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

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 One provision of that Constitution is, that it shall be the supreme law of the land, — I do not quote the language, — any constitution or law of any State to the contrary notwithstanding.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