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"House
Divided" Speech
Springfield,
Illinois, June 16, 1858
MR. PRESIDENT AND GENTLEMEN OF THE CONVENTION:
If we could
first know where we are, and whither we are tending, we could better judge
what to do, and how to do it. We are now far into the fifth year since
a policy was initiated with the avowed object, and confident promise,
of putting an end to slavery agitation. Under the operation of that policy,
that agitation has not only not ceased, but has constantly augmented.
In my opinion, it will not cease, until a crisis shall have been reached
and passed. "A house divided against itself cannot stand." I
believe this government cannot endure permanently half slave and half
free. I do not expect the Union to be dissolved -- I do not expect the
house to fall -- but I do expect it will cease to be divided. It will
become all one thing, or all the other. Either the opponents of slavery
will arrest the further spread of it, and place it where the public mind
shall rest in the belief that it is in the course of ultimate extinction;
or its advocates will push it forward, till it shall become alike lawful
in all the States, old as well as new -- North as well as South.
Have we no
tendency to the latter condition?
Let any one
who doubts, carefully contemplate that now almost complete legal combination
-- piece of machinery, so to speak -- compounded of the Nebraska doctrine,
and the Dred Scott decision. Let him consider not only what work the machinery
is adapted to do, and how well adapted; but also, let him study the history
of its construction, and trace, if he can, or rather fail, if he can,
to trace the evidences of design, and concert of action, among its chief
architects, from the beginning.
The new year
of 1854 found slavery excluded from more than half the States by State
Constitutions, and from most of the national territory by Congressional
prohibition. Four days later, commenced the struggle which ended in repealing
that Congressional prohibition. This opened all the national territory
to slavery, and was the first point gained.
But, so far,
Congress only had acted; and an indorsement by the people, real or apparent,
was indispensable, to save the point already gained, and give chance for
more.
This necessity
had not been overlooked; but had been provided for, as well as might be,
in the notable argument of "squatter sovereignty," otherwise
called "sacred right of self-government," which latter phrase,
though expressive of the only rightful basis of any government, was so
perverted in this attempted use of it as to amount to just this: That
if any one man choose to enslave another, no third man shall be allowed
to object. That argument was incorporated into the Nebraska bill itself,
in the language which follows: "It being the true intent and meaning
of this act not to legislate slavery into any Territory or State, nor
to exclude it therefrom; but to leave the people thereof perfectly free
to form and regulate their domestic institutions in their own way, subject
only to the Constitution of the United States." Then opened the roar
of loose declamation in favor of "Squatter Sovereignty," and
"sacred right of self-government." "But," said opposition
members, "let us amend the bill so as to expressly declare that the
people of the Territory may exclude slavery." "Not we,"
said the friends of the measure; and down they voted the amendment.
While the
Nebraska bill was passing through Congress, a law case involving the question
of a negro's freedom, by reason of his owner having voluntarily taken
him first into a free State and then into a Territory covered by the Congressional
prohibition, and held him as a slave for a long time in each, was passing
through the U. S. Circuit Court for the District of Missouri; and both
Nebraska bill and law suit were brought to a decision in the same month
of May, 1854. The negro's name was "Dred Scott," which name
now designates the decision finally made in the case. Before the then
next Presidential election, the law case came to, and was argued in, the
Supreme Court of the United States; but the decision of it was deferred
until after the election. Still, before the election, Senator Trumbull,
on the floor of the Senate, requested the leading advocate of the Nebraska
bill to state his opinion whether the people of a Territory can constitutionally
exclude slavery from their limits; and the latter answers: "That
is a question for the Supreme Court."
The election
came. Mr. Buchanan was elected, and the indorsement, such as it was, secured.
That was the second point gained. The indorsement, however, fell short
of a clear popular majority by nearly four hundred thousand votes, and
so, perhaps, was not overwhelmingly reliable and satisfactory. The outgoing
President, in his last annual message, as impressively as possible echoed
back upon the people the weight and authority of the endorsement. The
Supreme Court met again; did not announce their decision, but ordered
a re-argument. The Presidential inauguration came, and still no decision
of the court; but the incoming President in his inaugural address, fervently
exhorted the people to abide by the forthcoming decision, whatever it
might be. Then, in a few days, came the decision.
The reputed
author of the Nebraska bill finds an early occasion to make a speech at
this capital indorsing the Dred Scott decision, and vehemently denouncing
all opposition to it. The new President, too, seizes the early occasion
of the Silliman letter to indorse and strongly construe that decision,
and to express his astonishment that any different view had ever been
entertained!
At length
a squabble springs up between the President and the author of the Nebraska
bill, on the mere question of fact, whether the Lecompton Constitution
was or was not, in any just sense, made by the people of Kansas; and in
that quarrel the latter declares that all he wants is a fair vote for
the people, and that he cares not whether slavery be voted down or voted
up. I do not understand his declaration that he cares not whether slavery
be voted down or voted up, to be intended by him other than as an apt
definition of the policy he would impress upon the public mind -- the
principle for which he declares he has suffered so much, and is ready
to suffer to the end. And well may he cling to that principle. If he has
any parental feeling, well may he cling to it. That principle is the only
shred left of his original Nebraska doctrine. Under the Dred Scott decision
"squatter sovereignty" squatted out of existence, tumbled down
like temporary scaffolding -- like the mould at the foundry served through
one blast and fell back into loose sand -- helped to carry an election,
and then was kicked to the winds. His late joint struggle with the Republicans,
against the Lecompton Constitution, involves nothing of the original Nebraska
doctrine. That struggle was made on a point -- the right of a people to
make their own constitution -- upon which he and the Republicans have
never differed.
The several
points of the Dred Scott decision, in connection, with Senator Douglas's
"care not" policy, constitute the piece of machinery, in its
present state of advancement. This was the third point gained. The working
points of that machinery are:
First, That
no negro slave, imported as such from Africa, and no descendant of such
slave, can ever be a citizen of any State, in the sense of that term as
used in the Constitution of the United States. This point is made in order
to deprive the negro, in every possible event, of the benefit of that
provision of the United States Constitution, which declares that "The
citizens of each State, shall be entitled to all privileges and immunities
of citizens in the several States."
Secondly,
That "subject to the Constitution of the United States," neither
Congress nor a Territorial Legislature can exclude slavery from any United
States territory. This point is made in order that individual men may
fill up the Territories with slaves, without danger of losing them as
property, and thus to enhance the chances of permanency to the institution
through all the future.
Thirdly,
That whether the holding a negro in actual slavery in a free State, makes
him free, as against the holder, the United States courts will not decide,
but will leave to be decided by the courts of any slave State the negro
may be forced into by the master. This point is made, not to be pressed
immediately; but, if acquiesced in for awhile, and apparently indorsed
by the people at an election, then to sustain the logical conclusion that
what Dred Scott's master might lawfully do with Dred Scott, in the free
State of Illinois, every other master may lawfully do with any other one,
or one thousand slaves, in Illinois, or in any other free State.
Auxiliary
to all this, and working hand in hand with it, the Nebraska doctrine,
or what is left of it, is to educate and mould public opinion, at least
Northern public opinion, not to care whether slavery is voted down or
voted up. This shows exactly where we now are; and partially, also, whither
we are tending.
It will throw
additional light on the latter, to go back, and run the mind over the
string of historical facts already stated. Several things will now appear
less dark and mysterious than they did when they were transpiring. The
people were to be left "perfectly free," "subject only
to the Constitution." What the Constitution had to do with it, outsiders
could not then see. Plainly enough now, it was an exactly fitted niche,
for the Dred Scott decision to afterward come in, and declare the perfect
freedom of the people to be just no freedom at all. Why was the amendment,
expressly declaring the right of the people, voted down? Plainly enough
now: the adoption of it would have spoiled the niche for the Dred Scott
decision. Why was the court decision held up? Why even a Senator's individual
opinion withheld, till after the Presidential election? Plainly enough
now: the speaking out then would have damaged the perfectly free argument
upon which the election was to be carried. Why the outgoing President's
felicitation on the indorsement? Why the delay of a reargument? Why the
incoming President's advance exhortation in favor of the decision? These
things look like the cautious patting and petting of a spirited horse
preparatory to mounting him, when it is dreaded that he may give the rider
a fall. And why the hasty after-indorsement of the decision by the President
and others?
We cannot
absolutely know that all these exact adaptations are the result of preconcert.
But when we see a lot of framed timbers, different portions of which we
know have been gotten out at different times and places and by different
workmen -- Stephen, Franklin, Roger and James, for instance -- and when
we see these timbers joined together, and see they exactly make the frame
of a house or a mill, all the tenons and mortices exactly fitting, and
all the lengths and proportions of the different pieces exactly adapted
to their respective places, and not a piece too many or too few -- not
omitting even scaffolding -- or, if a single piece be lacking, we see
the place in the frame exactly fitted and prepared yet to bring such a
piece in -- in such a case, we find it impossible not to believe that
Stephen and Franklin and Roger and James all understood one another from
the beginning, and all worked upon a common plan or draft drawn up before
the first blow was struck.
It should
not be overlooked that, by the Nebraska bill, the people of a State as
well as Territory, were to be left "perfectly free," "subject
only to the Constitution." Why mention a State? They were legislating
for Territories, and not for or about States. Certainly the people of
a State are and ought to be subject to the Constitution of the United
States; but why is mention of this lugged into this merely Territorial
law? Why are the people of a Territory and the people of a State therein
lumped together, and their relation to the Constitution therein treated
as being precisely the same? While the opinion of the court, by Chief
Justice Taney, in the Dred Scott case, and the separate opinions of all
the concurring Judges, expressly declare that the Constitution of the
United States neither permits Congress nor a Territorial Legislature to
exclude slavery from any United States Territory, they all omit to declare
whether or not the same Constitution permits a State, or the people of
a State, to exclude it. Possibly, this is a mere omission; but who can
be quite sure, if McLean or Curtis had sought to get into the opinion
a declaration of unlimited power in the people of a State to exclude slavery
from their limits, just as Chase and Mace sought to get such declaration,
in behalf of the people of a Territory, into the Nebraska bill; -- I ask,
who can be quite sure that it would not have been voted down in the one
case as it had been in the other? The nearest approach to the point of
declaring the power of a State over slavery, is made by Judge Nelson.
He approaches it more than once, using the precise idea, and almost the
language, too, of the Nebraska act. On one occasion, his exact language
is, "except in cases where the power is restrained by the Constitution
of the United States, the law of the State is supreme over the subject
of slavery within its jurisdiction." In what cases the power of the
States is so restrained by the United States Constitution, is left an
open question, precisely as the same question, as to the restraint on
the power of the Territories, was left open in the Nebraska act. Put this
and that together, and we have another nice little niche, which we may,
ere long, see filled with another Supreme Court decision, declaring that
the Constitution of the United States does not permit a State to exclude
slavery from its limits. And this may especially be expected if the doctrine
of "care not whether slavery be voted down or voted up," shall
gain upon the public mind sufficiently to give promise that such a decision
can be maintained when made.
Such a decision
is all that slavery now lacks of being alike lawful in all the States.
Welcome, or unwelcome, such decision is probably coming, and will soon
be upon us, unless the power of the present political dynasty shall be
met and overthrown. We shall lie down pleasantly dreaming that the people
of Missouri are on the verge of making their State free, and we shall
awake to the reality instead, that the Supreme Court has made Illinois
a slave State. To meet and overthrow the power of that dynasty, is the
work now before all those who would prevent that consummation. That is
what we have to do. How can we best do it?
There are
those who denounce us openly to their own friends, and yet whisper us
softly, that Senator Douglas is the aptest instrument there is with which
to effect that object. They wish us to infer all, from the fact that he
now has a little quarrel with the present head of the dynasty; and that
he has regularly voted with us on a single point, upon which he and we
have never differed. They remind us that he is a great man, and that the
largest of us are very small ones. Let this be granted. But "a living
dog is better than a dead lion." Judge Douglas, if not a dead lion,
for this work, is at least a caged and toothless one. How can he oppose
the advances of slavery? He don't care anything about it. His avowed mission
is impressing the "public heart" to care nothing about it. A
leading Douglas democratic newspaper thinks Douglas's superior talent
will be needed to resist the revival of the African slave trade. Does
Douglas believe an effort to revive that trade is approaching? He has
not said so. Does he really think so? But if it is, how can he resist
it? For years he has labored to prove it a sacred right of white men to
take negro slaves into the new Territories. Can he possibly show that
it is less a sacred right to buy them where they can be bought cheapest?
And unquestionably they can be bought cheaper in Africa than in Virginia.
He has done all in his power to reduce the whole question of slavery to
one of a mere right of property; and as such, how can he oppose the foreign
slave trade -- how can he refuse that trade in that "property"
shall be "perfectly free" -- unless he does it as a protection
to the home production? And as the home producers will probably not ask
the protection, he will be wholly without a ground of opposition.
Senator Douglas
holds, we know, that a man may rightfully be wiser to-day than he was
yesterday -- that he may rightfully change when he finds himself wrong.
But can we, for that reason, run ahead, and infer that he will make any
particular change, of which he, himself, has given no intimation? Can
we safely base our action upon any such vague inference? Now, as ever,
I wish not to misrepresent Judge Douglas's position, question his motives,
or do aught that can be personally offensive to him. Whenever, if ever,
he and we can come together on principle so that our cause may have assistance
from his great ability, I hope to have interposed no adventitious obstacle.
But clearly, he is not now with us -- he does not pretend to be -- he
does not promise ever to be.
Our cause,
then, must be intrusted to, and conducted by, its own undoubted friends
-- those whose hands are free, whose hearts are in the work -- who do
care for the result. Two years ago the Republicans of the nation mustered
over thirteen hundred thousand strong. We did this under the single impulse
of resistance to a common danger, with every external circumstance against
us. Of strange, discordant, and even hostile elements, we gathered from
the four winds, and formed and fought the battle through, under the constant
hot fire of a disciplined, proud and pampered enemy. Did we brave all
then, to falter now? --now, when that same enemy is wavering, dissevered
and belligerent? The result is not doubtful. We shall not fail -- if we
stand firm, we shall not fail. Wise counsels may accelerate, or mistakes
delay it, but, sooner or later, the victory is sure to come.
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