put in as my answer to the resolutions that he
has hunted up against me, what I, as a lawyer, would call a good plea to a
bad declaration. I understand that it is an axiom of law that a poor plea
may be a good plea to a bad declaration. I think that the opinions the
Judge brings from those who support me, yet differ from me, is a bad
declaration against me; but if I can bring the same things against him, I
am putting in a good plea to that kind of declaration, and now I propose
to try it.
At Freeport, Judge Douglas occupied a large part of his time in producing
resolutions and documents of various sorts, as I understood, to make me
somehow responsible for them; and I propose now doing a little of the
same sort of thing for him. In 1850 a very clever gentleman by the name
of Thompson Campbell, a personal friend of Judge Douglas and myself, a
political friend of Judge Douglas and opponent of mine, was a candidate
for Congress in the Galena District. He was interrogated as to his views
on this same slavery question. I have here before me the interrogatories,
and Campbell's answers to them--I will read them:
INTERROGATORIES:
"1st. Will you, if elected, vote for and cordially support a bill
prohibiting slavery in the Territories of the United States?
"2d. Will you vote for and support a bill abolishing slavery in the
District of Columbia?
"3d. Will you oppose the admission of any Slave States which may be formed
out of Texas or the Territories?
"4th. Will you vote for and advocate the repeal of the Fugitive Slave law
passed at the recent session of Congress?
"5th. Will you advocate and vote for the election of a Speaker of the
House of Representatives who shall be willing to organize the committees
of that House so as to give the Free States their just influence in the
business of legislation?
"6th. What are your views, not only as to the constitutional right of
Congress to prohibit the slave-trade between the States, but also as to
the expediency of exercising that right immediately?"
CAMPBELL'S REPLY.
"To the first and second interrogatories, I answer unequivocally in the
affirmative.
"To the third interrogatory I reply, that I am opposed to the admission of
any more Slave States into the Union, that may be formed out of Texas or
any other Territory.
"To the fourth and fifth interrogatories I unhesitatingly answer in the
affirmative.
"To the sixth interrogatory I reply, that so long as the Slave States
continue to treat slaves as articles of commerce, the Constitution confers
power on Congress to pass laws regulating that peculiar COMMERCE, and that
the protection of Human Rights imperatively demands the interposition of
every constitutional means to prevent this most inhuman and iniquitous
traffic.
"T. CAMPBELL."
I want to say here that Thompson Campbell was elected to Congress on that
platform, as the Democratic candidate in the Galena District, against
Martin P. Sweet.
[Judge DOUGLAS: Give me the date of the letter.]
The time Campbell ran was in 1850. I have not the exact date here. It
was some time in 1850 that these interrogatories were put and the answer
given. Campbell was elected to Congress, and served out his term. I think
a second election came up before he served out his term, and he was
not re-elected. Whether defeated or not nominated, I do not know. [Mr.
Campbell was nominated for re-election by the Democratic party, by
acclamation.] At the end of his term his very good friend Judge Douglas
got him a high office from President Pierce, and sent him off to
California. Is not that the fact? Just at the end of his term in Congress
it appears that our mutual friend Judge Douglas got our mutual friend
Campbell a good office, and sent him to California upon it. And not only
so, but on the 27th of last month, when Judge Douglas and myself spoke at
Freeport in joint discussion, there was his same friend Campbell, come
all the way from California, to help the Judge beat me; and there was poor
Martin P. Sweet standing on the platform, trying to help poor me to be
elected. That is true of one of Judge Douglas's friends.
So again, in that same race of 1850, there was a Congressional Convention
assembled at Joliet, and it nominated R. S. Molony for Congress, and
unanimously adopted the following resolution:
"Resolved, That we are uncompromisingly opposed to the extension
of slavery; and while we would not make such opposition a ground of
interference with the interests of the States where it exists, yet we
moderately but firmly insist that it is the duty of Congress to oppose
its extension into Territory now free, by all means compatible with the
obligations of the Constitution, and with good faith to our sister States;
that these principles were recognized by the Ordinance of 1787, which
received the sanction of Thomas Jefferson, who is acknowledged by all to
be the great oracle and expounder of our faith."
Subsequently the same interrogatories were propounded to Dr. Molony which
had been addressed to Campbell as above, with the exception of the 6th,
respecting the interstate slave trade, to which Dr. Molony, the Democratic
nominee for Congress, replied as follows:
"I received the written interrogatories this day, and, as you will see by
the La Salle Democrat and Ottawa Free Trader, I took at Peru on the 5th,
and at Ottawa on the 7th, the affirmative side of interrogatories 1st and
2d; and in relation to the admission of any more Slave States from Free
Territory, my position taken at these meetings, as correctly reported in
said papers, was emphatically and distinctly opposed to it. In relation
to the admission of any more Slave States from Texas, whether I shall go
against it or not will depend upon the opinion that I may hereafter form
of the true meaning and nature of the resolutions of annexation. If, by
said resolutions, the honor and good faith of the nation is pledged to
admit more Slave States from Texas when she (Texas) may apply for the
admission of such State, then I should, if in Congress, vote for their
admission. But if not so PLEDGED and bound by sacred contract, then a bill
for the admission of more Slave States from Texas would never receive my
vote.
"To your fourth interrogatory I answer most decidedly in the affirmative,
and for reasons set forth in my reported remarks at Ottawa last Monday.
"To your fifth interrogatory I also reply in the affirmative most
cordially, and that I will use my utmost exertions to secure the
nomination and election of a man who will accomplish the objects of said
interrogatories. I most cordially approve of the resolutions adopted at
the Union meeting held at Princeton on the 27th September ult.
"Yours, etc., R. S. MOLONY."
All I have to say in regard to Dr. Molony is that he was the regularly
nominated Democratic candidate for Congress in his district; was elected
at that time; at the end of his term was appointed to a land-office at
Danville. (I never heard anything of Judge Douglas's instrumentality
in this.) He held this office a considerable time, and when we were at
Freeport the other day there were handbills scattered about notifying the
public that after our debate was over R. S. Molony would make a Democratic
speech in favor of Judge Douglas. That is all I know of my own personal
knowledge. It is added here to this resolution, and truly I believe, that
among those who participated in the Joliet Convention, and who supported
its nominee, with his platform as laid down in the resolution of the
Convention and in his reply as above given, we call at random the
following names, all of which are recognized at this day as leading
Democrats:
"Cook County,--E. B. Williams, Charles McDonell, Arno Voss, Thomas Hoyne,
Isaac Cook."
I reckon we ought to except Cook.
"F. C. Sherman.
"Will,--Joel A. Matteson, S. W. Bowen.
"Kane,--B. F. Hall, G. W. Renwick, A. M. Herrington, Elijah Wilcox.
"McHenry,--W. M. Jackson, Enos W. Smith, Neil Donnelly.
La Salle,--John Hise, William Reddick."
William Reddick! another one of Judge Douglas's friends that stood on the
stand with him at Ottawa, at the time the Judge says my knees trembled so
that I had to be carried away. The names are all here:
"Du Page,--Nathan Allen.
"De Kalb,--Z. B. Mayo."
Here is another set of resolutions which I think are apposite to the
matter in hand.
On the 28th of February of the same year a Democratic District Convention
was held at Naperville to nominate a candidate for Circuit Judge. Among
the delegates were Bowen and Kelly of Will; Captain Naper, H. H. Cody,
Nathan Allen, of Du Page; W. M. Jackson, J. M. Strode, P. W. Platt, and
Enos W. Smith of McHenry; J. Horssnan and others of Winnebago. Colonel
Strode presided over the Convention. The following resolutions were
unanimously adopted,--the first on motion of P. W. Platt, the second on
motion of William M. Jackson:
"Resolved, That this Convention is in favor of the Wilmot Proviso, both in
Principle and Practice, and that we know of no good reason why any person
should oppose the largest latitude in Free Soil, Free Territory and Free
speech.
"Resolved, That in the opinion of this Convention, the time has arrived
when all men should be free, whites as well as others."
[Judge DOUGLAS: What is the date of those resolutions?]
I understand it was in 1850, but I do not know it. I do not state a thing
and say I know it, when I do not. But I have the highest belief that this
is so. I know of no way to arrive at the conclusion that there is an error
in it. I mean to put a case no stronger than the truth will allow. But
what I was going to comment upon is an extract from a newspaper in De Kalb
County; and it strikes me as being rather singular, I confess, under the
circumstances. There is a Judge Mayo in that county, who is a candidate
for the Legislature, for the purpose, if he secures his election, of
helping to re-elect Judge Douglas. He is the editor of a newspaper [De
Kalb County Sentinel], and in that paper I find the extract I am going to
read. It is part of an editorial article in which he was electioneering
as fiercely as he could for Judge Douglas and against me. It was a curious
thing, I think, to be in such a paper. I will agree to that, and the Judge
may make the most of it:
"Our education has been such that we have been rather in favor of the
equality of the blacks; that is, that they should enjoy all the privileges
of the whites where they reside. We are aware that this is not a very
popular doctrine. We have had many a confab with some who are now strong
'Republicans' we taking the broad ground of equality, and they the
opposite ground.
"We were brought up in a State where blacks were voters, and we do not
know of any inconvenience resulting from it, though perhaps it would not
work as well where the blacks are more numerous. We have no doubt of
the right of the whites to guard against such an evil, if it is one. Our
opinion is that it would be best for all concerned to have the colored
population in a State by themselves [in this I agree with him]; but if
within the jurisdiction of the United States, we say by all means they
should have the right to have their Senators and Representatives in
Congress, and to vote for President. With us 'worth makes the man, and
want of it the fellow.' We have seen many a 'nigger' that we thought more
of than some white men."
That is one of Judge Douglas's friends. Now, I do not want to leave myself
in an attitude where I can be misrepresented, so I will say I do not think
the Judge is responsible for this article; but he is quite as responsible
for it as I would be if one of my friends had said it. I think that is
fair enough.
I have here also a set of resolutions passed by a Democratic State
Convention in Judge Douglas's own good State of Vermont, that I think
ought to be good for him too:
"Resolved, That liberty is a right inherent and inalienable in man, and
that herein all men are equal.
"Resolved, That we claim no authority in the Federal Government to abolish
slavery in the several States, but we do claim for it Constitutional power
perpetually to prohibit the introduction of slavery into territory now
free, and abolish it wherever, under the jurisdiction of Congress, it
exists.
"Resolved, That this power ought immediately to be exercised in
prohibiting the introduction and existence of slavery in New Mexico and
California, in abolishing slavery and the slave-trade in the District of
Columbia, on the high seas, and wherever else, under the Constitution, it
can be reached.
"Resolved, That no more Slave States should be admitted into the Federal
Union.
"Resolved, That the Government ought to return to its ancient policy,
not to extend, nationalize, or encourage, but to limit, localize, and
discourage slavery."
At Freeport I answered several interrogatories that had been propounded to
me by Judge Douglas at the Ottawa meeting. The Judge has not yet seen fit
to find any fault with the position that I took in regard to those seven
interrogatories, which were certainly broad enough, in all conscience, to
cover the entire ground. In my answers, which have been printed, and all
have had the opportunity of seeing, I take the ground that those who elect
me must expect that I will do nothing which will not be in accordance with
those answers. I have some right to assert that Judge Douglas has no fault
to find with them. But he chooses to still try to thrust me upon different
ground, without paying any attention to my answers, the obtaining of
which from me cost him so much trouble and concern. At the same time I
propounded four interrogatories to him, claiming it as a right that he
should answer as many interrogatories for me as I did for him, and I would
reserve myself for a future instalment when I got them ready. The Judge,
in answering me upon that occasion, put in what I suppose he intends
as answers to all four of my interrogatories. The first one of these
interrogatories I have before me, and it is in these words:
"Question 1.--If the people of Kansas shall, by means entirely
unobjectionable in all other respects, adopt a State constitution, and ask
admission into the Union under it, before they have the requisite
number of inhabitants according to the English bill,"--some ninety-three
thousand,--"will you vote to admit them?"
As I read the Judge's answer in the newspaper, and as I remember it as
pronounced at the time, he does not give any answer which is equivalent
to yes or no,--I will or I won't. He answers at very considerable length,
rather quarreling with me for asking the question, and insisting that
Judge Trumbull had done something that I ought to say something about, and
finally getting out such statements as induce me to infer that he means
to be understood he will, in that supposed case, vote for the admission of
Kansas. I only bring this forward now for the purpose of saying that if he
chooses to put a different construction upon his answer, he may do it. But
if he does not, I shall from this time forward assume that he will vote
for the admission of Kansas in disregard of the English bill. He has the
right to remove any misunderstanding I may have. I only mention it now,
that I may hereafter assume this to be the true construction of his
answer, if he does not now choose to correct me.
The second interrogatory that I propounded to him was this:
"Question 2.--Can the people of a United States Territory, 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?"
To this Judge Douglas answered that they can lawfully exclude slavery from
the Territory prior to the formation of a constitution. He goes on to tell
us how it can be done. As I understand him, he holds that it can be done
by the Territorial Legislature refusing to make any enactments for
the protection of slavery in the Territory, and especially by adopting
unfriendly legislation to it. For the sake of clearness, I state it again:
that they can exclude slavery from the Territory, 1st, by withholding
what he assumes to be an indispensable assistance to it in the way of
legislation; and, 2d, by unfriendly legislation. If I rightly understand
him, I wish to ask your attention for a while to his position.
In the first place, the Supreme Court of the United States has decided
that any Congressional prohibition of slavery in the Territories is
unconstitutional; that they have reached this proposition as a conclusion
from their former proposition, that the Constitution of the United
States expressly recognizes property in slaves, and from that other
Constitutional provision, that no person shall be deprived of property
without due process of law. Hence they reach the conclusion that as the
Constitution of the United States expressly recognizes property in slaves,
and prohibits any person from being deprived of property without due
process of law, to pass an Act of Congress by which a man who owned a
slave on one side of a line would be deprived of him if he took him on the
other side, is depriving him of that property without due process of law.
That I understand to be the decision of the Supreme Court. I understand
also that Judge Douglas adheres most firmly to that decision; and the
difficulty is, how is it possible for any power to exclude slavery
from the Territory, unless in violation of that decision? That is the
difficulty.
In the Senate of the United States, in 1850, Judge Trumbull, in a speech
substantially, if not directly, put the same interrogatory to Judge
Douglas, as to whether the people of a Territory had the lawful power to
exclude slavery prior to the formation of a constitution. Judge Douglas
then answered at considerable length, and his answer will be found in the
Congressional Globe, under date of June 9th, 1856. The Judge said that
whether the people could exclude slavery prior to the formation of a
constitution or not was a question to be decided by the Supreme Court.
He put that proposition, as will be seen by the Congressional Globe, in a
variety of forms, all running to the same thing in substance,--that it was
a question for the Supreme Court. I maintain that when he says, after the
Supreme Court have decided the question, that the people may yet exclude
slavery by any means whatever, he does virtually say that it is not a
question for the Supreme Court. He shifts his ground. I appeal to you
whether he did not say it was a question for the Supreme Court? Has not
the Supreme Court decided that question? when he now says the people may
exclude slavery, does he not make it a question for the people? Does he
not virtually shift his ground and say that it is not a question for the
Court, but for the people? This is a very simple proposition,--a very
plain and naked one. It seems to me that there is no difficulty in
deciding it. In a variety of ways he said that it was a question for the
Supreme Court. He did not stop then to tell us that, whatever the
Supreme Court decides, the people can by withholding necessary "police
regulations" keep slavery out. He did not make any such answer I submit
to you now whether the new state of the case has not induced the Judge to
sheer away from his original ground. Would not this be the impression of
every fair-minded man?
I hold that the proposition that slavery cannot enter a new country
without police regulations is historically false. It is not true at all.
I hold that the history of this country shows that the institution of
slavery was originally planted upon this continent without these "police
regulations," which the Judge now thinks necessary for the actual
establishment of it. Not only so, but is there not another fact: how came
this Dred Scott decision to be made? It was made upon the case of a negro
being taken and actually held in slavery in Minnesota Territory, claiming
his freedom because the Act of Congress prohibited his being so held
there. Will the Judge pretend that Dred Scott was not held there without
police regulations? There is at least one matter of record as to his
having been held in slavery in the Territory, not only without police
regulations, but in the teeth of Congressional legislation supposed to
be valid at the time. This shows that there is vigor enough in slavery
to plant itself in a new country even against unfriendly legislation. It
takes not only law, but the enforcement of law to keep it out. That is the
history of this country upon the subject.
I wish to ask one other question. It being understood that the
Constitution of the United States guarantees property in slaves in the
Territories, if there is any infringement of the right of that property,
would not the United States courts, organized for the government of the
Territory, apply such remedy as might be necessary in that case? It is a
maxim held by the courts that there is no wrong without its remedy; and
the courts have a remedy for whatever is acknowledged and treated as a
wrong.
Again: I will ask you, my friends, if you were elected members of the
Legislature, what would be the first thing you would have to do before
entering upon your duties? Swear to support the Constitution of the United
States. Suppose you believe, as Judge Douglas does, that the Constitution
of the United States guarantees to your neighbor the right to hold slaves
in that Territory; that they are his property: how can you clear your
oaths unless you give him such legislation as is necessary to enable
him to enjoy that property? What do you understand by supporting the
Constitution of a State, or of the United States? Is it not to give such
constitutional helps to the rights established by that Constitution as may
be practically needed? Can you, if you swear to support the Constitution,
and believe that the Constitution establishes a right, clear your oath,
without giving it support? Do you support the Constitution if, knowing
or believing there is a right established under it which needs specific
legislation, you withhold that legislation? Do you not violate and
disregard your oath? I can conceive of nothing plainer in the world. There
can be nothing in the words "support the Constitution," if you may run
counter to it by refusing support to any right established under the
Constitution. And what I say here will hold with still more force against
the Judge's doctrine of "unfriendly legislation." How could you, having
sworn to support the Constitution, and believing it guaranteed the right
to hold slaves in the Territories, assist in legislation intended
to defeat that right? That would be violating your own view of the
Constitution. Not only so, but if you were to do so, how long would
it take the courts to hold your votes unconstitutional and void? Not a
moment.
Lastly, I would ask: Is not Congress itself under obligation to give
legislative support to any right that is established under the United
States Constitution? I repeat the question: Is not Congress itself bound
to give legislative support to any right that is established in the
United States Constitution? A member of Congress swears to support the
Constitution of the United States: and if he sees a right established
by that Constitution which needs specific legislative protection, can he
clear his oath without giving that protection? Let me ask you why many of
us who are opposed to slavery upon principle give our acquiescence to a
Fugitive Slave law? Why do we hold ourselves under obligations to pass
such a law, and abide by it when it is passed? Because the Constitution
makes provision that the owners of slaves shall have the right to reclaim
them. It gives the right to reclaim slaves; and that right is, as Judge
Douglas says, a barren right, unless there is legislation that will
enforce it.
The mere declaration, "No person held to service or labor in one State
under the laws thereof, escaping into another, shall in consequence of any
law or regulation therein be discharged from such service or labor, but
shall be delivered up on claim of the party to whom such service or labor
may be due," is powerless without specific legislation to enforce it. Now,
on what ground would a member of Congress, who is opposed to slavery in
the abstract, vote for a Fugitive law, as I would deem it my duty to do?
Because there is a constitutional right which needs legislation to enforce
it. And although it is distasteful to me, I have sworn to support the
Constitution; and having so sworn, I cannot conceive that I do support
it if I withhold from that right any necessary legislation to make it
practical. And if that is true in regard to a Fugitive Slave law, is
the right to have fugitive slaves reclaimed any better fixed in the
Constitution than the right to hold slaves in the Territories? For this
decision is a just exposition of the Constitution, as Judge Douglas
thinks. Is the one right any better than the other? Is there any man who,
while a member of Congress, would give support to the one any more than
the other? If I wished to refuse to give legislative support to slave
property in the Territories, if a member of Congress, I could not do it,
holding the view that the Constitution establishes that right. If I did it
at all, it would be because I deny that this decision properly construes
the Constitution. But if I acknowledge, with Judge Douglas, that this
decision properly construes the Constitution, I cannot conceive that I
would be less than a perjured man if I should refuse in Congress to give
such protection to that property as in its nature it needed.
At the end of what I have said here I propose to give the Judge my fifth
interrogatory, which he may take and answer at his leisure. My fifth
interrogatory is this:
If the slaveholding citizens of a United States Territory should need
and demand Congressional legislation for the protection of their slave
property in such Territory, would you, as a member of Congress, vote for
or against such legislation?
[Judge DOUGLAS: Will you repeat that? I want to answer that question.]
If the slaveholding citizens of a United States Territory should need
and demand Congressional legislation for the protection of their slave
property in such Territory, would you, as a member of Congress, vote for
or against such legislation?
I am aware that in some of the speeches Judge Douglas has made, he has
spoken as if he did not know or think that the Supreme Court had decided
that a Territorial Legislature cannot exclude slavery. Precisely what the
Judge would say upon the subject--whether he would say definitely that he
does not understand they have so decided, or whether he would say he does
understand that the court have so decided,--I do not know; but I know
that in his speech at Springfield he spoke of it as a thing they had not
decided yet; and in his answer to me at Freeport, he spoke of it, so far,
again, as I can comprehend it, as a thing that had not yet been decided.
Now, I hold that if the Judge does entertain that view, I think that he
is not mistaken in so far as it can be said that the court has not
decided anything save the mere question of jurisdiction. I know the legal
arguments that can be made,--that after a court has decided that it cannot
take jurisdiction in a case, it then has decided all that is before it,
and that is the end of it. A plausible argument can be made in favor of
that proposition; but I know that Judge Douglas has said in one of his
speeches that the court went forward, like honest men as they were,
and decided all the points in the case. If any points are really
extra-judicially decided, because not necessarily before them, then this
one as to the power of the Territorial Legislature, to exclude slavery
is one of them, as also the one that the Missouri Compromise was null and
void. They are both extra-judicial, or neither is, according as the
court held that they had no jurisdiction in the case between the parties,
because of want of capacity of one party to maintain a suit in that court.
I want, if I have sufficient time, to show that the court did pass its
opinion; but that is the only thing actually done in the case. If they did
not decide, they showed what they were ready to decide whenever the matter
was before them. What is that opinion? After having argued that Congress
had no power to pass a law excluding slavery from a United States
Territory, they then used language to this effect: That inasmuch as
Congress itself could not exercise such a power, it followed as a matter
of course that it could not authorize a Territorial government to exercise
it; for the Territorial Legislature can do no more than Congress could
do. Thus it expressed its opinion emphatically against the power of a
Territorial Legislature to exclude slavery, leaving us in just as little
doubt on that point as upon any other point they really decided.
Now, my fellow-citizens, I will detain you only a little while longer; my
time is nearly out. I find a report of a speech made by Judge Douglas
at Joliet, since we last met at Freeport,--published, I believe, in the
Missouri Republican, on the 9th of this month, in which Judge Douglas
says:
"You know at Ottawa I read this platform, and asked him if he concurred in
each and all of the principles set forth in it. He would not answer these
questions. At last I said frankly, I wish you to answer them, because when
I get them up here where the color of your principles are a little darker
than in Egypt, I intend to trot you down to Jonesboro. The very notice
that I was going to take him down to Egypt made him tremble in his knees
so that he had to be carried from the platform. He laid up seven days, and
in the meantime held a consultation with his political physicians; they
had Lovejoy and Farnsworth and all the leaders of the Abolition party,
they consulted it all over, and at last Lincoln came to the conclusion
that he would answer, so he came up to Freeport last Friday."
Now, that statement altogether furnishes a subject for philosophical
contemplation. I have been treating it in that way, and I have really come
to the conclusion that I can explain it in no other way than by believing
the Judge is crazy. If he was in his right mind I cannot conceive how he
would have risked disgusting the four or five thousand of his own friends
who stood there and knew, as to my having been carried from the platform,
that there was not a word of truth in it.
[Judge DOUGLAS: Did n't they carry you off?]
There that question illustrates the character of this man Douglas exactly.
He smiles now, and says, "Did n't they carry you off?" but he said then
"he had to be carried off"; and he said it to convince the country that
he had so completely broken me down by his speech that I had to be carried
away. Now he seeks to dodge it, and asks, "Did n't they carry you off?"
Yes, they did. But, Judge Douglas, why didn't you tell the truth? I would
like to know why you did n't tell the truth about it. And then again "He
laid up seven days." He put this in print for the people of the country to
read as a serious document. I think if he had been in his sober senses he
would not have risked that barefacedness in the presence of thousands of
his own friends who knew that I made speeches within six of the seven days
at Henry, Marshall County, Augusta, Hancock County, and Macomb, McDonough
County, including all the necessary travel to meet him again at Freeport
at the end of the six days. Now I say there is no charitable way to look
at that statement, except to conclude that he is actually crazy. There is
another thing in that statement that alarmed me very greatly as he states
it, that he was going to "trot me down to Egypt." Thereby he would have
you infer that I would not come to Egypt unless he forced me--that I
could not be got here unless he, giant-like, had hauled me down here. That
statement he makes, too, in the teeth of the knowledge that I had made the
stipulation to come down here and that he himself had been very reluctant
to enter into the stipulation. More than all this: Judge Douglas, when
he made that statement, must have been crazy and wholly out of his sober
senses, or else he would have known that when he got me down here, that
promise--that windy promise--of his powers to annihilate me, would n't
amount to anything. Now, how little do I look like being carried away
trembling? Let the Judge go on; and after he is done with his half-hour, I
want you all, if I can't go home myself, to let me stay and rot here; and
if anything happens to the Judge, if I cannot carry him to the hotel and
put him to bed, let me stay here and rot. I say, then, here is something
extraordinary in this statement. I ask you if you know any other living
man who would make such a statement? I will ask my friend Casey, over
there, if he would do such a thing? Would he send that out and have his
men take it as the truth? Did the Judge talk of trotting me down to Egypt
to scare me to death? Why, I know this people better than he does. I was
raised just a little east of here. I am a part of this people. But the
Judge was raised farther north, and perhaps he has some horrid idea of
what this people might be induced to do. But really I have talked about
this matter perhaps longer than I ought, for it is no great thing; and yet
the smallest are often the most difficult things to deal with. The Judge
has set about seriously trying to make the impression that when we meet
at different places I am literally in his clutches--that I am a poor,
helpless, decrepit mouse, and that I can do nothing at all. This is one
of the ways he has taken to create that impression. I don't know any other
way to meet it except this. I don't want to quarrel with him--to call him
a liar; but when I come square up to him I don't know what else to call
him if I must tell the truth out. I want to be at peace, and reserve all
my fighting powers for necessary occasions. My time now is very nearly
out, and I give up the trifle that is left to the Judge, to let him set my
knees trembling again, if he can. set my knees trembling again, if he can.
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