The Papers And Writings Of Abraham Lincoln — Volume 5: 1858-1862

What is the Dred Scott decision? Judge Douglas labors to show that it is one thing, while I think it is altogether different. It is a long opinion, but it is all embodied in this short statement: "The Constitution of the United States forbids Congress to deprive a man of his property, without due process of law; the right of property in slaves is distinctly and expressly affirmed in that Constitution: therefore, if Congress shall undertake to say that a man's slave is no longer his slave when he crosses a certain line into a Territory, that is depriving him of his property without due process of law, and is unconstitutional." There is the whole Dred Scott decision. They add that if Congress cannot do so itself, Congress cannot confer any power to do so; and hence any effort by the Territorial Legislature to do either of these things is absolutely decided against. It is a foregone conclusion by that court.

Now, as to this indirect mode by "unfriendly legislation," all lawyers here will readily understand that such a proposition cannot be tolerated for a moment, because a legislature cannot indirectly do that which it cannot accomplish directly. Then I say any legislation to control this property, as property, for its benefit as property, would be hailed by this Dred Scott Supreme Court, and fully sustained; but any legislation driving slave property out, or destroying it as property, directly or indirectly, will most assuredly, by that court, be held unconstitutional.

Judge Douglas says if the Constitution carries slavery into the Territories, beyond the power of the people of the Territories to control it as other property; then it follows logically that every one who swears to support the Constitution of the United States must give that support to that property which it needs. And, if the Constitution carries slavery into the Territories, beyond the power of the people, to control it as other property, then it also carries it into the States, because the Constitution is the supreme law of the land. Now, gentlemen, if it were not for my excessive modesty, I would say that I told that very thing to Judge Douglas quite a year ago. This argument is here in print, and if it were not for my modesty, as I said, I might call your attention to it. If you read it, you will find that I not only made that argument, but made it better than he has made it since.

There is, however, this difference: I say now, and said then, there is no sort of question that the Supreme Court has decided that it is the right of the slave holder to take his slave and hold him in the Territory; and saying this, judge Douglas himself admits the conclusion. He says if that is so, this consequence will follow; and because this consequence would follow, his argument is, the decision cannot, therefore, be that way, — "that would spoil my popular sovereignty; and it cannot be possible that this great principle has been squelched out in this extraordinary way. It might be, if it were not for the extraordinary consequences of spoiling my humbug."

Another feature of the judge's argument about the Dred Scott case is, an effort to show that that decision deals altogether in declarations of negatives; that the Constitution does not affirm anything as expounded by the Dred Scott decision, but it only declares a want of power a total absence of power, in reference to the Territories. It seems to be his purpose to make the whole of that decision to result in a mere negative declaration of a want of power in Congress to do anything in relation to this matter in the Territories. I know the opinion of the Judges states that there is a total absence of power; but that is, unfortunately; not all it states: for the judges add that the right of property in a slave is distinctly and expressly affirmed in the Constitution. It does not stop at saying that the right of property in a slave is recognized in the Constitution, is declared to exist somewhere in the Constitution, but says it is affirmed in the Constitution. Its language is equivalent to saying that it is embodied and so woven in that instrument that it cannot be detached without breaking the Constitution itself. In a word, it is part of the Constitution.

Douglas is singularly unfortunate in his effort to make out that decision to be altogether negative, when the express language at the vital part is that this is distinctly affirmed in the Constitution. I think myself, and I repeat it here, that this decision does not merely carry slavery into the Territories, but by its logical conclusion it carries it into the States in which we live. One provision of that Constitution is, that it shall be the supreme law of the land, — I do not quote the language, — any constitution or law of any State to the contrary notwithstanding. This Dred Scott decision says that the right of property in a slave is affirmed in that Constitution which is the supreme law of the land, any State constitution or law notwithstanding. Then I say that to destroy a thing which is distinctly affirmed and supported by the supreme law of the land, even by a State constitution or law, is a violation of that supreme law, and there is no escape from it. In my judgment there is no avoiding that result, save that the American people shall see that constitutions are better construed than our Constitution is construed in that decision. They must take care that it is more faithfully and truly carried out than it is there expounded.

I must hasten to a conclusion. Near the beginning of my remarks I said that this insidious Douglas popular sovereignty is the measure that now threatens the purpose of the Republican party to prevent slavery from being nationalized in the United States. I propose to ask your attention for a little while to some propositions in affirmance of that statement. Take it just as it stands, and apply it as a principle; extend and apply that principle elsewhere; and consider where it will lead you. I now put this proposition, that Judge Douglas's popular sovereignty applied will reopen the African slave trade; and I will demonstrate it by any variety of ways in which you can turn the subject or look at it.

The Judge says that the people of the Territories have the right, by his principle, to have slaves, if they want them. Then I say that the people in Georgia have the right to buy slaves in Africa, if they want them; and I defy any man on earth to show any distinction between the two things, — to show that the one is either more wicked or more unlawful; to show, on original principles, that one is better or worse than the other; or to show, by the Constitution, that one differs a whit from the other. He will tell me, doubtless, that there is no constitutional provision against people taking slaves into the new Territories, and I tell him that there is equally no constitutional provision against buying slaves in Africa. He will tell you that a people, in the exercise of popular sovereignty, ought to do as they please about that thing, and have slaves if they want them; and I tell you that the people of Georgia are as much entitled to popular sovereignty and to buy slaves in Africa, if they want them, as the people of the Territory are to have slaves if they want them. I ask any man, dealing honestly with himself, to point out a distinction.

I have recently seen a letter of Judge Douglas's in which, without stating that to be the object, he doubtless endeavors to make a distinction between the two. He says he is unalterably opposed to the repeal of the laws against the African slave trade. And why? He then seeks to give a reason that would not apply to his popular sovereignty in the Territories. What is that reason? "The abolition of the African slave trade is a compromise of the Constitution!" I deny it. There is no truth in the proposition that the abolition of the African slave trade is a compromise of the Constitution. No man can put his finger on anything in the Constitution, or on the line of history, which shows it. It is a mere barren assertion, made simply for the purpose of getting up a distinction between the revival of the African slave trade and his "great principle."

At the time the Constitution of the United States was adopted, it was expected that the slave trade would be abolished. I should assert and insist upon that, if judge Douglas denied it. But I know that it was equally expected that slavery would be excluded from the Territories, and I can show by history that in regard to these two things public opinion was exactly alike, while in regard to positive action, there was more done in the Ordinance of '87 to resist the spread of slavery than was ever done to abolish the foreign slave trade. Lest I be misunderstood, I say again that at the time of the formation of the Constitution, public expectation was that the slave trade would be abolished, but no more so than the spread of slavery in the Territories should be restrained. They stand alike, except that in the Ordinance of '87 there was a mark left by public opinion, showing that it was more committed against the spread of slavery in the Territories than against the foreign slave trade.

Compromise! What word of compromise was there about it? Why, the public sense was then in favor of the abolition of the slave trade; but there was at the time a very great commercial interest involved in it, and extensive capital in that branch of trade. There were doubtless the incipient stages of improvement in the South in the way of farming, dependent on the slave trade, and they made a proposition to Congress to abolish the trade after allowing it twenty years, — a sufficient time for the capital and commerce engaged in it to be transferred to other channel. They made no provision that it should be abolished in twenty years; I do not doubt that they expected it would be, but they made no bargain about it. The public sentiment left no doubt in the minds of any that it would be done away. I repeat, there is nothing in the history of those times in favor of that matter being a compromise of the constitution. It was the public expectation at the time, manifested in a thousand ways, that the spread of slavery should also be restricted.

Then I say, if this principle is established, that there is no wrong in slavery, and whoever wants it has a right to have it, is a matter of dollars and cents, a sort of question as to how they shall deal with brutes, that between us and the negro here there is no sort of question, but that at the South the question is between the negro and the crocodile, that is all, it is a mere matter of policy, there is a perfect right, according to interest, to do just as you please, — when this is done, where this doctrine prevails, the miners and sappers will have formed public opinion for the slave trade. They will be ready for Jeff. Davis and Stephens and other leaders of that company to sound the bugle for the revival of the slave trade, for the second Dred Scott decision, for the flood of slavery to be poured over the free States, while we shall be here tied down and helpless and run over like sheep.

It is to be a part and parcel of this same idea to say to men who want to adhere to the Democratic party, who have always belonged to that party, and are only looking about for some excuse to stick to it, but nevertheless hate slavery, that Douglas's popular sovereignty is as good a way as any to oppose slavery. They allow themselves to be persuaded easily, in accordance with their previous dispositions, into this belief, that it is about as good a way of opposing slavery as any, and we can do that without straining our old party ties or breaking up old political associations. We can do so without being called negro-worshipers. We can do that without being subjected to the jibes and sneers that are so readily thrown out in place of argument where no argument can be found. So let us stick to this popular sovereignty, — this insidious popular sovereignty.

Now let me call your attention to one thing that has really happened, which shows this gradual and steady debauching of public opinion, this course of preparation for the revival of the slave trade, for the Territorial slave code, and the new Dred Scott decision that is to carry slavery into the Free States. Did you ever, five years ago, hear of anybody in the world saying that the negro had no share in the Declaration of National Independence; that it does not mean negroes at all; and when "all men" were spoken of, negroes were not included?

I am satisfied that five years ago that proposition was not put upon paper by any living being anywhere. I have been unable at any time to find a man in an audience who would declare that he had ever known of anybody saying so five years ago. But last year there was not a Douglas popular sovereign in Illinois who did not say it. Is there one in Ohio but declares his firm belief that the Declaration of Independence did not mean negroes at all? I do not know how this is; I have not been here much; but I presume you are very much alike everywhere. Then I suppose that all now express the belief that the Declaration of Independence never did mean negroes. I call upon one of them to say that he said it five years ago.

If you think that now, and did not think it then, the next thing that strikes me is to remark that there has been a change wrought in you, — and a very significant change it is, being no less than changing the negro, in your estimation, from the rank of a man to that of a brute. They are taking him down and placing him, when spoken of, among reptiles and crocodiles, as Judge Douglas himself expresses it.

Is not this change wrought in your minds a very important change? Public opinion in this country is everything. In a nation like ours, this popular sovereignty and squatter sovereignty have already wrought a change in the public mind to the extent I have stated. There is no man in this crowd who can contradict it.

Now, if you are opposed to slavery honestly, as much as anybody, I ask you to note that fact, and the like of which is to follow, to be plastered on, layer after layer, until very soon you are prepared to deal with the negro every where as with the brute. If public sentiment has not been debauched already to this point, a new turn of the screw in that direction is all that is wanting; and this is constantly being done by the teachers of this insidious popular sovereignty. You need but one or two turns further, until your minds, now ripening under these teachings, will be ready for all these things, and you will receive and support, or submit to, the slave trade, revived with all its horrors, a slave code enforced in our Territories, and a new Dred Scott decision to bring slavery up into the very heart of the free North. This, I must say, is but carrying out those words prophetically spoken by Mr. Clay, — many, many years ago, — I believe more than thirty years, when he told an audience that if they would repress all tendencies to liberty and ultimate emancipation they must go back to the era of our independence, and muzzle the cannon which thundered its annual joyous return on the Fourth of July; they must blow out the moral lights around us; they must penetrate the human soul, and eradicate the love of liberty: but until they did these things, and others eloquently enumerated by him, they could not repress all tendencies to ultimate emancipation.

I ask attention to the fact that in a pre-eminent degree these popular sovereigns are at this work: blowing out the moral lights around us; teaching that the negro is no longer a man, but a brute; that the Declaration has nothing to do with him; that he ranks with the crocodile and the reptile; that man, with body and soul, is a matter of dollars and cents. I suggest to this portion of the Ohio Republicans, or Democrats, if there be any present, the serious consideration of this fact that there is now going on among you a steady process of debauching public opinion on this subject. With this, my friends, I bid you adieu.

SPEECH AT CINCINNATI OHIO, SEPTEMBER 17, 1859

My Fellow-Citizens of the State of Ohio: This is the first time in my life that I have appeared before an audience in so great a city as this: I therefore — though I am no longer a young man — make this appearance under some degree of embarrassment. But I have found that when one is embarrassed, usually the shortest way to get through with it is to quit talking or thinking about it, and go at something else.

I understand that you have had recently with you my very distinguished friend Judge Douglas, of Illinois; and I understand, without having had an opportunity (not greatly sought, to be sure) of seeing a report of the speech that he made here, that he did me the honor to mention my humble name. I suppose that he did so for the purpose of making some objection to some sentiment at some time expressed by me. I should expect, it is true, that judge Douglas had reminded you, or informed you, if you had never before heard it, that I had once in my life declared it as my opinion that this government cannot endure permanently, half slave and half free; that a house divided against itself cannot stand, and, as I had expressed it, I did not expect the house to fall, that I did not expect the Union to be dissolved, but that I did expect that it would cease to be divided, that it would become all one thing, or all the other; that either the opponents of slavery would arrest the further spread of it, and place it where the public mind would rest in the belief that it was in the course of ultimate extinction, or the friends of slavery will push it forward until it becomes alike lawful in all the States, old or new, free as well as slave. I did, fifteen months ago, express that opinion, and upon many occasions Judge Douglas has denounced it, and has greatly, intentionally or unintentionally, misrepresented my purpose in the expression of that opinion.

I presume, without having seen a report of his speech, that he did so here. I presume that he alluded also to that opinion, in different language, having been expressed at a subsequent time by Governor Seward of New York, and that he took the two in a lump and denounced them; that he tried to point out that there was something couched in this opinion which led to the making of an entire uniformity of the local institutions of the various States of the Union, in utter disregard of the different States, which in their nature would seem to require a variety of institutions and a variety of laws, conforming to the differences in the nature of the different States.

Not only so: I presume he insisted that this was a declaration of war between the free and slave States, that it was the sounding to the onset of continual war between the different States, the slave and free States.

This charge, in this form, was made by Judge Douglas on, I believe, the 9th of July, 1858, in Chicago, in my hearing. On the next evening, I made some reply to it. I informed him that many of the inferences he drew from that expression of mine were altogether foreign to any purpose entertained by me, and in so far as he should ascribe these inferences to me, as my purpose, he was entirely mistaken; and in so far as he might argue that, whatever might be my purpose, actions conforming to my views would lead to these results, he might argue and establish if he could; but, so far as purposes were concerned, he was totally mistaken as to me.

When I made that reply to him, I told him, on the question of declaring war between the different States of the Union, that I had not said that I did not expect any peace upon this question until slavery was exterminated; that I had only said I expected peace when that institution was put where the public mind should rest in the belief that it was in course of ultimate extinction; that I believed, from the organization of our government until a very recent period of time, the institution had been placed and continued upon such a basis; that we had had comparative peace upon that question through a portion of that period of time, only because the public mind rested in that belief in regard to it, and that when we returned to that position in relation to that matter, I supposed we should again have peace as we previously had. I assured him, as I now, assure you, that I neither then had, nor have, or ever had, any purpose in any way of interfering with the institution of slavery, where it exists. I believe we have no power, under the Constitution of the United States, or rather under the form of government under which we live, to interfere with the institution of slavery, or any other of the institutions of our sister States, be they free or slave States. I declared then, and I now re-declare, that I have as little inclination to interfere with the institution of slavery where it now exists, through the instrumentality of the General Government, or any other instrumentality, as I believe we have no power to do so. I accidentally used this expression: I had no purpose of entering into the slave States to disturb the institution of slavery. So, upon the first occasion that Judge Douglas got an opportunity to reply to me, he passed by the whole body of what I had said upon that subject, and seized upon the particular expression of mine that I had no purpose of entering into the slave States to disturb the institution of slavery. "Oh, no," said he, "he [Lincoln] won't enter into the slave States to disturb the institution of slavery, he is too prudent a man to do such a thing as that; he only means that he will go on to the line between the free and slave States, and shoot over at them. This is all he means to do. He means to do them all the harm he can, to disturb them all he can, in such a way as to keep his own hide in perfect safety."

Well, now, I did not think, at that time, that that was either a very dignified or very logical argument but so it was, I had to get along with it as well as I could.

It has occurred to-me here to-night that if I ever do shoot over the line at the people on the other side of the line into a slave State, and purpose to do so, keeping my skin safe, that I have now about the best chance I shall ever have. I should not wonder if there are some Kentuckians about this audience — we are close to Kentucky; and whether that be so or not, we are on elevated ground, and, by speaking distinctly, I should not wonder if some of the Kentuckians would hear me on the other side of the river. For that reason I propose to address a portion of what I have to say to the Kentuckians.

I say, then, in the first place, to the Kentuckians, that I am what they call, as I understand it, a "Black Republican." I think slavery is wrong, morally and politically. I desire that it should be no further spread in — these United States, and I should not object if it should gradually terminate in the whole Union. While I say this for myself, I say to you Kentuckians that I understand you differ radically with me upon this proposition; that you believe slavery is a good thing; that slavery is right; that it ought to be extended and perpetuated in this Union. Now, there being this broad difference between us, I do not pretend, in addressing myself to you Kentuckians, to attempt proselyting you; that would be a vain effort. I do not enter upon it. I only propose to try to show you that you ought to nominate for the next Presidency, at Charleston, my distinguished friend Judge Douglas. In all that there is a difference between you and him, I understand he is sincerely for you, and more wisely for you than you are for yourselves. I will try to demonstrate that proposition. Understand, now, I say that I believe he is as sincerely for you, and more wisely for you, than you are for yourselves.

What do you want more than anything else to make successful your views of slavery, — to advance the outspread of it, and to secure and perpetuate the nationality of it? What do you want more than anything else? What — is needed absolutely? What is indispensable to you? Why, if I may, be allowed to answer the question, it is to retain a hold upon the North, it is to retain support and strength from the free States. If you can get this support and strength from the free States, you can succeed. If you do not get this support and this strength from the free States, you are in the minority, and you are beaten at once.

If that proposition be admitted, — and it is undeniable, — then the next thing I say to you is, that Douglas, of all the men in this nation, is the only man that affords you any hold upon the free States; that no other man can give you any strength in the free States. This being so, if you doubt the other branch of the proposition, whether he is for you — whether he is really for you, as I have expressed it, — I propose asking your attention for a while to a few facts.