The Papers And Writings Of Abraham Lincoln Part 45

AFTER THE DEMOCRATIC VICTORY OF BUCHANAN

FRAGMENT OF SPEECH AT A REPUBLICAN BANQUET IN CHICAGO, DECEMBER 10, 1856.

We have another annual Presidential message. Like a rejected lover making merry at the wedding of his rival, the President felicitates himself hugely over the late Presidential election. He considers the result a signal triumph of good principles and good men, and a very pointed rebuke of bad ones. He says the people did it. He forgets that the "people," as he complacently calls only those who voted for Buchanan, are in a minority of the whole people by about four hundred thousand votes--one full tenth of all the votes. Remembering this, he might perceive that the "rebuke"

may not be quite as durable as he seems to think--that the majority may not choose to remain permanently rebuked by that minority.

The President thinks the great body of us Fremonters, being ardently attached to liberty, in the abstract, were duped by a few wicked and designing men. There is a slight difference of opinion on this. We think he, being ardently attached to the hope of a second term, in the concrete, was duped by men who had liberty every way. He is the cat's-paw. By much dragging of chestnuts from the fire for others to eat, his claws are burnt off to the gristle, and he is thrown aside as unfit for further use.

As the fool said of King Lear, when his daughters had turned him out of doors, "He 's a sh.e.l.led peascod" ("That 's a sheal'd peascod").

So far as the President charges us "with a desire to change the domestic inst.i.tutions of existing States," and of "doing everything in our power to deprive the Const.i.tution and the laws of moral authority," for the whole party on belief, and for myself on knowledge, I p.r.o.nounce the charge an unmixed and unmitigated falsehood.

Our government rests in public opinion. Whoever can change public opinion can change the government practically just so much. Public opinion, on any subject, always has a "central idea," from which all its minor thoughts radiate. That "central idea" in our political public opinion at the beginning was, and until recently has continued to be, "the equality of men." And although it has always submitted patiently to whatever of inequality there seemed to be as matter of actual necessity, its constant working has been a steady progress toward the practical equality of all men. The late Presidential election was a struggle by one party to discard that central idea and to subst.i.tute for it the opposite idea that slavery is right in the abstract, the workings of which as a central idea may be the perpetuity of human slavery and its extension to all countries and colors. Less than a year ago the Richmond Enquirer, an avowed advocate of slavery, regardless of color, in order to favor his views, invented the phrase "State equality," and now the President, in his message, adopts the Enquirer's catch-phrase, telling us the people "have a.s.serted the const.i.tutional equality of each and all of the States of the Union as States." The President flatters himself that the new central idea is completely inaugurated; and so indeed it is, so far as the mere fact of a Presidential election can inaugurate it. To us it is left to know that the majority of the people have not yet declared for it, and to hope that they never will.

All of us who did not vote for Mr. Buchanan, taken together, are a majority of four hundred thousand. But in the late contest we were divided between Fremont and Fillmore. Can we not come together for the future? Let every one who really believes and is resolved that free society is not and shall not be a failure, and who can conscientiously declare that in the last contest he has done only what he thought best--let every such one have charity to believe that every other one can say as much. Thus let bygones be bygones; let past differences as nothing be; and with steady eye on the real issue let us reinaugurate the good old "central idea" of the republic. We can do it. The human heart is with us; G.o.d is with us. We shall again be able, not to declare that "all States as States are equal,"

nor yet that "all citizens as citizens are equal," but to renew the broader, better declaration, including both these and much more, that "all men are created equal."

TO Dr. R. BOAL.

SPRINGFIELD, Dec. 25, 1856.

DEAR SIR:-When I was at Chicago two weeks ago I saw Mr. Arnold, and from a remark of his I inferred he was thinking of the speakership, though I think he was not anxious about it. He seemed most anxious for harmony generally, and particularly that the contested seats from Peoria and McDonough might be rightly determined. Since I came home I had a talk with Cullom, one of our American representatives here, and he says he is for you for Speaker and also that he thinks all the Americans will be for you, unless it be Gorin, of Macon, of whom he cannot speak. If you would like to be Speaker go right up and see Arnold. He is talented, a practised debater, and, I think, would do himself more credit on the floor than in the Speaker's seat. Go and see him; and if you think fit, show him this letter.

Your friend as ever,

A. LINCOLN.

1857

TO JOHN E. ROSETTE. Private.

SPRINGFIELD, ILL., February 10, 1857.

DEAR SIR:--Your note about the little paragraph in the Republican was received yesterday, since which time I have been too unwell to notice it. I had not supposed you wrote or approved it. The whole originated in mistake. You know by the conversation with me that I thought the establishment of the paper unfortunate, but I always expected to throw no obstacle in its way, and to patronize it to the extent of taking and paying for one copy. When the paper was brought to my house, my wife said to me, "Now are you going to take another worthless little paper?" I said to her evasively, "I have not directed the paper to be left." From this, in my absence, she sent the message to the carrier. This is the whole story.

Yours truly,

A. LINCOLN.

RESPONSE TO A DOUGLAS SPEECH

SPEECH IN SPRINGFIELD, ILLINOIS, JUNE 26, 1857.

FELLOW-CITIZENS:--I am here to-night partly by the invitation of some of you, and partly by my own inclination. Two weeks ago Judge Douglas spoke here on the several subjects of Kansas, the Dred Scott decision, and Utah.

I listened to the speech at the time, and have the report of it since.

It was intended to controvert opinions which I think just, and to a.s.sail (politically, not personally) those men who, in common with me, entertain those opinions. For this reason I wished then, and still wish, to make some answer to it, which I now take the opportunity of doing.

I begin with Utah. If it prove to be true, as is probable, that the people of Utah are in open rebellion to the United States, then Judge Douglas is in favor of repealing their territorial organization, and attaching them to the adjoining States for judicial purposes. I say, too, if they are in rebellion, they ought to be somehow coerced to obedience; and I am not now prepared to admit or deny that the Judge's mode of coercing them is not as good as any. The Republicans can fall in with it without taking back anything they have ever said. To be sure, it would be a considerable backing down by Judge Douglas from his much-vaunted doctrine of self-government for the Territories; but this is only additional proof of what was very plain from the beginning, that that doctrine was a mere deceitful pretense for the benefit of slavery. Those who could not see that much in the Nebraska act itself, which forced governors, and secretaries, and judges on the people of the Territories without their choice or consent, could not be made to see, though one should rise from the dead.

But in all this it is very plain the Judge evades the only question the Republicans have ever pressed upon the Democracy in regard to Utah. That question the Judge well knew to be this: "If the people of Utah peacefully form a State const.i.tution tolerating polygamy, will the Democracy admit them into the Union?" There is nothing in the United States Const.i.tution or law against polygamy; and why is it not a part of the Judge's "sacred right of self-government" for the people to have it, or rather to keep it, if they choose? These questions, so far as I know, the Judge never answers. It might involve the Democracy to answer them either way, and they go unanswered.

As to Kansas. The substance of the Judge's speech on Kansas is an effort to put the free-State men in the wrong for not voting at the election of delegates to the const.i.tutional convention. He says:

"There is every reason to hope and believe that the law will be fairly interpreted and impartially executed, so as to insure to every bona fide inhabitant the free and quiet exercise of the elective franchise."

It appears extraordinary that Judge Douglas should make such a statement.

He knows that, by the law, no one can vote who has not been registered; and he knows that the free-State men place their refusal to vote on the ground that but few of them have been registered. It is possible that this is not true, but Judge Douglas knows it is a.s.serted to be true in letters, newspapers, and public speeches, and borne by every mail and blown by every breeze to the eyes and ears of the world. He knows it is boldly declared that the people of many whole counties, and many whole neighborhoods in others, are left unregistered; yet he does not venture to contradict the declaration, or to point out how they can vote without being registered; but he just slips along, not seeming to know there is any such question of fact, and complacently declares:

"There is every reason to hope and believe that the law will be fairly and impartially executed, so as to insure to every bona fide inhabitant the free and quiet exercise of the elective franchise."

I readily agree that if all had a chance to vote they ought to have voted.

If, on the contrary, as they allege, and Judge Douglas ventures not to particularly contradict, few only of the free-State men had a chance to vote, they were perfectly right in staying from the polls in a body.

By the way, since the Judge spoke, the Kansas election has come off. The Judge expressed his confidence that all the Democrats in Kansas would do their duty-including "free-State Democrats," of course. The returns received here as yet are very incomplete; but so far as they go, they indicate that only about one sixth of the registered voters have really voted; and this, too, when not more, perhaps, than one half of the rightful voters have been registered, thus showing the thing to have been altogether the most exquisite farce ever enacted. I am watching with considerable interest to ascertain what figure "the free-State Democrats"

cut in the concern. Of course they voted,--all Democrats do their duty,--and of course they did not vote for slave-State candidates. We soon shall know how many delegates they elected, how many candidates they had pledged to a free State, and how many votes were cast for them.

Allow me to barely whisper my suspicion that there were no such things in Kansas as "free-State Democrats"--that they were altogether mythical, good only to figure in newspapers and speeches in the free States. If there should prove to be one real living free-State Democrat in Kansas, I suggest that it might be well to catch him, and stuff and preserve his skin as an interesting specimen of that soon-to-be extinct variety of the genus Democrat.

And now as to the Dred Scott decision. That decision declares two propositions--first, that a negro cannot sue in the United States courts; and secondly, that Congress cannot prohibit slavery in the Territories. It was made by a divided court dividing differently on the different points.

Judge Douglas does not discuss the merits of the decision, and in that respect I shall follow his example, believing I could no more improve on McLean and Curtis than he could on Taney.

He denounces all who question the correctness of that decision, as offering violent resistance to it. But who resists it? Who has, in spite of the decision, declared Dred Scott free, and resisted the authority of his master over him?

Judicial decisions have two uses--first, to absolutely determine the case decided, and secondly, to indicate to the public how other similar cases will be decided when they arise. For the latter use, they are called "precedents" and "authorities."

We believe as much as Judge Douglas (perhaps more) in obedience to, and respect for, the judicial department of government. We think its decisions on const.i.tutional questions, when fully settled, should control not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Const.i.tution as provided in that instrument itself. More than this would be revolution. But we think the Dred Scott decision is erroneous. We know the court that made it has often overruled its own decisions, and we shall do what we can to have it to overrule this. We offer no resistance to it.

Judicial decisions are of greater or less authority as precedents according to circ.u.mstances. That this should be so accords both with common sense and the customary understanding of the legal profession.

If this important decision had been made by the unanimous concurrence of the judges, and without any apparent partisan bias, and in accordance with legal public expectation and with the steady practice of the departments throughout our history, and had been in no part based on a.s.sumed historical facts which are not really true; or, if wanting in some of these, it had been before the court more than once, and had there been affirmed and reaffirmed through a course of years, it then might be, perhaps would be, factious, nay, even revolutionary, not to acquiesce in it as a precedent.

But when, as is true, we find it wanting in all these claims to the public confidence, it is not resistance, it is not factious, it is not even disrespectful, to treat it as not having yet quite established a settled doctrine for the country. But Judge Douglas considers this view awful.

Hear him:

"The courts are the tribunals prescribed by the Const.i.tution and created by the authority of the people to determine, expound, and enforce the law.

Hence, whoever resists the final decision of the highest judicial tribunal aims a deadly blow at our whole republican system of government--a blow which, if successful, would place all our rights and liberties at the mercy of pa.s.sion, anarchy, and violence. I repeat, therefore, that if resistance to the decisions of the Supreme Court of the United States, in a matter like the points decided in the Dred Scott case, clearly within their jurisdiction as defined by the Const.i.tution, shall be forced upon the country as a political issue, it will become a distinct and naked issue between the friends and enemies of the Const.i.tution--the friends and the enemies of the supremacy of the laws."

Why, this same Supreme Court once decided a national bank to be const.i.tutional; but General Jackson, as President of the United States, disregarded the decision, and vetoed a bill for a recharter, partly on const.i.tutional ground, declaring that each public functionary must support the Const.i.tution "as he understands it." But hear the General's own words.

Here they are, taken from his veto message: