The Papers and Writings of Abraham Lincoln, Complete

by Abraham Lincoln

The essence of the Dred Scott case is compressed into the sentence which I will now read:

"Now, as we have already said in an earlier part of this opinion, upon a different point, the right of property in a slave is distinctly and expressly affirmed in the Constitution."

I repeat it, "The right of property in a slave is distinctly and expressly affirmed in the Constitution"! What is it to be "affirmed" in the Constitution? Made firm in the Constitution, so made that it cannot be separated from the Constitution without breaking the Constitution; durable as the Constitution, and part of the Constitution. Now, remembering the provision of the Constitution which I have read—affirming that that instrument is the supreme law of the land; that the judges of every State shall be bound by it, any law or constitution of any State to the contrary notwithstanding; that the right of property in a slave is affirmed in that Constitution, is made, formed into, and cannot be separated from it without breaking it; durable as the instrument; part of the instrument;—what follows as a short and even syllogistic argument from it? I think it follows, and I submit to the consideration of men capable of arguing whether, as I state it, in syllogistic form, the argument has any fault in it:

Nothing in the Constitution or laws of any State can destroy a right distinctly and expressly affirmed in the Constitution of the United States.

The right of property in a slave is distinctly and expressly affirmed in the Constitution of the United States.

Therefore, nothing in the Constitution or laws of any State can destroy the right of property in a slave.

I believe that no fault can be pointed out in that argument; assuming the truth of the premises, the conclusion, so far as I have capacity at all to understand it, follows inevitably. There is a fault in it as I think, but the fault is not in the reasoning; but the falsehood in fact is a fault of the premises. I believe that the right of property in a slave is not distinctly and expressly affirmed in the Constitution, and Judge Douglas thinks it is. I believe that the Supreme Court and the advocates of that decision may search in vain for the place in the Constitution where the right of property in a slave is distinctly and expressly affirmed I say, therefore, that I think one of the premises is not true in fact. But it is true with Judge Douglas. It is true with the Supreme Court who pronounced it. They are estopped from denying it, and being estopped from denying it, the conclusion follows that, the Constitution of the United States being the supreme law, no constitution or law can interfere with it. It being affirmed in the decision that the right of property in a slave is distinctly and expressly affirmed in the Constitution, the conclusion inevitably follows that no State law or constitution can destroy that right. I then say to Judge Douglas and to all others that I think it will take a better answer than a sneer to show that those who have said that the right of property in a slave is distinctly and expressly affirmed in the Constitution, are not prepared to show that no constitution or law can destroy that right. I say I believe it will take a far better argument than a mere sneer to show to the minds of intelligent men that whoever has so said is not prepared, whenever public sentiment is so far advanced as to justify it, to say the other. This is but an opinion, and the opinion of one very humble man; but it is my opinion that the Dred Scott decision, as it is, never would have been made in its present form if the party that made it had not been sustained previously by the elections. My own opinion is, that the new Dred Scott decision, deciding against the right of the people of the States to exclude slavery, will never be made if that party is not sustained by the elections. I believe, further, that it is just as sure to be made as to-morrow is to come, if that party shall be sustained. I have said, upon a former occasion, and I repeat it now, that the course of arguement that Judge Douglas makes use of upon this subject (I charge not his motives in this), is preparing the public mind for that new Dred Scott decision. I have asked him again to point out to me the reasons for his first adherence to the Dred Scott decision as it is. I have turned his attention to the fact that General Jackson differed with him in regard to the political obligation of a Supreme Court decision. I have asked his attention to the fact that Jefferson differed with him in regard to the political obligation of a Supreme Court decision. Jefferson said that "Judges are as honest as other men, and not more so." And he said, substantially, that whenever a free people should give up in absolute submission to any department of government, retaining for themselves no appeal from it, their liberties were gone. I have asked his attention to the fact that the Cincinnati platform, upon which he says he stands, disregards a time-honored decision of the Supreme Court, in denying the power of Congress to establish a National Bank. I have asked his attention to the fact that he himself was one of the most active instruments at one time in breaking down the Supreme Court of the State of Illinois because it had made a decision distasteful to him,—a struggle ending in the remarkable circumstance of his sitting down as one of the new Judges who were to overslaugh that decision; getting his title of Judge in that very way.

So far in this controversy I can get no answer at all from Judge Douglas upon these subjects. Not one can I get from him, except that he swells himself up and says, "All of us who stand by the decision of the Supreme Court are the friends of the Constitution; all you fellows that dare question it in any way are the enemies of the Constitution." Now, in this very devoted adherence to this decision, in opposition to all the great political leaders whom he has recognized as leaders, in opposition to his former self and history, there is something very marked. And the manner in which he adheres to it,—not as being right upon the merits, as he conceives (because he did not discuss that at all), but as being absolutely obligatory upon every one simply because of the source from whence it comes, as that which no man can gainsay, whatever it may be,—this is another marked feature of his adherence to that decision. It marks it in this respect, that it commits him to the next decision, whenever it comes, as being as obligatory as this one, since he does not investigate it, and won't inquire whether this opinion is right or wrong. So he takes the next one without inquiring whether it is right or wrong. He teaches men this doctrine, and in so doing prepares the public mind to take the next decision when it comes, without any inquiry. In this I think I argue fairly (without questioning motives at all) that Judge Douglas is most ingeniously and powerfully preparing the public mind to take that decision when it comes; and not only so, but he is doing it in various other ways. In these general maxims about liberty, in his assertions that he "don't care whether slavery is voted up or voted down,"; that "whoever wants slavery has a right to have it"; that "upon principles of equality it should be allowed to go everywhere"; that "there is no inconsistency between free and slave institutions"—in this he is also preparing (whether purposely or not) the way for making the institution of slavery national! I repeat again, for I wish no misunderstanding, that I do not charge that he means it so; but I call upon your minds to inquire, if you were going to get the best instrument you could, and then set it to work in the most ingenious way, to prepare the public mind for this movement, operating in the free States, where there is now an abhorrence of the institution of slavery, could you find an instrument so capable of doing it as Judge Douglas, or one employed in so apt a way to do it?

I have said once before, and I will repeat it now, that Mr. Clay, when he was once answering an objection to the Colonization Society, that it had a tendency to the ultimate emancipation of the slaves, said that:

"Those who would repress all tendencies to liberty and ultimate emancipation must do more than put down the benevolent efforts of the Colonization Society: they must go back to the era of our liberty and independence, and muzzle the cannon that thunders its annual joyous return; they must blow out the moral lights around us; they must penetrate the human soul, and eradicate the light of reason and the love of liberty!"