The Papers and Writings of Abraham Lincoln, Complete

by Abraham Lincoln

"That it will have this tendency may be expected, and for that reason I feel an urgency to note what I deem an error in it, the more requiring notice as your opinion is strengthened by that of many others. You seem, in pages 84 and 148, to consider the judges as the ultimate arbiters of all constitutional questions,—a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. Their maxim is, 'Boni judicis est ampliare jurisdictionem'; and their power is the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that, to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign with themselves."

Thus we see the power claimed for the Supreme Court by Judge Douglas, Mr. Jefferson holds, would reduce us to the despotism of an oligarchy.

Now, I have said no more than this,—in fact, never quite so much as this; at least I am sustained by Mr. Jefferson.

Let us go a little further. You remember we once had a National Bank. Some one owed the bank a debt; he was sued, and sought to avoid payment on the ground that the bank was unconstitutional. The case went to the Supreme Court, and therein it was decided that the bank was constitutional. The whole Democratic party revolted against that decision. General Jackson himself asserted that he, as President, would not be bound to hold a National Bank to be constitutional, even though the court had decided it to be so. He fell in precisely with the view of Mr. Jefferson, and acted upon it under his official oath, in vetoing a charter for a National Bank. The declaration that Congress does not possess this constitutional power to charter a bank has gone into the Democratic platform, at their National Conventions, and was brought forward and reaffirmed in their last Convention at Cincinnati. They have contended for that declaration, in the very teeth of the Supreme Court, for more than a quarter of a century. In fact, they have reduced the decision to an absolute nullity. That decision, I repeat, is repudiated in the Cincinnati platform; and still, as if to show that effrontery can go no further, Judge Douglas vaunts in the very speeches in which he denounces me for opposing the Dred Scott decision that he stands on the Cincinnati platform.

Now, I wish to know what the Judge can charge upon me, with respect to decisions of the Supreme Court, which does not lie in all its length, breadth, and proportions at his own door. The plain truth is simply this: Judge Douglas is for Supreme Court decisions when he likes and against them when he does not like them. He is for the Dred Scott decision because it tends to nationalize slavery; because it is part of the original combination for that object. It so happens, singularly enough, that I never stood opposed to a decision of the Supreme Court till this, on the contrary, I have no recollection that he was ever particularly in favor of one till this. He never was in favor of any nor opposed to any, till the present one, which helps to nationalize slavery.

Free men of Sangamon, free men of Illinois, free men everywhere, judge ye between him and me upon this issue.

He says this Dred Scott case is a very small matter at most,—that it has no practical effect; that at best, or rather, I suppose, at worst, it is but an abstraction. I submit that the proposition that the thing which determines whether a man is free or a slave is rather concrete than abstract. I think you would conclude that it was, if your liberty depended upon it, and so would Judge Douglas, if his liberty depended upon it. But suppose it was on the question of spreading slavery over the new Territories that he considers it as being merely an abstract matter, and one of no practical importance. How has the planting of slavery in new countries always been effected? It has now been decided that slavery cannot be kept out of our new Territories by any legal means. In what do our new Territories now differ in this respect from the old Colonies when slavery was first planted within them? It was planted, as Mr. Clay once declared, and as history proves true, by individual men, in spite of the wishes of the people; the Mother Government refusing to prohibit it, and withholding from the people of the Colonies the authority to prohibit it for themselves. Mr. Clay says this was one of the great and just causes of complaint against Great Britain by the Colonies, and the best apology we can now make for having the institution amongst us. In that precise condition our Nebraska politicians have at last succeeded in placing our own new Territories; the government will not prohibit slavery within them, nor allow the people to prohibit it.

I defy any man to find any difference between the policy which originally planted slavery in these Colonies and that policy which now prevails in our new Territories. If it does not go into them, it is only because no individual wishes it to go. The Judge indulged himself doubtless to-day with the question as to what I am going to do with or about the Dred Scott decision. Well, Judge, will you please tell me what you did about the bank decision? Will you not graciously allow us to do with the Dred Scott decision precisely as you did with the bank decision? You succeeded in breaking down the moral effect of that decision: did you find it necessary to amend the Constitution, or to set up a court of negroes in order to do it?

There is one other point. Judge Douglas has a very affectionate leaning toward the Americans and Old Whigs. Last evening, in a sort of weeping tone, he described to us a death-bed scene. He had been called to the side of Mr. Clay, in his last moments, in order that the genius of "popular sovereignty" might duly descend from the dying man and settle upon him, the living and most worthy successor. He could do no less than promise that he would devote the remainder of his life to "popular sovereignty"; and then the great statesman departs in peace. By this part of the "plan of the campaign" the Judge has evidently promised himself that tears shall be drawn down the cheeks of all Old Whigs, as large as half-grown apples.

Mr. Webster, too, was mentioned; but it did not quite come to a death-bed scene as to him. It would be amusing, if it were not disgusting, to see how quick these compromise-breakers administer on the political effects of their dead adversaries, trumping up claims never before heard of, and dividing the assets among themselves. If I should be found dead to-morrow morning, nothing but my insignificance could prevent a speech being made on my authority, before the end of next week. It so happens that in that "popular sovereignty" with which Mr. Clay was identified, the Missouri Compromise was expressly reversed; and it was a little singular if Mr. Clay cast his mantle upon Judge Douglas on purpose to have that compromise repealed.