Chapter 4

The Judge tells, in proceeding, that he is opposed to making any odious distinctions between free and slave States. I am altogether unaware that the Republicans are in favor of making any odious distinctions between the free and slave States. But there is still a difference, I think, between Judge Douglas and the Republicans in this. I suppose that the real difference between Judge Douglas and his friends, and the Republicans on the contrary, is, that the Judge is not in favor of making any difference between slavery and liberty; that he is in favor of eradicating, of pressing out of view, the questions of preference in this country for free or slave institutions; and consequently every sentiment he utters discards the idea that there is any wrong in slavery. Everything that emanates from him or his coadjutors in their course of policy carefully excludes the thought that there is anything wrong in slavery. All their arguments, if you will consider them, will be seen to exclude the thought that there is anything whatever wrong in slavery. If you will take the Judge's speeches, and select the short and pointed sentences expressed by him,--as his declaration that he "don't care whether slavery is voted up or down,"--you will see at once that this is perfectly logical, if you do not admit that slavery is wrong. If you do admit that it is wrong, Judge Douglas cannot logically say he don't care whether a wrong is voted up or voted down. Judge Douglas declares that if any community wants slavery they have a right to have it. He can say that logically, if he says that there is no wrong in slavery; but if you admit that there is a wrong in it, he cannot logically say that anybody has a right to do wrong. He insists that upon the score of equality the owners of slaves and owners of property--of horses and every other sort of property--should be alike, and hold them alike in a new Territory. That is perfectly logical if the two species of property are alike and are equally founded in right. But if you admit that one of them is wrong, you cannot institute any equality between right and wrong. And from this difference of sentiment,--the belief on the part of one that the institution is wrong, and a policy springing from that belief which looks to the arrest of the enlargement of that wrong, and this other sentiment, that it is no wrong, and a policy sprung from that sentiment, which will tolerate no idea of preventing the wrong from growing larger, and looks to there never being an end to it through all the existence of things,--arises the real difference between Judge Douglas and his friends on the one hand and the Republicans on the other. Now, I confess myself as belonging to that class in the country who contemplate slavery as a moral, social, and political evil, having due regard for its actual existence amongst us and the difficulties of getting rid of it in any satisfactory way, and to all the constitutional obligations which have been thrown about it; but, nevertheless, desire a policy that looks to the prevention of it as a wrong, and looks hopefully to the time when as a wrong it may come to an end.

Judge Douglas has again, for, I believe, the fifth time, if not the seventh, in my presence, reiterated his charge of a conspiracy or combination between the National Democrats and Republicans. What evidence Judge Douglas has upon this subject I know not, inasmuch as he never favors us with any. I have said upon a former occasion, and I do not choose to suppress it now, that I have no objection to the division in the Judge's party. He got it up himself. It was all his and their work. He had, I think, a great deal more to do with the steps that led to the Lecompton Constitution than Mr. Buchanan had; though at last, when they reached it, they quarreled over it, and their friends divided upon it. I am very free to confess to Judge Douglas that I have no objection to the division; but I defy the Judge to show any evidence that I have in any way promoted that division, unless he insists on being a witness himself in merely saying so. I can give all fair friends of Judge Douglas here to understand exactly the view that Republicans take in regard to that division. Don't you remember how two years ago the opponents of the Democratic party were divided between Fremont and Fillmore? I guess you do. Any Democrat who remembers that division will remember also that he was at the time very glad of it, and then he will be able to see all there is between the National Democrats and the Republicans. What we now think of the two divisions of Democrats, you then thought of the Fremont and Fillmore divisions. That is all there is of it.

But if the Judge continues to put forward the declaration that there is an unholy and unnatural alliance between the Republicans and the National Democrats, I now want to enter my protest against receiving him as an entirely competent witness upon that subject. I want to call to the Judge's attention an attack he made upon me in the first one of these debates, at Ottawa, on the 21st of August. In order to fix extreme Abolitionism upon me, Judge Douglas read a set of resolutions which he declared had been passed by a Republican State Convention, in October, 1854, at Springfield, Illinois, and he declared I had taken part in that Convention. It turned out that although a few men calling themselves an anti-Nebraska State Convention had sat at Springfield about that time, yet neither did I take any part in it, nor did it pass the resolutions or any such resolutions as Judge Douglas read. So apparent had it become that the resolutions which he read had not been passed at Springfield at all, nor by a State Convention in which I had taken part, that seven days afterward, at Freeport, Judge Douglas declared that he had been misled by Charles H. Lanphier, editor of the State Register, and Thomas L. Harris, member of Congress in that district, and he promised in that speech that when he went to Springfield he would investigate the matter. Since then Judge Douglas has been to Springfield, and I presume has made the investigation; but a month has passed since he has been there, and, so far as I know, he has made no report of the result of his investigation. I have waited as I think sufficient time for the report of that investigation, and I have some curiosity to see and hear it. A fraud, an absolute forgery was committed, and the perpetration of it was traced to the three,--Lanphier, Harris, and Douglas. Whether it can be narrowed in any way so as to exonerate any one of them, is what Judge Douglas's report would probably show.

It is true that the set of resolutions read by Judge Douglas were published in the Illinois State Register on the 16th of October, 1854, as being the resolutions of an anti-Nebraska Convention which had sat in that same month of October, at Springfield. But it is also true that the publication in the Register was a forgery then, and the question is still behind, which of the three, if not all of them, committed that forgery. The idea that it was done by mistake is absurd. The article in the Illinois State Register contains part of the real proceedings of that Springfield Convention, showing that the writer of the article had the real proceedings before him, and purposely threw out the genuine resolutions passed by the Convention and fraudulently substituted the others. Lanphier then, as now, was the editor of the Register, so that there seems to be but little room for his escape. But then it is to be borne in mind that Lanphier had less interest in the object of that forgery than either of the other two. The main object of that forgery at that time was to beat Yates and elect Harris to Congress, and that object was known to be exceedingly dear to Judge Douglas at that time. Harris and Douglas were both in Springfield when the Convention was in session, and although they both left before the fraud appeared in the Register, subsequent events show that they have both had their eyes fixed upon that Convention.

The fraud having been apparently successful upon the occasion, both Harris and Douglas have more than once since then been attempting to put it to new uses. As the fisherman's wife, whose drowned husband was brought home with his body full of eels, said when she was asked what was to be done with him, "Take the eels out and set him again," so Harris and Douglas have shown a disposition to take the eels out of that stale fraud by which they gained Harris's election, and set the fraud again more than once. On the 9th of July, 1856, Douglas attempted a repetition of it upon Trumbull on the floor of the Senate of the United States, as will appear from the appendix of the Congressional Globe of that date.

On the 9th of August, Harris attempted it again upon Norton in the House of Representatives, as will appear by the same documents,--the appendix to the Congressional Globe of that date. On the 21st of August last, all three--Lanphier, Douglas, and Harris--reattempted it upon me at Ottawa. It has been clung to and played out again and again as an exceedingly high trump by this blessed trio. And now that it has been discovered publicly to be a fraud we find that Judge Douglas manifests no surprise at it at all. He makes no complaint of Lanphier, who must have known it to be a fraud from the beginning. He, Lanphier, and Harris are just as cozy now and just as active in the concoction of new schemes as they were before the general discovery of this fraud. Now, all this is very natural if they are all alike guilty in that fraud, and it is very unnatural if any one of them is innocent. Lanphier perhaps insists that the rule of honor among thieves does not quite require him to take all upon himself, and consequently my friend Judge Douglas finds it difficult to make a satisfactory report upon his investigation. But meanwhile the three are agreed that each is "a most honorable man."

Judge Douglas requires an indorsement of his truth and honor by a re-election to the United States Senate, and he makes and reports against me and against Judge Trumbull, day after day, charges which we know to be utterly untrue, without for a moment seeming to think that this one unexplained fraud, which he promised to investigate, will be the least drawback to his claim to belief. Harris ditto. He asks a re-election to the lower House of Congress without seeming to remember at all that he is involved in this dishonorable fraud! The Illinois State Register, edited by Lanphier, then, as now, the central organ of both Harris and Douglas, continues to din the public ear with this assertion, without seeming to suspect that these assertions are at all lacking in title to belief.

After all, the question still recurs upon us, How did that fraud originally get into the State Register? Lanphier then, as now, was the editor of that paper. Lanphier knows. Lanphier cannot be ignorant of how and by whom it was originally concocted. Can he be induced to tell, or, if he has told, can Judge Douglas be induced to tell how it originally was concocted? It may be true that Lanphier insists that the two men for whose benefit it was originally devised shall at least bear their share of it! How that is, I do not know, and while it remains unexplained I hope to be pardoned if I insist that the mere fact of Judge Douglas making charges against Trumbull and myself is not quite sufficient evidence to establish them!

While we were at Freeport, in one of these joint discussions, I answered certain interrogatories which Judge Douglas had propounded to me, and then in turn propounded some to him, which he in a sort of way answered. The third one of these interrogatories I have with me, and wish now to make some comments upon it. It was in these words: "If the Supreme Court of States cannot exclude slavery from their limits, are you in favor of acquiescing in, adhering to, and following such decision as a rule of political action?"

To this interrogatory Judge Douglas made no answer in any just sense of the word. He contented himself with sneering at the thought that it was possible for the Supreme Court ever to make such a decision. He sneered at me for propounding the interrogatory. I had not propounded it without some reflection, and I wish now to address to this audience some remarks upon it.

In the second clause of the sixth article, I believe it is, of the Constitution of the United States, we find the following language:

"This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

The essence of the Dred Scott case is compressed into the sentence which I will now read:

"Now, as we have already said in an earlier part of this opinion, upon a different point, the right of property in a slave is distinctly and expressly affirmed in the Constitution."

I repeat it, "The right of property in a slave is distinctly and expressly affirmed in the Constitution"! What is it to be "affirmed" in the Constitution? Made firm in the Constitution, so made that it cannot be separated from the Constitution without breaking the Constitution; durable as the Constitution, and part of the Constitution. Now, remembering the provision of the Constitution which I have read--affirming that that instrument is the supreme law of the land; that the judges of every State shall be bound by it, any law or constitution of any State to the contrary notwithstanding; that the right of property in a slave is affirmed in that Constitution, is made, formed into, and cannot be separated from it without breaking it; durable as the instrument; part of the instrument;--what follows as a short and even syllogistic argument from it? I think it follows, and I submit to the consideration of men capable of arguing whether, as I state it, in syllogistic form, the argument has any fault in it:

Nothing in the Constitution or laws of any State can destroy a right distinctly and expressly affirmed in the Constitution of the United States.

The right of property in a slave is distinctly and expressly affirmed in the Constitution of the United States.

Therefore, nothing in the Constitution or laws of any State can destroy the right of property in a slave.

I believe that no fault can be pointed out in that argument; assuming the truth of the premises, the conclusion, so far as I have capacity at all to understand it, follows inevitably. There is a fault in it as I think, but the fault is not in the reasoning; but the falsehood in fact is a fault of the premises. I believe that the right of property in a slave is not distinctly and expressly affirmed in the Constitution, and Judge Douglas thinks it is. I believe that the Supreme Court and the advocates of that decision may search in vain for the place in the Constitution where the right of property in a slave is distinctly and expressly affirmed I say, therefore, that I think one of the premises is not true in fact. But it is true with Judge Douglas. It is true with the Supreme Court who pronounced it. They are estopped from denying it, and being estopped from denying it, the conclusion follows that, the Constitution of the United States being the supreme law, no constitution or law can interfere with it. It being affirmed in the decision that the right of property in a slave is distinctly and expressly affirmed in the Constitution, the conclusion inevitably follows that no State law or constitution can destroy that right. I then say to Judge Douglas and to all others that I think it will take a better answer than a sneer to show that those who have said that the right of property in a slave is distinctly and expressly affirmed in the Constitution, are not prepared to show that no constitution or law can destroy that right. I say I believe it will take a far better argument than a mere sneer to show to the minds of intelligent men that whoever has so said is not prepared, whenever public sentiment is so far advanced as to justify it, to say the other. This is but an opinion, and the opinion of one very humble man; but it is my opinion that the Dred Scott decision, as it is, never would have been made in its present form if the party that made it had not been sustained previously by the elections. My own opinion is, that the new Dred Scott decision, deciding against the right of the people of the States to exclude slavery, will never be made if that party is not sustained by the elections. I believe, further, that it is just as sure to be made as to-morrow is to come, if that party shall be sustained. I have said, upon a former occasion, and I repeat it now, that the course of arguement that Judge Douglas makes use of upon this subject (I charge not his motives in this), is preparing the public mind for that new Dred Scott decision. I have asked him again to point out to me the reasons for his first adherence to the Dred Scott decision as it is. I have turned his attention to the fact that General Jackson differed with him in regard to the political obligation of a Supreme Court decision. I have asked his attention to the fact that Jefferson differed with him in regard to the political obligation of a Supreme Court decision. Jefferson said that "Judges are as honest as other men, and not more so." And he said, substantially, that whenever a free people should give up in absolute submission to any department of government, retaining for themselves no appeal from it, their liberties were gone. I have asked his attention to the fact that the Cincinnati platform, upon which he says he stands, disregards a time-honored decision of the Supreme Court, in denying the power of Congress to establish a National Bank. I have asked his attention to the fact that he himself was one of the most active instruments at one time in breaking down the Supreme Court of the State of Illinois because it had made a decision distasteful to him,--a struggle ending in the remarkable circumstance of his sitting down as one of the new Judges who were to overslaugh that decision; getting his title of Judge in that very way.

So far in this controversy I can get no answer at all from Judge Douglas upon these subjects. Not one can I get from him, except that he swells himself up and says, "All of us who stand by the decision of the Supreme Court are the friends of the Constitution; all you fellows that dare question it in any way are the enemies of the Constitution." Now, in this very devoted adherence to this decision, in opposition to all the great political leaders whom he has recognized as leaders, in opposition to his former self and history, there is something very marked. And the manner in which he adheres to it,--not as being right upon the merits, as he conceives (because he did not discuss that at all), but as being absolutely obligatory upon every one simply because of the source from whence it comes, as that which no man can gainsay, whatever it may be,--this is another marked feature of his adherence to that decision. It marks it in this respect, that it commits him to the next decision, whenever it comes, as being as obligatory as this one, since he does not investigate it, and won't inquire whether this opinion is right or wrong. So he takes the next one without inquiring whether it is right or wrong. He teaches men this doctrine, and in so doing prepares the public mind to take the next decision when it comes, without any inquiry. In this I think I argue fairly (without questioning motives at all) that Judge Douglas is most ingeniously and powerfully preparing the public mind to take that decision when it comes; and not only so, but he is doing it in various other ways. In these general maxims about liberty, in his assertions that he "don't care whether slavery is voted up or voted down,"; that "whoever wants slavery has a right to have it"; that "upon principles of equality it should be allowed to go everywhere"; that "there is no inconsistency between free and slave institutions"--in this he is also preparing (whether purposely or not) the way for making the institution of slavery national! I repeat again, for I wish no misunderstanding, that I do not charge that he means it so; but I call upon your minds to inquire, if you were going to get the best instrument you could, and then set it to work in the most ingenious way, to prepare the public mind for this movement, operating in the free States, where there is now an abhorrence of the institution of slavery, could you find an instrument so capable of doing it as Judge Douglas, or one employed in so apt a way to do it?

I have said once before, and I will repeat it now, that Mr. Clay, when he was once answering an objection to the Colonization Society, that it had a tendency to the ultimate emancipation of the slaves, said that:

"Those who would repress all tendencies to liberty and ultimate emancipation must do more than put down the benevolent efforts of the Colonization Society: they must go back to the era of our liberty and independence, and muzzle the cannon that thunders its annual joyous return; they must blow out the moral lights around us; they must penetrate the human soul, and eradicate the light of reason and the love of liberty!"

And I do think--I repeat, though I said it on a former occasion--that Judge Douglas and whoever, like him, teaches that the negro has no share, humble though it may be, in the Declaration of Independence, is going back to the era of our liberty and independence, and, so far as in him lies, muzzling the cannon that thunders its annual joyous return; that he is blowing out the moral lights around us, when he contends that whoever wants slaves has a right to hold them; that he is penetrating, so far as lies in his power, the human soul, and eradicating the light of reason and the love of liberty, when he is in every possible way preparing the public mind, by his vast influence, for making the institution of slavery perpetual and national.

There is, my friends, only one other point to which I will call your attention for the remaining time that I have left me, and perhaps I shall not occupy the entire time that I have, as that one point may not take me clear through it.

Among the interrogatories that Judge Douglas propounded to me at Freeport, there was one in about this language:

"Are you opposed to the acquisition of any further territory to the United States, unless slavery shall first be prohibited therein?"