Page images
PDF
EPUB

can conceive it possible for men to conspire to do a good thing, and I really find nothing in Judge Douglas's course of arguments that is contrary to or inconsistent with his belief of a conspiracy to nationalize and spread slavery as being a good and blessed thing; and so I hope he will understand that I do not at all question but that in all this matter he is entirely "conscientious."

[ocr errors]

But to draw your attention to one of the points I made in this case, beginning at the beginning: When the Nebraska Bill was introduced, or a short time afterward, by an amendment, I believe, it was provided that it must be considered "the true intent and meaning of this Act not to legislate slavery into any State or Territory, or to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their own domestic institutions in their own way, subject only to the Constitution of the United States.' I have called his attention to the fact that when he and some others began arguing that they were giving an increased degree of liberty to the people in the Territories over and above what they formerly had on the question of slavery, a question was raised whether the law was enacted to give such unconditional liberty to the people; and to test the sincerity of this mode of argument, Mr. Chase, of Ohio, introduced an amendment, in which he made the law-if the amendment were adopted-expressly declare that the people of the Territory should have the power to exclude slavery if they saw fit. I have asked attention also to the fact that Judge Douglas and those who acted

with him voted that amendment down, notwithstanding it expressed exactly the thing they said was the true intent and meaning of the law. I have called attention to the fact that in subsequent times a decision of the Supreme Court has been made, in which it has been declared that a Territorial Legislature has no constitutional right to exclude slavery. And I have argued and said that for men who did, intend that the people of the Territory should have the right to exclude slavery absolutely and unconditionally, the voting down of Chase's amendment is wholly inexplicable. It is a puzzle, a riddle. But I have said, that with men who did look forward to such a decision, or who had it in contemplation that such a decision of the Supreme Court would or might be made, the voting down of that amendment would be perfectly rational and intelligible. It would keep Congress from coming in collision with the decision when it was made. Anybody can conceive that if there was an intention or expectation that such a decision was to follow, it would not be a very desirable party attitude to get into for the Supreme Court-all or nearly all its members belonging to the same party to decide one way, when the party in Congress had decided the other way. Hence it would be very rational for men expecting such a decision to keep the niche in that law clear for it. After pointing this out, I tell Judge Douglas that it looks to me as though here was the reason why Chase's amendment was voted down. I tell him that, as he did it, and knows why he did it, if it was done for a reason

L

different from this, he knows what that reason was and can tell us what it was. I tell him, also, it will be vastly more satisfactory to the country for him to give some other plausible, intelligible reason why it was voted down than to stand upon his dignity and call people liars. Well, on Saturday he did make his answer; and what do you think it was? He says if I had only taken upon myself to tell the whole truth about that amendment of Chase's, no explanation would have been necessary on his part

or words to that effect. Now, I say here that I am quite unconscious of having suppressed anything material to the case, and I am very frank to admit if there is any sound reason other than that which appeared to me material, it is quite fair for him to present it. What reason does he propose? That when Chase came forward with his amendment expressly authorizing the people to exclude slavery from the limits of every Territory, General Cass proposed to Chase, if he (Chase) would add to his amendment that the people should have the power to introduce or exclude, they would let it go. This is substantially all of his reply. And because Chase would not do that, they voted his amendment down. Well, it turns out, I believe, upon examination, that General Cass took some part in the little running debate upon that amendment, and then ran away and did not vote on it at all. Is not that the fact? So confident, as I think, was General Cass that there was a snake somewhere about, he chose to run away from the whole thing. This is an inference I draw from the fact that, though he took

part in the debate, his name does not appear in the ayes and noes. But does Judge Douglas's reply

amount to a satisfactory answer? [Cries of "Yes," "Yes," and "No," "No."] There is some little difference of opinion here. But I ask attention to a few more views bearing on the question of whether it amounts to a satisfactory answer. The men who were determined that that amendment should not get into the bill, and spoil the place where the Dred Scott decision was to come in, sought an excuse to get rid of it somewhere. One of these ways-one of these excuses-was to ask Chase to add to his proposed amendment a provision that the people might introduce slavery if they wanted to. They very well knew Chase would do no such thing, that Mr. Chase was one of the men differing from them on the broad principle of his insisting that freedom was better than slavery,-a man who would not consent to enact a law, penned with his own hand, by which he was made to recognize slavery on the one hand, and liberty on the other, as precisely equal; and when they insisted on his doing this, they very well knew they insisted on that which he would not for a moment think of doing, and that they were only bluffing him. I believe (I have not, since he made his answer, had a chance to examine the journals or Congressional Globe and therefore speak from memory)—I believe the state of the bill at that time, according to parliamentary rules, was such that no member could propose an additional amendment to Chase's amendment. I rather think this is the truth,-the Judge shakes his head. Very

با

well. I would like to know, then, if they wanted Chase's amendment fixed over, why somebody else could not have offered to do it? If they wanted it amended, why did they not offer the amendment? Why did they not put it in themselves? But to put it on the other ground: suppose that there was such an amendment offered, and Chase's was an amendment to an amendment; until one is disposed of by parliamentary law, you cannot pile another on. Then all these gentlemen had to do was to vote Chase's on, and then, in the amended form in which the whole stood, add their own amendment to it, if they wanted to put it in that shape. This was all they were obliged to do, and the ayes and noes show that there were thirty-six who voted it down, against ten who voted in favor of it. The thirty-six held entire sway and control. They could in some form or other have put that bill in the exact shape they wanted. If there was a rule preventing their amending it at the time, they could pass that, and then, Chase's amendment being merged, put it in the shape they wanted. They did not choose to do so, but they went into a quibble with Chase to get him to add what they knew he would not add, and because he would not, they stand upon the flimsy pretext for voting down what they argued was the meaning and intent of their own bill. They left room thereby for this Dred Scott decision, which goes very far to make slavery national throughout the United States.

I pass one or two points I have, because my time will very soon expire; but I must be allowed to say

« PreviousContinue »