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in any State of this Union, or to interfere with it directly or indirectly? Of course he will not contend that. Then what is to be his mode of carrying out his principle, by which slavery shall be abolished in all of the States? Mr. Lincoln certainly does not speak at random. He is a lawyer, an eminent lawyer, and his profession is to know the remedy for every wrong. What is his remedy for this imaginary wrong which he supposes to exist? The Constitution of the United States provides that it may be amended by Congress passing an amendment by a two-thirds majority of each house, which shall be ratified by three-fourths of the States, and the inference is that Mr. Lincoln intends to carry this slavery agitation into Congress with the view of amending the Constitution so that slavery can be abolished in all the States of the Union. In other words, he is not going to allow one portion of the Union to be slave and another portion to be free; he is not going to permit the house to be divided against itself. He is going to remedy it by lawful and constitutional means. What are to be these means? How can he abolish slavery in those States where it exists? There is but one mode by which a political organization, composed of men in the free States, can abolish slavery in the slaveholding States, and that would be to abolish the State Legislatures, blot out of existence the State sovereignties, invest Congress with full and plenary power over all the local and domestic and police regulations of the different States of this Union. Then there would be uniformity in the local concerns and domestic institutions of the different States; then the house would be no longer divided against itself; then the States would all be free, or they would all be slave; then you would have uniformity prevailing throughout this whole land in the local and domestic institutions, but it would be a uniformity not of liberty, but a uniformity of despotism that would triumph. I submit to you, my fellow-citizens, whether this is not the logical consequence of Mr. Lincoln's proposition? I have called on Mr. Lincoln to explain what he did mean, if he did not mean this, and he has made a speech at Chicago, in which he attempts to explain. And how does he explain? I will give him the benefit of his own language, precisely as it was reported in the Republican papers of that city, after undergoing his revision.

"I have said a hundred times, and have now no inclination to take it back, that I believe there is no right and ought to be no inclination in the people of the free States to enter into the slave States and interfere with the question of slavery at all."

He believes there is no right on the part of the free people of the free States to enter the slave States aud interfere with the question of slavery, hence he does not propose to go into Kentucky and stir up a civil war and a servile war between the blacks and the whites. All he proposes is to invite the people of Illinois and every other free State to band together as one sectional party, governed and divided by a geographical line, to make war upon the institution of slavery in the slaveholding States. He is going to carry it out by means of a political party, that has its adherents only in the free States; a political party, that does not pretend that it can give a solitary vote in the slave States of the Union; and by this sectional vote he is going to elect a President of the United States; form a Cabinet and administer the Government on sectional grounds, being the power of the North over that of the South. In other words, he invites a war of the North against the South, a warfare of the free States against the slaveholding States. He asks all men in the free States to conspire to exterminate slavery in the Southern States, so as to make them all free, and then he notifies the South that unless they are going to submit to our efforts to exterminate their institutions, they must band together and plant slavery in Illinois and every Northern State. He says that the States must all be free or must all be slave. On this point I take issue with him directly. I assert that Illinois has a right to decide the slavery question for herself. We have decided it, and I think we have done it wisely; but whether wisely or unwisely, it is our business, and the people of no other State have any right to interfere with us, directly or indirectly. Claiming as we do this right for ourselves, we must concede it to every other State, to be exercised by them respectively.

Now, Mr. Lincoln says that he will not enter into Kentucky to abolish slavery there, but that all he will do is to fight slavery in Kentucky from Illinois. He will not go over there to set fire to the match. I do not think he would. Mr. Lincoln is a very prudent man. He would not deem it wise to go over into Kentucky to stir up this strife, but he would do it from this side of the river. Permit me to inquire whether the wrong, the outrage of interference by one State with the local concerns of another, is worse when you actually invade them than it would be if you carried on the warfare from another State? For the purpose of illustration, suppose the British Government should plant a battery on the Niagara river opposite Buffalo and throw their shells over into Buffalo, where they should explode and blow up the houses and destroy the town. We call the British Government to an account, and they say, in the language of Mr. Lincoln, we did not enter into the limits of the United States to interfere with you; we planted the battery on our own soil, and had a right to shoot from our own soil, and if our shells and balls fell in Buffalo and killed your inhabitants, why, it is your look-out, not ours. Thus, Mr. Lincoln is going to plant his Abolition batteries all along the banks of the Ohio river, and throw his shells into Virginia and Kentucky and into Missouri, and blow up the institution of slavery, and when we arraign him for his unjust interference with the iustitutions of the other States, he says, "Why, I never did enter into Kentucky to interfere with her; I do not propose to do it; I only propose to take care of my own head by keeping on this side of the river, out of harm's way." But yet, he says he is going to persevere in this system of sectional warfare, and I have no doubt he is sincere in what he says. He says that the existence of the Union depends upon his success in firing into these slave States until he exterminates them. He says that unless he shall play his batteries successfully, so as to abolish slavery in every one of the States, that the Union shall be dissolved; and he says that a dissolution of the Union would be a terrible calamity. Of course it would. We are all friends of the Union. We all believeI do that our lives, our liberties, our hopes in the future depend upon the preservation and perpetuity of this glorious Union. I believe that the hopes of the friends of liberty throughout the world depend upon the perpetuity of the American Union. But while I believe that my mode of preserving the Union is a very different one from that of Mr. Lincoln, I believe that the Union can only be preserved by maintaining inviolate the Constitution of the United States as our fathers have made it. That Constitution guarantees to the people of every State the right to have slavery or not have it; to have negroes or not have them; to have Maine liquor laws or not have them; to have just such institutions as they choose, each State being left free to decide for itself. The framers of that Constitution never conceived the idea that uniformity in the domestic institutions of the different States was either desirable or possible. They well understood that the laws and institutions which would be well adapted to the granite hills of New Hampshire, would be unfit for the rice plantations of South Carolina; they well understood that each one of the thirteen States had distinct and separate interests, and required distinct and separate local laws and local institutions. And in view of that fact they provided that each State should retain its sovereign power within its own limits, with the right to make just such laws and just such institutions as it saw proper, under the belief that no two of them would be alike. If they had supposed that uniformity was desirable and possible, why did they provide for a separate Legislature for each State? Why did they not blot out State sovereignty and State Legislatures, and give all the power to Congress, in order that the laws might be uniform? For the very reason that uniformity, in their opinion, was neither desirable or possible. We have increased from thirteen States to thirty-two States, and just in proportion as the number of States increases and our territory expands, there will be a still greater variety and dissimilarity of climate, of production and of interest, requiring a corresponding dissimilarity and variety in the local laws and institutions adapted thereto. The laws that are necessary in the mining regions of California, would be totally useless and vicious on the prairies of Illinois; the laws that would suit the lumber regions of Maine or of Minnesota, would be totally useless and valueless in the tobacco regions of Virginia and Kentucky; the laws which would suit the manufacturing districts of New England, would be totally unsuited to the planting regions of the Carolinas, of Georgia, and of Louisiana. Each State is supposed to have interests separate and distinct from each and every other, and hence must have laws different from each and every other State, in order that its laws shall be adapted to the condition and necessities of the people. Hence I insist that our institutions rest on the theory that there shall be dissimilarity and variety in the local laws and institutions of the different States instead of all being uniform; and you find, my friends, that Mr. Lincoln and myself differ radically and totally on the fundamental principles of this Government. He goes for consolidation, for uniformity in our local institutions, for blotting out State rights and State sovereignty, and consolidating all the power in the Federal Government, for converting these thirty-two sovereign States into one Empire, and making uniformity throughout the length and breadth of the land. On the other hand, I go for maintaining the authority of the Federal Government within the limits marked out by the Constitution, and then for maintaining and preserving the sovereignty of each and all of the States of the Union, in order that each State may regulate and adopt its own local institutions in its own way, without interference from any power whatsoever. Thus you find there is a distinct issue of principles-principles irreconcilable-between Mr. Lincoln and myself. He goes for consolidation and uniformity in our Government. I go for maintaining the confederation of the sovereign States under the Constitution, as our fathers made it, leaving each State at liberty to manage its own affairs and own internal institutions.

Mr. Lincoln makes another point upon me, and rests his whole case upon these two points. His last point is, that he will wage a warfare upon the Supreme Court of the United States because of the Dred Scott decision. He takes occasion, in his speech made before the Republican Convention, in my absence, to arraign me, not only for having expressed my acquiesence in that decision, but to charge me with being a conspirator with that court in devising that decision three years before Dred Scott ever thought of commencing a suit for his freedom. The object of his speech was to convey the idea to the people that the court could not be trusted, that the late President could not be trusted, that the present one could not be trusted, and that Mr. Douglas could not be trusted; that they were all conspirators in bringing about that corrupt decision, to which Mr. Lincoln is determined he will never yield a willing

obedience.

He makes two points upon the Dred Scott decision. The first is that he objects to it because the court decided that negroes descended of slave parents are not citizens of the United States; and secondly, because they have decided that the act of Congress, passed 8th of March, 1820, prohibiting slavery in all of the Territories north of 36° 30', was unconstitutional and void, and hence did not have effect in emancipating a slave brought into that Territory. And he will not submit to that decision. He says that he will not fight the Judges or the United States Marshals in order to liberate Dred Scott, but that he will not respect that decision, as a rule of law binding on this country, in the future. Why not? Because, he says, it is unjust. How is he going to remedy it? Why, he says he is going to reverse it. How? He is going to take an appeal. To whom is he going to appeal? The Constitution of the United States provides that the Supreme Court is the ultimate tribunal, the highest judicial tribunal on earth, and Mr. Lincoln is going to appeal from that. To whom? I know he appealed to the Republican State Convention of Illinois, and I believe that Convention reversed the decision, but I am not aware that they have yet carried it into effect. How are they going to make that reversal effectual? Why, Mr. Lincoln tells us in his late Chicago speech. He explains it as clear as light. He says to the people of Illinois that if you elect him to the Senate he will introduce a bill to re-enact the law which the Court pronounced unconstitutional. [Shouts of laughter, and voices, "Spot the law."] Yes, he is going to spot the law. The court pronounces that law, prohibiting slavery, unconstitutional and void, and Mr. Lincoln is going to pass an act reversing that decision and making it valid. I never heard before of an appeal being taken from the Supreme Court to the Congress of the United States to reverse its decision. I have heard of appeals being taken from Congress to the Supreme Court to declare a statute void. That has been done from the earliest days of Chief Justice Marshall, down to the present time.

The Supreme Court of Illinois do not hesitate to pronounce an act of the Legislature void, as being repugnant to the Constitution, and the Supreme Court of the United States is vested by the Constitution with that very power. The Constitution says that the judicial power of the United States shall be vested in the Supreme Court, and such inferior courts as Congress shall, from time to time, ordain and establish. Hence it is the province and duty of the Supreme Court to pronounce judgment on the validity and constitutionality of an act of Congress. In this case they have done so, and Mr. Lincoln will not submit to it, and he is going to reverse it by another act of Congress of the same tenor. My opinion is that Mr. Lincoln ought to be on the supreme bench himself, when the Republicans get into power, if that kind of law knowledge qualifies a man for the bench. But Mr. Lincoln intimates that there is another mode by which he can reverse the Dred Scott decision. How is that? Why, he is going to appeal to the people to elect a President who will appoint judges who will reverse the Dred Scott decision. Well, let us see how that is going to be done. First, he has to carry on his sectional organization, a party confined to the free States, making war upon the slaveholding States until he gets a Republican President elected. [" He never will, sir."] I do not believe he ever will. But suppose he should; when that Republican President shall have taken his seat (Mr. Seward, for instance), will he then proceed to appoint judges? No! he will have to wait until the present judges die before he can do that, and perhaps his four years would be out before a majority of these judges found it agreeable to die; and it is very possible, too, that Mr. Lincoln's senatorial term would expire before these judges would be accommodating enough to die. If it should so happen I do not see a very great prospect for Mr. Lincoln to reverse the Dred Scott decision. But suppose they should die, then how are the new judges to be appointed? Why, the Republican President is to call upon the candidates and catechise them, and ask them, "How will you decide this case if I appoint you iudge?" Suppose, for instance, Mr. Lincoln to be a candidate for a vacancy on the supreme bench to fill Chief Justice Taney's place, and when he applied to Seward, the latter would say, "Mr. Lincoln, I cannot appoint you until I know how you will decide the Dred Scott case?" Mr. Lincoln tells him, and then asks him how he will decide Tom Jones's case, and Bill Wilson's case, and thus catechises the judge as to how he will decide any case which may arise before him. Suppose you get a Supreme Court composed of such judges, who have been appointed by a partisan President upon their giving pledges how they would decide a case before it arose, what confidence would you have in such a court?

Would not your court be prostituted beneath the contempt of all mankind? What man would feel that his liberties were safe, his right of person or property was secure, if the supreme bench, that august tribunal, the highest on earth, was brought down to that low, dirty pool wherein the judges are to give pledges in advance how they will decide all the questions which may be brought before them? It is a proposition to make that court the corrupt, unscrupulous tool of a political party. But Mr. Lincoln cannot conscientiously submit, he thinks, to the decision of a court composed of a majority of Democrats. If he cannot, how can he expect us to have confidence in a court composed of a majority of Republicans, selected for the purpose of deciding against the Democracy, and in favor of the Republicans? The very proposition carries with it the demoralization and degradation destructive of the judicial department of the Federal Government.

I say to you, fellow-citizens, that I have no warfare to make upon the Supreme Court because of the Dred Scott decision. I have no complaints to make against that court, because of that decision. My private opinions on some points of the case may have been one way and on other points of the case another; in some things concurring with the court and in others dissenting, but what have my private opinions in a question of law to do with the decision after it has been pronounced by the highest judicial tribunal known to the Constitution? You, sir [addressing the chairman], as an eminent lawyer, have a right to entertain your opinions on any question that comes before the court and to appear before the tribunal and maintain them boldly and with tenacity until the final decision shall have been pronounced, and then, sir, whether you are sustained or overruled your duty as a lawyer and a citizen is to bow in deference to that decision. I intend to yield obedience to the decisions of the highest tribunals in the land in all cases whether their opinions are in conformity with my views as a lawyer or not. When we refuse to abide by judicial decisions what protection is there left for life and property? To whom shall you appeal? To mob law, to partisan caucuses, to town meetings, to revolution? Where is the remedy when you refuse obedience to the constituted authorities? I will not stop to inquire whether I agree or disagree with all the opinions expressed by Judge Taney or any other judge. It is enough for me to know that the decision has been made. It has been made by a tribunal appointed by the Constitution to make it; it was a point within their jurisdiction, and I am bound by it.

But, my friends, Mr. Lincoln says that this Dred Scott decision destroys the doctrine of popular sovereignty, for the reason that the court has decided that Congress had no power to prohibit slavery in the Territories, and hence he infers that it would decide that the Territorial Legislatures could not prohibit slavery there. I will not stop to inquire whether the court will carry the decision that far or not. It would be interesting as a matter of theory, but of no importance in practice; for this reason, that if the people of a Territory want slavery they will have it, and if they do not want it they will drive it out, and you cannot force it on them. Slavery cannot exist a day in the midst of an unfriendly people with unfriendly laws. There is truth and wisdom in a remark made to me by an eminent southern Senator, when speaking of this technical right to take slaves into the Territories. Said he, "I do not care a fig which way the decision shall be, for it is of no particular consequence; slavery cannot exist a day or an hour in any Territory or State unless it has affirmative laws sustaining and supporting it, furnishing police regulations and remedies, and an omission to furnish them would be as fatal as a constitutional prohibition. Without affirmative legislation in its favor slavery could not exist any longer than a new-born infant could survive under the heat of the sun, on a barren rock, without protection. It would wilt and die for the want of support." So it would be in the Territories. See the illustration in Kansas. The Republicans have told you, during the whole history of that Territory, down to last winter, that the pro-slavery party in the Legislature had passed a pro-slavery code, establishing and sustaining slavery in Kansas, but that this pro-slavery Legislature did not truly represent the people, but was imposed upon them by an invasion from Missouri, and hence the Legislature were one way and the people another. Granting all this, and what has been the result? With laws sup-: porting slavery, but the people against, there is not as many slaves in Kansas to-day as there were on the day the Nebraska bill passed and the Missouri Compromise was repealed. Why? Simply because slave owners knew that if they took their slaves into Kansas, where a majority of the people were opposed to slavery, that it would soon be abolished, and they would lose their right of property in consequence of taking them there. For that reason they would not take or keep them there. If there had been a majority of the people in favor of slavery and the climate had been favorable, they would have taken them there, but the climate not being suitable, the interest of the people being opposed to it, and a majority of them against it, the slave owner did not find it profitable to take his slaves there, and consequently there are not as many slaves there to-day as on the day the Missouri Compromise was repealed. This shows clearly that if the people do not want slavery they will keep it out, and if they do want it they will protect it.

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