Sunday 12 January 2014

Lincoln: "A House Divided"


At the 1858 state Republican convention in Springfield, Illinois, the Republican Party’s United States Senate candidate for Illinois and future president Abraham Lincoln delivered his famous “House Divided” speech. Many politicians viewed Lincoln’s speech as radical. Stephen A. Douglas, the Democratic Party’s candidate, accused Lincoln of taking an unreasonably hard line against slavery and said he was “advocat[ing] boldly and clearly a war of sections” between North and South over slavery. Excerpts from Lincoln’s speech and Douglas’s reply follow below.
From “A House Divided”
By Abraham Lincoln
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 [known as popular sovereignty, or “squatter sovereignty”] 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 anyone 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 United States Circuit Court for the District of Missouri; and both Nebraska bill and lawsuit 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 endorsement, such as it was, secured. That was the second point gained. The endorsement, however, fell short of a clear popular majority by nearly 400,000 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 endorsing 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 [a constitution drafted by proslavery groups in the Kansas territory that was rejected by the U.S. Congress] 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 mold 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 the 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 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 1,000 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 mold 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 re-argument? 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 [Douglas], Franklin [Pierce], [Supreme Court Chief Justice] Roger [Taney], and James [Buchanan], 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 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.…

Speech of Senator Douglas
On the Occasion of his Public Reception at Chicago, Friday Evening, July 9, 1858. (Mr. Lincoln was present.)

Mr. Chairman and Fellow-Citizens: I can find no language which can adequately express my profound gratitude for the magnificent welcome which you have extended to me on this occasion. This vast sea of human faces indicates how deep an interest is felt by our people in the great questions which agitate the public mind, and which underlie the foundations of our free institutions. A reception like this, so great in numbers that no human voice can be heard to its countless thousands—so enthusiastic that no individual can be the object of such enthusiasm,—clearly shows that there is some great principle which sinks deep in the heart of the masses, and involves the rights and liberties of a whole people, that has brought you together with a unanimity and a cordiality never before excelled, if, indeed, equalled on any occasion. I have not the vanity to believe that it is any personal compliment to me.

It is an expression of your devotion to that great principle of self-government, to which my life for many years past has been, and in the future will be, devoted. If there is any one principle dearer and more sacred than all others in free governments, it is that which asserts the exclusive right of a free people to form and develop their own fundamental law, and to manage and regulate their own internal affairs and domestic institutions.…

I regard the great principle of popular sovereignty as having been vindicated and made triumphant in this land as a permanent rule of public policy in the organization of Territories and the admission of new States. Illinois took her position upon this principle many years ago.…

The great principle is the right of every community to judge and decide for itself whether a thing is right or wrong, whether it would be good or evil for them to adopt it; and the right of free action, the right of free thought, the right of free judgment, upon the question is dearer to every true American than any other under a free government. My objection to the Lecompton contrivance was that it undertook to put a constitution on the people of Kansas against their own will, in opposition to their wishes, and thus violated the principle upon which all our institutions rest. It is no answer to this argument to say that slavery is an evil, and hence should not be tolerated. You must allow the people to decide for themselves whether it is a good or an evil. You allow them to decide for themselves whether they desire a Maine liquor law or not; you allow them to decide for themselves what kind of common schools they will have, what system of banking they will adopt, or whether they will adopt any at all; you allow them to decide for themselves the relations between husband and wife, parent and child, guardian and ward,—in fact, you allow them to decide for themselves all other questions; and why not upon this question? Whenever you put a limitation upon the right of any people to decide what laws they want, you have destroyed the fundamental principle of self-government.…

…Mr. Lincoln made a speech before that Republican Convention which unanimously nominated him for the Senate—a speech evidently well prepared and carefully written,—in which he states the basis upon which he proposes to carry on the campaign during this summer. In it he lays down two distinct propositions which I shall notice, and upon which I shall take a direct and bold issue with him.

His first and main proposition I will give in his own language, scripture quotations and all [laughter]; I give his exact language: ''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 to cease to be divided. It will become all one thing, or all the other.'

In other words, Mr. Lincoln asserts, as a fundamental principle of this Government, that there must be uniformity in the local laws and domestic institutions of each and all the States of the Union; and he therefore invites all the non-slaveholding states to band together, organize as one body, and make war upon slavery in Kentucky, upon slavery in Virginia, upon the Carolinas, upon slavery in all of the slaveholding states in this Union, and to persevere in that war until it shall be exterminated. He then notifies the slaveholding States to stand together as a unit and make an aggressive war upon the Free States of this Union with a view of establishing slavery in them all; of forcing it upon Illinois, of forcing it upon New York, upon New England, and upon every other Free State, and that they shall keep up the warfare until it has been formally established in them all. In other words, Mr. Lincoln advocates boldly and clearly a war of sections, a war of the North against the South, of the Free States against the Slave States, a war of extermination,—to be continued relentlessly until the one or the other shall be subdued and all the States shall either become Free or become Slave.

Now, my friends, I must say to you frankly that I take bold, unqualified issue with him upon that principle. I assert that it is neither desirable nor possible that there should be uniformity in the local institutions and domestic regulations of the different States of this Union. The framers of our Government never contemplated uniformity in its internal concerns. The fathers of the Revolution and the sages who made the Constitution well understood that the laws and the domestic institutions which would suit the granite hills of New Hampshire would be totally unfit for the rice plantations of South Carolina; they well understood that the laws which would suit the agricultural districts of New York would be totally unfit for the large mining regions of the Pacific, or the lumber regions of Maine.…

The framers of the Constitution well understood that each locality, having separate and distinct interests, required separate and distinct laws, domestic institutions, and police regulations adapted to its own wants and its own condition; and they acted on the presumption, also, that these laws and institutions would be as diversified and as dissimilar as the States would be numerous and that no two would be precisely alike, because the interests of no two would be precisely the same. Hence, I assert that the great fundamental principle which underlies our complex system of State and Federal Governments contemplated diversity and dissimilarity in the local institutions and domestic affairs of each and every State then in the Union or thereafter to be admitted into the Confederacy. I therefore conceive that my friend Mr. Lincoln has totally misapprehended the great principles upon which our Government rests. Uniformity in local and domestic affairs would be destructive of State rights, of State sovereignty, of personal liberty and personal freedom. Uniformity is the parent of despotism the world over, not only in politics but in religion. Wherever the doctrine of uniformity is proclaimed that all the States must be Free or all Slave, that all labor must be white or all black, that all the citizens of the different States must have the same privileges or be governed by the same regulations, you have destroyed the greatest safeguard which our institutions have thrown around the rights of the citizen.

How could this uniformity be accomplished if it was desirable and possible? There is but one mode in which it could be obtained, and that must be by abolishing the State Legislatures, blotting out State sovereignty, merging the rights and sovereignty of the States in one consolidated empire, and vesting Congress with the plenary power to make all the police regulations, domestic and local laws, uniform throughout the limits of the republic. When you shall have done this, you will have uniformity. Then the States will all be slave or all be Free; then negroes will vote everywhere or nowhere; then you will have a Maine liquor law in every State or none; then you will have uniformity in all things, local or domestic, by the authority of the Federal Government. But, when you attain that uniformity, you will have converted these thirty-two sovereign, independent States into one consolidated empire, with the uniformity of disposition reigning triumphant throughout the length and breadth of the land.

From this view of the case, my friends, I am driven irresistibly to the conclusion that diversity, dissimilarity, variety in all our local and domestic institutions is the great safeguard of our liberties and that the framers of our institutions were wise, sagacious, and patriotic when they made this Government a confederation of sovereign States, with a legislature for each, and conferred upon each legislature the power to make all local and domestic institutions to suit the people it represented, without interference from any other State or from the general Congress of the Union. If we expect to maintain our liberties, we must preserve the rights and sovereignty of the states; we must maintain and carry out that great principle of self-government incorporated in the Compromise measures of 1850; endorsed by the Illinois Legislature in 1851; emphatically embodied and carried out in the Kansas-Nebraska bill, and vindicated this year by the refusal to bring Kansas into the Union with a constitution distasteful to her people.

The other proposition discussed by Mr. Lincoln in his speech consists in a crusade against the Supreme Court of the United States on account of the Dred Scott decision. On this question, also, I desire to say to you unequivocally that I take direct and distinct issue with him. I have no warfare to make on the Supreme Court of the United States, either on account of that or any other decision which they have pronounced from that bench. The Constitution of the United States has provided that the powers of government (and the Constitution of each State has the same provision) shall be divided into three departments: executive, legislative, and judicial. The right and the province of expounding the Constitution and constructing the law is vested in the judiciary established by the Constitution. As a lawyer, I feel at liberty to appear before the court and controvert any principle of law while the question is pending before the tribunal; but, when the decision is made, my private opinion, your opinion, all other opinions must yield to the majesty of that authoritative adjudication. I wish you to bear in mind that this involves a great principle, upon which our rights, our liberty, and our property all depend. What security have you for your property, for your reputation, and for your personal rights if the courts are not upheld and their decisions respected when once fairly rendered by the highest tribunal known to the Constitution? I do not choose, therefore, to go into any argument with Mr. Lincoln in reviewing the various decisions which the Supreme Court has made, either upon the Dred Scott case or any other. I have no idea of appealing from the decision of the Supreme Court upon a constitutional question to the decisions of a tumultuous town meeting.…

Hence, I am opposed to this doctrine of Mr. Lincoln by which he proposes to take an appeal from the decision of the Supreme Court of the United States, upon this high constitutional question, to a Republican caucus sitting in the country. Yes, or any other caucus or town meeting, whether it be Republican, American, or Democratic. I respect the decisions of that august tribunal; I shall always bow in deference to them. I am a law-abiding man. I will sustain the Constitution of my country as our fathers have made it. I will yield obedience to the laws, whether I like them or not, as I find them on the statute book. I will sustain the judicial tribunals and constituted authorities in all matters within the pale of their jurisdiction as defined by the Constitution.

But I am equally free to say that the reason assigned by Mr. Lincoln for resisting the decision of the Supreme Court in the Dred Scott case does not in itself meet any approbation. He objects to it because that decision declared that a negro descended from African parents, who were brought here and sold as slaves, is not, and cannot be, a citizen of the United States. He says it is wrong because it deprives the negro of the benefits of that clause of the Constitution which says that citizens of one State shall enjoy all the privileges and immunities of citizens of the several States; in other words, he thinks it wrong because it deprives the negro of the privileges, immunities, and rights of citizenship which pertain, according to that decision, only to the white man. I am free to say to you that in my opinion this Government of ours is founded on the white basis. It was made by the white man, for the benefit of the white man, to be administered by white men, in such manner as they should determine. It is also true that a negro, an Indian, or any other man of inferior race to a white man should be permitted to enjoy, and humanity requires that he should have, all the rights, privileges, and immunities which he is capable of exercising consistent with the safety of society. I would give him every right and every privilege which his capacity would enable him to enjoy, consistent with the good of the society in which he lived. But you may ask me, What are these rights and these privileges? My answer is, That each State must decide for itself the nature and extent of these rights. Illinois has decided for herself. We have decided that the negro shall not be a slave, and we have at the same time decided that he shall not vote, or serve on juries, or enjoy political privileges. I am content with that system of policy which we have adopted for ourselves. I deny the right of any other State to complain of our policy in that respect, or to interfere with it, or to attempt to change it. On the other hand, the State of Maine has decided that in that State a negro man may vote on an equality with the white man. The sovereign power of Maine has the right to prescribe that rule for herself. Illinois has no right to complain of Maine for conferring the right of negro suffrage, nor has Maine any right to interfere with or complain of Illinois because she has denied negro suffrage.…

Thus you see, my fellow citizens, that the issues between Mr. Lincoln and myself… are direct, unequivocal, and irreconcilable. He goes for uniformity in our domestic institutions, for a war of sections, until one or the other shall be subdued. I go for the great principle of the Kansas-Nebraska bill,—the right of the people to decide for themselves.


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