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great ability, I hope to have interposed no advertitionis strange, discordant, and even hostile elements, we Owsiacle. But clearly, he is not now with us, he does not gathered from the four winds, and formed and fought the pictond to be-lie does not promise ever to be.
battle through, under the constant hot fire of a disciplined, Our cause, then, must be intrusted to, and conducird proud and pampered enemy. Did we brave all them to by, its own undoubted friends those whose hands are falter now?-now, when that same enemy is wavering, free, whose hearts are in the work-who do care for the dissevered and belligerent? The result is not doubtful. result. Two years ago the Republicans of the nation We shall not fail-if we stand firm, we shall not fail. Dustered over thirteen hundred thousand strong. We Wise counsels may accelerate, or mistakes delay it, but, did this under the single impulse oʻresistance to a common sooner or later, the victory is sure to come. dai ger, with every external circumstance against us.
SLAVERY DISCUSSED BY LINCOLN AND DOUGLAS.
QUESTIONS AND ANSWERS.
MR. LINCOLN'S SPEECH.
At the second Joint Debate, between Mr. 4. I do not stand to-day pledged to the abolition of Slavery
in the District of Columbia. Douglas and Mr. Lincoln, at Freeport, Illinois, Q. 5. “I desire him to answer whether he stands pledged August 27th, 1858, Mr. Lincoln spoke as fol- to the prohibition of the slave-trade between the different
States 93 lows:
A. I do not stand pledged to the prohibition of the slave
trade between the different States. LADIES AND GENTLEMEN: On Saturday last, Judge
Q. 6. “I desire to know whether he stands pledged to proDouglas and myself first met in public discussion. He hibit Slavery in all the Territories of the United States, North spoke one hour, I an hour and a half, and he replied for as well as south of the Missouri Compromise line?" half and hour. The order is now reversed. lain to A. I am impliedly, if not expressiy, pledged to a belief in speak an hour, he an hour and a half, and then I am to the right and duty of Congress to prohibit Slavery in all the
United States Territories. reply for half an hour. I propose to devote myself during the first hour to the scope of what was brought within the the acquisition of any new territory unless Slavery is first pro
Q. 7: “I desire him to answer whether he is opposed 16 range of his half-hour speech at Ottawa. Of course there bibited therein P" was brought within the scope in that half-hour's speech A. I am not generally opposed to honest acquisition of ter. something of his own opening speech, In the course of ritory; and, in any given case, I would or would not opposo that opening argument, Judge Douglas proposed to me
such acquisition, accordingly as I might think such acquisition seven distinct interrogatories. In niy speech of an hour
would or would not aggravate the Slavery question among
ourselves. and a half, I attended to soine other parts of his speech, and incidentally, as I thought, answered one of the in
Now, my friends, it will be perceived upon an examinaterrogatories then, I then distincily intimated to him tion of these questions and answers, that so far I have that I would answer the rest of his interrogatories on
only answered that I was not pledged to this, that or the condition only that he should agree to answer as many
other, The Judge has not framed his interrogatories to for me. He made no intimation at the time of the propo
ask me anything more than this, and I have answered in sition, nor did he in his reply allude at all to that suyges.
strict accordance with the interrogatories, and have tion of mine. I do him no injustice in saying that he answered truly that I am not pledged at all upon any occupied at least half of his reply in dealing with me as
of the points to which I have answered. But I am not though I had refused to answer his interrogatories. I disposed to hang upon the exact form of his interrogatory. now propose that I will answer any of the interrogatories, I ain rather disposed to take up at least some of these upon condition that he will answer questions from me not questions, and state what I really think upon them. exceeding the same number. I give him an opportunity
As to the first one, in regard to the Fugitive Slave Law, to respond. The Judge remains silent. I now say that I
I have never hesitated to say, and I do not now hesitate will answer his interrogatories, whether he answers mine
to say, that I think, under the Constitution of the United or not; and that after I have done so, I shall propound
States, the people of the Southern States are entitled to a mine to him.
Congressional Fugitive Slave Law. Having said that, I I have supposed myself, since the organization of the
have had nothing to say in regard to the existing Fugitive Republican party at Bloomington, in May, 1856, bound as
Slave Law, further than that I think it should have been party man by the platforms of the party, then and since.
framed so as to be free from some of the objections that If in any interrogatories which I shall answer
pertain to it, without lessening its efficiency. And inasthe scope of what is within these platforms, it will be per
inuch as we are not now in an agitation in regard to an ceived ihat no one is responsible but n.yself.
alteration or modification of that law, I would not be the Having said thus much, I will take up the Judge's in
man to introduce it as a new suliject of agitation upon terrogatories as I find them printed in the Chicago Times,
the general question of Slavery. and answer them seriatim. In order that there may be
In regard to the other question, of whether I am no mistake about it, I have copied the interrogatories in
pledged to the admission of any more Slave States into writing, and also my answers to them. The first of these the Union, I state to you very frankly that I would be interrogatories is in these words :
exceedingly sorry ever to be put in a position of having Question 1. “I desire to know whether Lincoln to day
to pass upon that question. I should be exceedingly glad stands, as he did in 1854, in favor of the unconditional repeal of to know that there would never be another Slave state the Fugitive Slave law pi?
admitted into the Union ; but I must add, that if Slavery Answer. I do not now, nor ever did, stand in favor of the shall be kept out of the Territories during the territorial unconditional repeal of the Fugitive Slave law. Q. 2. “I desire him to answer whether he stands pledged people shall, having a fair opportunity and a clear field,
existence of any one given Territory, and then the to-day, as he did in 1854, against the admission of any more Elave States into the Union, even if the people want them
when they come to adopt the Constitution, do such an A. I do not now, or ever did, stand pledged against the ad- extraordinary thing as adopt a Slave Constitution, uninmission of any more Slave States into the Union.
Auenced by the actual presence of the institution among Q. 3. "I want to know whether he stands pledged against them, I see no alternative, if we own the country, but the admission of a new State into the Union with such a Con- to admit them into the Union. stitution as the people of that State may see fit to make " A. I do not stand pledged against the admission of a new second, it being, as I conceive, the same as the second.
The third interrogatory is answered by the answer to the State into the Union, with such a Constitution as the people of that Stue may see fit to make.
The fourth one is in regard to the abolition of Slavery Q. 4. "I waat to know whether he stands to-day pledged in the District of Columbia. In relation to that, I have to the abolition of Slavery in the District of Columbia
my mind very distinctly made up. I should be exceed
ingly glad to see Slavery abolished in the District of , believe, that those resolutions were never passed in any Columbia, I believe that Congress possesses the consii. Convention held in Springfield. It turns out that they tutional power to abolish it. Yet, as a member of Con
were never passed at any Convention or any public gress, I should not, with my present views, be in fav 'r of meeting that I had any part in. I believe it turns out in andeavoring to abolish Slavery in the District of Co- addition to all this, that there was not, in the fall of 1854, lumbia, unless it would be upon these conditions: First, any Convention holding a session at Springfield calling that the abolition should be gradual. Second, that it itself a Republican State Convention; yet it is true there should be on a vote of the majority of qualified voters in
was a Convention, or assemblage of men calling themthe District; and Third, that compensation should be selves a Convention, at Springfield, that did pass some made to unwilling owners. With these three conditions, I resolutions. But so little did I really know of the pro. confess I would be exceedingly glad to see Congress ceedings of that Convention, or what set of resolutions abolish Slavery in the District of Columbia, and, in the they had passed, though having a general knowledge language of Henry Clay," sweep from our Capital that tnać there had been such an assemblage of men there, foul blot upon our nation."
that when Judge Douglas read the resolutions, I really In regard to the fifth interrogatory, I must say here, did not know but they had been the resolutions passed that as to the question of the abolition of the slave trade then and there. I did not question that they were the rebetween the different States, I can truly answer, as I solutions adopted. For I could not bring myself to suphave, that I am pledged to nothing about it. It is a pose that Judge Douglas could say what he did upon this subject to which I have not given that mature considera- subject without knowing that it was true. I contented tion that would make me feel authorized to state a posi. myself, on that occasion, with denying, as I truly could, tion so as to hold myself entirely bound by it. In other ali connection with them, not denying or affirming words, that question has never been prominently enough whether they were passed at Springfield. Now it turns before me to induce me to investigate whether we really out that he had got hold of some resolutions passed at have the constitutional power to do it. I could investigate some Convention or public meeting in Kane County. I it if I had sufficient time, to bring myself to a conclusion wish to say here, that I don't conceive that in any fair upon that subject; but I have not done so, and I say so and just mind this discovery relieves me at all. I had frankly to you here, and to Judge Douglas. I must say, just as much to do with the Convention in Kane County. however, that if I should be of opinion that Congress as that at Springfield. I am just as much responsible for does possess the constitutional power to abolish the the resolutions at Kane County as those at Springfield, slave-trade among the different States, I should still not
the amount of the responsibility being exactly nothing in · be in favor of the exercise of that power unless upon either case: no more than there would be in regard to a some conservative principle as I conceive it, akin to what set of resolutions passed in the moon. I hare said in relation to the abolition of Slavery in the
I allude to this extraordinary matter in this canvass District of Columbia.
for some further purpose than anything yet advanced. My answer as to whether 1 desire that Slavery should Judge Douglas did not make his statement upon that oc. be prohibited in all the Territories of the United States, casion as matters that he believed to be true, but he is full and explicit within itself, and cannot be made stated them roundly as being true, in such form as to clearer by any comments of mine. So I suppose in pledge his veracity for their truth. When the whole regard to the question whether I am opposed to the acqui- inatter turns out as it does, and when we consider who sition of any more territory unless Slavery is first pro- Judge Douglas is—that he is a distinguished Senator of hibited therein, my answer is such that I could add no- the United States that he has served nearly twelve thing by way of illustration, or making myself better under- years as such-that his character is not at all limited as stood, than the answer which I have placed in writing.
an ordinary Senator of the United States, but that his Now in all this, the Judge has me, and he has me on name has become of world-wide renown-it is most enethe record. I suppose he had flattered hiinself that I was traordinary that he should so far forget all the suggesreally entertaining one set of opinions for one place and
tions of justice to an adversary, or prudence him another set for another place—that I was afraid to say self, as to venture upon the assertion of that which the at one place what I uttered at another. What I am say: slightest investigation would have shown him to be wholly ing here I suppose I say to a vast audience as strongly false. I can only account for his having done so upon tending to Abolitionism as any audience in the State of
the supposition that that evil genius which has attended Illinois, and I believe I am saying that which, if it would him through his life, giving to him an apparent astonishbe offensive to any persons and render them enemies to ing prosperity, such as to lead very many good men to myself, would be offensive to persons in this audience.
doubt there being any advantage in virtue over vice-I I now proceed to propound to the Judge the interroga- say I can only account for it on the supposition that that tories, so far as I have framed them. I will bring for: evil genius has at last made up its mind to forsake himn. ward a new installment when I get them ready. I will
And I may add that another extraordinary feature bring them forward now, only reaching to number four.
of the Judge's conduct in this canvass-made more extraTire first one is :
ordinary by this incident-is, that he is in the habit, in Question 1. If the people of Kansas shall, by means en- almost all the speeches he makes, of charging falsehood tirely unobjectionable in all other respects, adopt a State Con upon his adversaries, myself and others. I now ask slitution, and ask admission into the Union under it, before whether he is able to find in anything that Judge Trumthey have the requisite number of inhabitants according to the English bill-somne ninety-three thousand-Will you vote to bull, for instance, has said, or in anything that I have admit them?
said, a justification at all compared with what we have, in Q. 2. Can the people of a United States Territory, in any this instance, for that sort of vulgarity. lawful way, against the wish of any citizen of the United States, exclude Slavery from its limits prior to the formation of a State Constitution ?
Q. 3. If the Supreme Court of the United States shall decide that States cannot exclude Slavery from their limits, are you
MR. DOUGLAS REPLY. in favor of acquiescing in, adopting and following such decision as a rule of political action ?
LADIES AND GENTLEMEN : I am glad that at last I have Q. 4. Are you in favor of acquiring additional territory, in brought Mr. Lincoln to the conclusion that he had better disregard of how such acquisition may atfect the nation on the define his position on certain political questions to which I Slavery question ?
called his attention at Ottawa. He there showed no dispoAs introductory to these interrogatories which Judge sition, no inclination, to answer them. I did not present Douglas propounded to me at Ottawa, he read a set of re- idle questions for him to answer merely for my gratifica. solutions which he said Judge Trumbull and inyself had tion. I laid the foundation for those interrogatories by participated in adopting, in the first Republican State showing that they constituted the platform of the party Convention, held at Springfield, in October, 1854. He whose nominee he is for the Senate. I did not presume insisted that I and Judge Trumbull, and perhaps the that I had the right to catechise him as I saw proper, unless entire Republican party, were responsible for the doc. I showed that his party, or a majority of it, stood &pon the trines contained in the set of resolutions which he read, platform and were in favor of the propositions upon which and I understand that it was from that set of resolutions my questions were based. I desired simply to know, that he deduced the interrogatories which he propounded | inasmuch as he had been nominated as the first, last, and to me, using these resolutions as a sort of authority for only choice of his party, whether he concurred in the propounding those questions to me. Now I say here to platform which that party had adopted for its governday that I do not answer his interrogatories because of ment. In a few moments I will proceed to review the their springing at all from that set of resolutions which he answers which he has given to these interrogatories; but read. I answered them because Judge Douglas thought in order to relieve his anxiety I will first respond to these fit to ask them. I do not now, nor never did, recognize which he has presented to me. Mark you, he has not preany responsibility upon myself in that set of resolutions. sented interrogatories which have ever received the sancWhen I replied to him on that occasion, I assured him tion of the party with which I am acting, and hence he that I never had anything to do with them. I repeat has no other foundation for them than his own curiosity. siere to-day, that I never, in any possible form, had any. First, he desires to know if the people of Kansas shall thing to do with that set of resolutions. It turns out, I form a Constitution by means entirely proper and unob
lectiuuable and ask admission into the Union as a State, posed that he would be ashamed to press that question before they have the requisite population for a member further. He is a lawyer, and has been a member of Cine of congress, whether I will vote for that admission. Well gress, and has occupied his time and amused you by tilgow, I regret exceedingly that he did not answer that ing you about parliamentary proceeding. He ought to intersogatory himself before he put it to me, in order have known better than to try to palm off his miserable that we might understand, and not be left to infer on impositions upon this intelligent audience. The Nebra:ka which side he is. Mr. Trumbull, during the last session of bill provided that the legislative power and authority of Congress, voted from the beginning to the end against the the said Territory should extend to all rightful subjects of adiniss.on of Oregon, although a free State, because she legislation, consistent with the organic act and the Constihad not the requisite population for a member of Con- tution of the United States. It did not make any exception gress. Mr. Tuinbull would not consent, under any cir- as to Slavery, but gave all the power that it was possille cumstances, to let a State, free or slave, come into the for Congress to give, without violating the Constitution, io Union until it had the requisite population. As Mr. the Territorial Legislature, with no exception or limitation T, umbull is in the field, fighting for Mr. Lincoln, I would on the subject of Slavery at all. The language of that i ill like to have Mr. Lincoln answer his own question and tell which I have quoted, gave the full power and the full aume whether he is fighting Trumbull on that issue or not. thority over the subject of Slavery, affirmatively and neBut I will answer his question. In reference to Kansas, gatively, to introduce it or exclude it, so far as the Constituit is my opinion, that as she has population enough to tion of the United States would permit. What more could constitute a slave State, she has people enough for a Free Mr. Chase give by his amendinent ? Nothing. He offered State. I will not make Kansas an exceptionable case to his amendment for the identical purpose for which Mr. the other States of the Union. I hoid it to be a sound Lincoln is using it, to enable demagogues in the country rule of universal application to require a Territory to to try and deceive the people. contain the requisite population for a member of Con- His amendment was to this effect. It provided that the gress, before it is admitted as a State into the Union. I Legislature should have the power to exclude Slavery: made that proposition in the Senate in 1856, and I renew- and General Cass suggested, " why not give the power to ed it during the last session, in a bill providing that no introduce as well as exclude ?" The answer was, they have Territory of the United States should form a Covstitution the power already in the bill to do both. Chase was afraid and apply for admission until it had the requisite popu- his amendment would be adopted if he put the alternative lation. On another occasion I proposed that neither proposition and so make it fair both ways, but would not Kansas, or any other Territory, should be admitted until yield. Ile offered it for the purpose of having it rejected. it had the requisite population. Congress did not adopt He offered it, as he has himself avowed over and over any of my propositions containing this general rule, but again, simply to make capital out of it for the stump. He did make an exception of Kansas. I will stand by that expected that it would be capital for small politicans in the exception. Either Kansas must come in as a Free State, country, and that they would make an effort to deceive the with whatever population she may have, or the rule must people with it; and he was not mistaken, for Lincoln is be applied to all the other territories alike. I therefore carrying out the plan admirably. Lincoln knows that the answer at once, that it having been decided that Kansas Nebraska bill, without Chase's amendment, gave all the has people enough for a Slave State, I hold that she has power which the Constitution would permit. Could Conenough for a Free State. I hope Mr. Lincoln is satisfied dress confer any more? Could Congress go beyond the with my answer; and now I would like to get his answer Constitution of the country? We gave all a full grant to his own interrogatory-whether or not he will vote to with no exception in regard to Slavery one way or the admit Kansas before she has the requisite population. other. We left that question, as we left all others, to be deI want to know whether he will vote to adınit Oregon cided by the people for themselves, just as they pleased. before that Territory has the requisite population. Mr. I will not occupy my time on this question. I have argued Trurnbull will not, and the same reason that commits Mr. it before all over Illinois. I have argued it in this beauti, Trumbull against the adınission of Oregon, commits him ful city of Freeport; I have argued it in the North, the Against Kansas, even if she should apply for adinission South, the East, and the West, avowing the same sentias a Free State. If there is any sincerity, any truth, in ments and the same principles. I have not been afraid to the argument of Mr. Trumbull in the Senate, against the avow my sentiments up here for fear I would be trotted admission of Oregon because she had not 93,420 people, down into Egypt. although her population was larger than that of Kansas, The third question which Mr. Lincoln presented is, if the he stands pledged against the admission of both Oregon Supreme Court of the United States shall decide that a State and Kansas until they have 93,420 inhabitants. I would of this Union cannot exclude Slavery from its own limits, like Mr. Lincoln to answer this question. I would like will I submit to it? I am amazed that Lincoln should ask him to take his own medicine. If he differs with Mr. such a question. (“A school-boy knows better.”) Yes, a Trumbull let him answer his argument against the admis- school-boy does know better.) Mr. Lincoln's object is to sion of Oregon, instead of poking questions at me. cast an imputation upon the Supreme Court. He knows
The next question propounded to me by Mr. Lincoln is, that there never was but one man in America, claiming can the people of the Territory in any lawful way, against any degree of intelligence or decency, who ever for a mo"he wishes of any citizen of the United States, exclude ment pretended such a thing. It is true that the WashSlavery from their limits prior to the formation of a State ington Union, in an article published on the 17th of last constitution? I answer emphatically, as Mr. Lincoln has December, did put forth that doctrine, and I denounced heard me answer a hundred times from every stump in the article on the floor of the Senate, in a speech which Minois, that in my opinion the people of a Territory can, Mr. Lincoln now pretends was against the President. hy lawful means, exclude Slavery from their limits prior The Union had claimed that Slavery had a right to go into the formation of a State constitution. Mr. Lincoln knew to the free States, and that any provision in the Constituthat I had answered that question over and over again. tion or laws of the Free States to the contrary were null He heard me argue the Nebraska bili ou that principle all and void. I denounced it in the Senate, as I said before, over the State in 1854, in 1855, and in 1856; and he has no and I was the first man who did. Lincoln's friends, Truniexcuse for pretending to be in doubt as to my position on bull, and Seward, and Hale, and Wilson, and the whole *hat question. It matters not what way the Supreme Black Republican side of the Senate, were silent. They left Court may hereafter decide as to the abstract question it to me to denounce it. And what was the reply made to whether Slavery may or may not go into a Territory un- me on that occasion ? Mr. Toombs, of Georgia, got up and der the Constitution; the people have the lawful means to undertook to lecture me on the ground that I ought not to Introduce it or exclude it as they please, for the reason have deemed the article worthy of notice, and ought rot that Slavery cannot exist a day or an hour anywhere, to have replied to it; that there was not one man, wounless it is supported by local poilce regulations. Those man, or child south of the Potomac, in any Slave State, police regulations can only be established by the local who did not repudiate any such pretension. Mr. Lincoln legislature ; and if the people are opposed to Slavery they knows that that reply was made on the spot, and yet now wül elect representatives to that body who will by un. he asks this question. He might as well ask me, Suppose friendly legislation effectually prevent the introduction of Mr. Lincoln should steal a horse, would I sanction it; and it into their midst. If, on the contrary, they are for it, it would be as genteel in me to ask him, in the event he their legislation will favor its extension. Hence, no mat- stole a horse, what ought to be done with him. He casts ter what the decision of the Supreme Court may be on an imputation upon the Supreme Court of the United that abstract question, still the right of the people to make States, by supposing that they would violate the Constitu& slave Territory or a free Territory is perfect and com- tion of the United States. I tell him that such a thing is plete under the Nebraska bill. I hope Mr. Lincoln deems not possible. It would be an act of moral treason that no my answer satisfactory on that point.
man on on the bench could ever descend to. Mr. Lincoln In this connection, I will notice the charge which he has himself, would never, in his partisan feelings, so far forget introduced in relation to Mr. Chase's amendment, I what was right as to be guilty of such an act. thought that I had chased that amendment out of Mr. The fourth question of Mr. Lincoln is, are you in favor Lincoln's brain at Ottawa; but it seems that still haunts of acquiring additional territory, in disregard as to how his imagination, and he is not yet satisfied. I had sup-1 such acquisition may affect the Union on the Slavery
question ? This question is very ingeniously and cun- dust burst and be rent agunder, or the child must dic. ningly put.
So it would to with this great nation. With our natural The Black Republican creed lays it down expressly, increase, growing with a rapidity unknown in any other that under no circumstances shall we acquire any more part of the globe, with the tide of enigration that is flee territory unless Slavery is first prohibited in the country. ing from despotism in the old world to seek refuge in I ask Mr. Lincoln whethe: Le is in favor of that proposi- our own, there is a constant torrent pouring into thie tion. Are you (addressing Mr, Lincoln) opposed to the country 'that requires more land, more territory upon acquisition of any more territory, under any circum- which to settle, and just as fast as our interests and our stances, unless Slåvery is prohibited in it! That he does destiny require additional territory in the North, in the not like to answer. When I ask him whether he stands South, or on the Islands of the ocean, I am for it, ans up to that article in the platform of his party, he turns, when we acquire it, will leave the people, according 10 Yankee-fashion, and without answering it, asks me the Nebraska bill, free to do as they please on the subwhether I am in favor of acquiring territory without re-ject of Slavery and every other question. gard to how it may affect the Union on the Slavery ques- I trust now that Mr. Lincoln will deem himself an. tion. I answer that whenever it becomes necessary, in swered on his four points. He racked his brain so much our growth and progress, to acquire more territory, that in devising these four questions that he exhausted himI am in favor of it, without reference to the question of self, and had not strength enough to invent the others. Slavery, and when we have acquired it, I will leave the As soon as he is able to hold a council with his advisers, people free to do as they please, either to make it slave Lovejoy, Farnsworth, and Fred Douglass, he will fame or free territory, as they prefer, It is idle to tell me or and propound others. (“Good, good.") You Black you that we have territory enough. Our fathers sup- Republicans who say good, I have no doubt think that posed that we had enough when our territory extended they are all good men. I have reason to recollect that to the Mississippi River, but a few years' growth and ex- some people in this country think that Fred Douglass is pansion satisfied them that we needed more, and the a very good man, The last time I came here to make a Louisiana territory, from the west branch of the Missis- speech, while talking from the stand to you, people of sippi to the British possessions, was acquired. Then we Freeport, as I am doing to-day, I saw a carriage, and a acquired Oregon, then California and New Mexico. We magnificent one it was, drive up and take a position on have enough now for the present, but his is a young the outside the crowd ; a beautiful young lady was and a growing nation It swarms as often as a hive of sitting on the box-seat, whilst Fred Douglass and her bees, and as new swarms are turned out each year, there mother reclined inside, and the owner of the carriage must be hives in which they can gather and make their acted as driver. I saw this in your own town. (“What honey. In less than Afteen years, if the same progress of it?'') All I have to say of it is this, that if you, Black that has distinguished this country for the last fifteen Republicans, think that the negro ought to be on a social years continues, every foot of vacant land between this equality with your wives and daughters, and ride in a and the Pacific Ocean, owned by the United States, will carriage with your wife, whilst you drive the team, you be occupied. Will you not continue to increase at the have perfect right to do so. I am told that one of Fred end of fifteen years as well as now? I tell you, increase, Douglass's kinsmen, another rich black negro, is now and multiply, and expand, is the law of this nation's ex- traveling in this part of the State making speeches for istence. You cannot limit this great Republic by mere his friend Lincoln as the champion of black men. boundary lines, saying, “thus far shalt thou go, and no ("What have you to say against it?') All I have to say further.' Any one of you gentlemen might as well say on that subject is, that those of you who believe that the to a son twelve years old that he is big enough, and negro is your equal and ought to be on an equality with must not grow any larger, and in order to prevent his you socially, politically, and legally, have a right to en growth put a hoop around him to keep him to his pre- tertain those opinions, and of course will vote for Mr. sent size. What would be the result ? Either the hoop | Lincoln.
POPULAR SOVEREIGNTY IN THE TERRITORIES.
BY STEPHEN A.
From Harper's Magazine, 1859. UNDER our complex system of government it is the first free labor and slave labor, Free States and Slave States, duty of American statesmen to mark distinctly the divi- which is irreconcilable, and must continue to rage with ding line between Federal and Local Authority. To do increasing fury until the one shall become universal by this with accuracy involves an inquiry, not only into the the annihilation of the other. In the language of the most powers and duties of the Federal Government under the eminent and authoritative expounder of their political Constitution, but also into the rights, privileges, and im- faith, munities of the people of the Territories, as well as of
“It is an irrepressible conflict between opposing and endur. the States composing the Union. The relative powers ing forces; and it means that the United States must and will, and functions of the Federal and State governments have sooner or later, become either entirely a slave holding nation become well understood and clearly defined by their or entirely a free-labor nation. Either the cotton and rice practical operation and harmonious action for a long will ultimately be tilled by free labor, and Charleston and
fields of South Carolina, and the sugar plantations of Louisiana series of years; while the disputed question-involving New Orleans become marts for legitimate merchandise alone, the right of the people of the Territories to govern them.
or else the rye fields and wheat fields of Massachusetts and selves in respect to their local affairs and internal poli'y-New-York nust again be surrendered by their farmers to l'emains a fruitful source of partisan strife and sectional slave culture and to the production of slaves, and Boston and controversy. The political organization which was formed New York become once more markets for trade in the bodies in 1854, and has assumed the name of the Republican and souls of men.” Party, is based on the theory that African Slavery, as it In the Illinois canvass of 1858 the same proposition exists in this country, is an evil of such magnitude, was advocated and defended hy the distinguished Repubsocial, moral, and political-as to justify and require the lican standard-bearer in these words : exertion of the entire power and influence of the Fede. “In my opinion it (the Slavery agitation) will not cease until ral Government to the full extent that the Constitution, a crisis shall have been reached and passed. ‘A House divided according to their interpretation, will permit for its ulti- against itself cannot stand. I believe this government can. mate extinction. In the platform of principles adopted not endure permanently half slave and half free. I do not at Philadelphia by the Republican National Convention expect the House to fall, but I do expect it will cease to be in 1856, it is affirmed:
divided. It will become all one thing or all the other. Either
the opponents of Slavery will arrest the further spread of it, "That the Constitution confers upon Congress sovereign and place it where the public mind shall rest in the belief that power over the Territories of the United States for heir gov- it is in the course of ultimate extinction, or its advocates will ernment, and that in the exercise of this power it is both ihe push forward till it shall become alike lawful in all the States right and the duty of Congress to prohibit in the Territories -old as well as new, North as well as South.” those iwin relics of barbarism, polygamy and Slavery.". Thus it will be seen, that under the auspices of a poc
According to the theory of the Republican party there litical party, whiin claims sovereignty in Congress over is an irrepressibie conflict betwucu Freedom and slavery, the subject of Shivery there can be no peace on the
Slavery question-no truce in the sectional strife—no fra-, the creator; and that Congress, not possessing the power ternity between the North and South, so long as this Union to legislate in respect to African Slavery in the Territories, remains as our fathers made it-divided into free and cannot delegate to a Territorial Legislature any power slave States, with the right on the part of each to retain which it does not itself possess. Slavery so long as it chooses, and to abolish it whenever This proposition is as plausible as it is fallacious. But it pleases.
the reverse of it is true as a general rule. Congress canOn the other hand, it would be uncandid to deny that, not delegate to a Territorial Legislature, or to any other while the Democratic party is a unit in its irreconcilable body of men whatsoever, any power which the Constituopposition to the doctrines and principles of the Repub- tion has vested in Congress. In other words : Every lican party, there are radical ditferences of opinion in power conferred on Congress ly the Constitutici respect to the powe s and duties of Congress, and the must be exercised by Congress in the mode prescribed rights and immunities of the people of the Territories in the Constitution. under the Federal Constitution, which seriously disturb Let us test the correctness of this proposition by refer. its harmony and threaten its integrity. These differen-ence to the powers of Congress as defined in the Constituces of opinion arise from the different interpretations tion: placed on the Constitution by persons who belong to one “The Congress shall have powerof the following classes :
“To lay and collect taxes, duties, imposts, and excises," First.-Those who believe that the Constitution of the etc.; United States neither establishes nor prohibits Slavery in * To borrow money on the credit of the United States ;"' the States or Territories beyond the power of the people
"To regulate commerce and foreign nations," etc.;
"To establish a uniform rule of naturalization, etc.; legally to control it, but leaves the people thereof per
"To coin money, and regulate the value thereof;" fectly free to form and regulate their domestic institutions “To establish post offices and post-roads;" in their own way, subject only to the Constitution of the "To constituie tribunals inferior to the Supreme Court;" United States.'
"To declare war," etc. ; Second.-Those who believe that the Constitution es- "To provide and maintain a navy." tablishes Slavery in the Territories, and withholds from This list might be extended so as to embrace all the Congress and the Territorial Legislature the power to
power conferred on Congress by the Constitution; but control it; and who insist that, in the event the Territo- enough has been cited to test the principle. Will it be rial Legislature fails to enact the requisite laws for its contended that Congress can delegate any one of these protection, it becomes the imperative duty of Congress powers to a Territorial Legislature, or to any tribunal to interpose its authority and furnish such protection. whatever ? Can Congress delegate to Kansas the power
Third.-Those who, while professing to believe that to “regulate commerce, or to Nebraska the power to the Constitution establishes Slavery in the Territories be- establish uniform rules of naturalization," or to Illinois the yond the power of Cong.ess or the Territorial Legisla- powers to coin money and regulate the value thereof," ture to control it, at the same time protest against the or to Virginia the power “to establish post-offices and duty of Congress to interfere for its protection; but insist that it is the duty of the Judiciary to protect and
The mere statement of the question carries with it the maintain slavery in the Territories without any law upon emphatic answer, that Congress cannot delegate any the subject.
power which it does not possess ; but that every power conBy a careful examination of the second and third pro- ferred on Congress by the Constitution must be exercised positions, it will be seen that the advocates of each agree by Congress in the manner prescribed in that instrument. on the theoretical question, that the Constitution estab
On the other hand, there are cases in which Congress lishes Slavery in the Territories, and compels them to may establish tribunals and local governments, and invest have it whether they want it or not; and differ on the them with powers which Congress does not possess, and practical point, whether a right secured by the Constitu- cannot exercise under the Constitution. For instance, tion shall be protected by an act of Congress when all Congress may establish courts inferior to the Supreme aber remedies fail.
The reason assigned for not pro: Court, and confer upon them the power to hear and dctecting by law a right secured by the Constitution is, that termine cases, and render judgments affecting the life, it is the duty of the Courts to protect Slavery in the Ter- liberty, and property of the citizen, without itself having ritories without any legislation upon the subject. How the power to hear and determine such causes, render the Courts are to afford protection to slaves or any other judgments, or revise or annul the same. In like manner property, where there is no law providing remedies and Congress may institute governments for the Territories, imposing penalties and conferring jurisdiction upon the composed of an executive, judicial, and legislative departcourts to hear and determine the cases as they arise, re- ment; and may confer upon the Governor all the execumains to be explained
tive powers and functions of the Territory, without having The acts of Congress, establishing the several Territo- the right to exercise any one of those powers or functious ries of the United States, provide that: “The jurisdiction itself. of the several Courts herein provided for, both appellate Congress may confer upon the judicial department all and original, and that of the Probate Courts and Justices the judicial powers and functions of the Territory, without of the Peace shall be limited by law"-meaning such laws having the right to hear and determine a cause, or render as the Territorial Legislatures shall from time to time a judgment, or to revise or annul any decision made by enact. It will be seen that the judicial tribunals of the the courts so established by Congress. Congress may also Territories have just such jurisdiction, and only such, in confer upon the legislative department of the Territory respect to the rights of persons and property pertaining certain legislative powers which it can not itself exercise, to the citizens of the Territory as the Territorial Legisla- and only such as Congress cannot exercise under the ture shall see fit to confer; and consequently, that the Constitution. The powers which Congress may thus conCourts can afford protection to persons and property no fer, but cannot exercise, are such as relate to the dofurther than the Legislature shall, by law, confer the mestic affairs and internal polity of the Territory, and do jurisdiction, and prescribe the remedies, penalties, and not affect the general welfare of the Republic. modes of proceeding.
This dividing line between Federal and Local authority It is difficult to conceive how any person who believes was familiar to the framers of the Constitution. It is · that the Constitution confers the right of protection in clearly defined and distinctly marked on every page of his. the enjoyment of slave property in the Territories, regard-tory which records the great events of that immortal less of the wishes of the people and of the action of the struggle between the American Colonies and the British Territorial Legislature, can satisfy his conscience and Government, which resulted in the establishment of our his oath of fidelity to the Constitution in withholding such national indepenc ence. In the beginning of that strug. Congressional legislation as may be essential to the en-gle the Colonies neither contemplated nor desired indejoyment of such right under the Constitution. Under pendence. In all their addresses to the Crown, and to the this view of the
subject it is impossible to resist the con- Parliament, and to the people of Great Britain, as well as clusion that, if the Constitution does establish Slavery in to the people of America, they averred that as loyal British the Territories, beyond the power of the people to con- subjects they deplored the causes which impelled their setrol it by law, it is the imperative duty of Congress to paration from the parent country. They were strongly supply as the legislation necessary to its protection; and and affectionately attached to the Constitution, civil and if this proposition is not true, it necessarily results that political institutions and jurisprudence of Great Britain, the Constitution neither establishes nor prohibits Slavery which they proudly claimed as the birthright of all Englishanywhere, but leaves the people of each State and Terri- men; and desired to transmit them unimpaired as a pretory entirely free to form and regulate their domestic cious legacy to their posterity. For a long series of years affairs to suit themselves, without the intervention of they remonstrated against the violation of their inalienCongress or any other power whatsoever.
able rights of self-government under the British ConstituBut it is urged with great plausibility by those who have tion, and humbly petitioned for the redress of their griev. entire faith in the soundness of the proposition, that "a Territory is the inere creature of Congress; that the crea. They acknowledged and affirmed their allegiance to turc cannot be clothed with any powers not possessed by the Crown, their affection for the people, and their deva