The Papers And Writings Of Abraham Lincoln Part 57

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 a.s.sembled 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 Const.i.tution, 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 partic.i.p.ated 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 Wilc.o.x.

"McHenry,--W. M. Jackson, Enos W. Smith, Neil Donnelly.

La Salle,--John Hise, William Redd.i.c.k."

William Redd.i.c.k! 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 lat.i.tude 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 circ.u.mstances. 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 'n.i.g.g.e.r' 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 att.i.tude 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 pa.s.sed 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 Const.i.tutional 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 abolis.h.i.+ng slavery and the slave-trade in the District of Columbia, on the high seas, and wherever else, under the Const.i.tution, 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 a.s.sert 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 un.o.bjectionable in all other respects, adopt a State const.i.tution, 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 p.r.o.nounced 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 a.s.sume 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 a.s.sume 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 Const.i.tution?"

To this Judge Douglas answered that they can lawfully exclude slavery from the Territory prior to the formation of a const.i.tution. 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 a.s.sumes to be an indispensable a.s.sistance 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 unconst.i.tutional; that they have reached this proposition as a conclusion from their former proposition, that the Const.i.tution of the United States expressly recognizes property in slaves, and from that other Const.i.tutional provision, that no person shall be deprived of property without due process of law. Hence they reach the conclusion that as the Const.i.tution of the United States expressly recognizes property in slaves, and prohibits any person from being deprived of property without due process of law, to pa.s.s 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 const.i.tution. 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 const.i.tution 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 s.h.i.+fts 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 s.h.i.+ft 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 inst.i.tution 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 Const.i.tution 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 Const.i.tution of the United States. Suppose you believe, as Judge Douglas does, that the Const.i.tution 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 Const.i.tution of a State, or of the United States? Is it not to give such const.i.tutional helps to the rights established by that Const.i.tution as may be practically needed? Can you, if you swear to support the Const.i.tution, and believe that the Const.i.tution establishes a right, clear your oath, without giving it support? Do you support the Const.i.tution 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 Const.i.tution," if you may run counter to it by refusing support to any right established under the Const.i.tution. 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 Const.i.tution, and believing it guaranteed the right to hold slaves in the Territories, a.s.sist in legislation intended to defeat that right? That would be violating your own view of the Const.i.tution. Not only so, but if you were to do so, how long would it take the courts to hold your votes unconst.i.tutional 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 Const.i.tution? I repeat the question: Is not Congress itself bound to give legislative support to any right that is established in the United States Const.i.tution? A member of Congress swears to support the Const.i.tution of the United States: and if he sees a right established by that Const.i.tution 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 pa.s.s such a law, and abide by it when it is pa.s.sed? Because the Const.i.tution 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 const.i.tutional right which needs legislation to enforce it. And although it is distasteful to me, I have sworn to support the Const.i.tution; 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 Const.i.tution than the right to hold slaves in the Territories? For this decision is a just exposition of the Const.i.tution, 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 Const.i.tution establishes that right. If I did it at all, it would be because I deny that this decision properly construes the Const.i.tution. But if I acknowledge, with Judge Douglas, that this decision properly construes the Const.i.tution, 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: