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court, to presume in advance that it was going to degrade itself so low as to make a decision known to be in direct violation of the Constitution.

A voice: The same thing was said about the Dred Scott decision before it passed.

Mr. DOUGLAS: Perhaps you think that the court did the same thing in reference to the Dred Scott decision: I have heard a man talk that way before. The principles contained in the Dred Scott decision had been affirmed previously in various other decisions. What court or judge ever held that a negro was a citizen? The State courts had decided that question over and over again, and the Dred Scott decision on that point only affirmed what every court in the land knew to be the law.

But I will not be drawn off into an argument upon the merits of the Dred Scott decision. It is enough for me to know that the Constitution of the United States created the Supreme Court for the purpose of deciding all disputed questions touching the true construction of that instrument, and when such decisions are pronounced, they are the law of the land, binding on every good citizen. Mr. Lincoln has a very convenient mode of arguing upon the subject. He holds that because he is a Republican that he is not bound by the decisions of the court, but that I, being a Democrat, am so bound. It may be that Republicans do not hold themselves bound by the laws of the land and the Constitution of the country as expounded by the courts; it may be an article in the Republican creed that men who do not like a decision have a right to rebel against it: but when

Mr. Lincoln preaches that doctrine, I think he will find some honest Republican-some law-abiding man in that party—who will repudiate such a monstrous doctrine. The decision in the Dred Scott case is binding on every American citizen alike; and yet Mr. Lincoln argues that the Republicans are not bound by it because they are opposed to it, whilst Democrats are bound by it, because we will not resist it. A Democrat cannot resist the constituted authorities of this country; a Democrat is a law-abiding man; a Democrat stands by the Constitution and the laws, and relies upon liberty as protected by law, and not upon mob or political violence.

I have never yet been able to make Mr. Lincoln understand, nor can I make any man who is determined to support him, right or wrong, understand how it is that under the Dred Scott decision the people of a Territory, as well as a State, can have slavery or not, just as they please. I believe that I can explain that proposition to all constitution-loving, law-abiding men in a way that they cannot fail to understand it. Chief Justice Taney, in his opinion in the Dred Scott case, said that, slaves being property, the owner of them has a right to take them into a Territory the same as he would any other property; in other words, that slave property, so far as the right to enter a Territory is concerned, stands on the same footing with other property. Suppose we grant that proposition. Then any man has a right to go to Kansas and take his property with him; but when he gets there, he must rely upon the local law to protect his property, whatever it may be. In

order to illustrate this, imagine that three of you conclude to go to Kansas. One takes $10,000 worth of slaves, another $10,000 worth of liquors, and the third $10,000 worth of dry-goods. When the man who owns the dry-goods arrives out there and commences selling them, he finds that he is stopped and prohibited from selling until he gets a license, to pay for which will destroy all the profits he can make on his goods. When the man with the liquors gets there and tries to sell, he finds a Maine liquor law in force which prevents him. Now, of what use is his right to go there with his property unless he is protected in the enjoyment of that right after he gets there? The man who gets there with his slaves finds that there is no law to protect him when he arrives there. He has no remedy if his slaves run away to another country; there is no slave code or police regulations; and the absence of them excludes his slaves from the Territory just as effectually and as positively as a constitutional prohibition could.

Such was the understanding when the Kansas and Nebraska Bill was pending in Congress. Read the speech of Speaker Orr, of South Carolina, in the House of Representatives, in 1856, on the Kansas question, and you will find that he takes the ground that while the owner of a slave has a right to go into a Territory and carry his slaves with him, that he cannot hold them one day or hour unless there is a slave code to protect him. He tells you that slavery would not exist a day in South Carolina, or any other State, unless there was a friendly people and friendly legislation. Read the speeches of that giant in intellect,

Alexander H. Stephens, of Georgia, and you will find them to the same effect. Read the speeches of Sam Smith, of Tennessee, and of all Southern men, and you will find that they all understood this doctrine then as we understand it now. Mr. Lincoln cannot be made to understand it, however. Down at Jonesboro, he went on to argue that if it be the law that a man has a right to take his slaves into territory of the United States under the Constitution, that then a member of Congress was perjured if he did not vote for a slave code. I ask him whether the decision of the Supreme Court is not binding upon him as well as on me? If so, and he holds that he would be perjured if he did not vote for a slave code under it, I ask him whether, if elected to Congress, he will so vote? I have a right to his answer, and I will tell you why. He put that question to me down in Egypt, and did it with an air of triumph. This was about the form of it: In the event that a slaveholding citizen of one of the Territories should need and demand a slave code to protect his slaves, will you vote for it? I answered him that a fundamental article in the Democratic creed, as put forth in the Nebraska Bill and the Cincinnati platform, was non-intervention by Congress with slavery in the States and Territories, and hence that I would not vote in Congress for any code of laws either for or against slavery in any Territory. I will leave the people perfectly free to decide that question for themselves.

Mr. Lincoln and the Washington Union both think this a monstrous bad doctrine. Neither Mr. Lincoln

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