As rules of property they have two uses. First, they decide upon the question before the court. They decide in this case that Dred Scott is a slave. Nobody resists that, not only that, but they say to everybody else that persons standing just as Dred Scott stands are as he is. That is, they say that when a question comes up upon another person, it will be so decided again, unless the court decides in another way, unless the court overrules its decision. Well, we mean to do what we can to have the court decide the other way. That is one thing we mean to try to do.
The sacredness that Judge Douglas throws around this decision is a degree of sacredness that has never been before thrown around any other decision. I have never heard of such a thing. Why, decisions apparently contrary to that decision, or that good lawyers thought were contrary to that decision, have been made by that very court before. It is the first of its kind; it is an astonisher in legal history. It is a new wonder of the world.
It is based upon falsehood in the main as to the facts; allegations of facts upon which it stands are not facts at all in many instances, and no decision made on any question--the first instance of a decision made under so many unfavorable circumstances--thus placed, has ever been held by the profession as law, and it has always needed confirmation before the lawyers regarded it as settled law. But Judge Douglas will have it that all hands must take this extraordinary decision, made under these extraordinary circumstances, and give their vote in Congress in accordance with it, yield to it, and obey it in every possible sense. Circumstances alter cases. Do not gentlemen here remember the case of that same Supreme Court some twenty-five or thirty years ago deciding that a National Bank was constitutional? I ask, if somebody does not remember that a National Bank was declared to be constitutional? Such is the truth, whether it be remembered or not. The Bank charter ran out, and a recharter was granted by Congress. That recharter was laid before General Jackson. It was urged upon him, when he denied the constitutionality of the Bank, that the Supreme Court had decided that it was constitutional; and General Jackson then said that the Supreme Court had no right to lay down a rule to govern a coordinate branch of the government, the members of which had sworn to support the Constitution; that each member had sworn to support that Constitution as he understood it. I will venture here to say that I have heard Judge Douglas say that he approved of General Jackson for that act. What has now become of all his tirade about "resistance of the Supreme Court"?
My fellow-citizens, getting back a little,--for I pass from these points,--when Judge Douglas makes his threat of annihilation upon the "alliance," he is cautious to say that that warfare of his is to fall upon the leaders of the Republican party. Almost every word he utters, and every distinction he makes, has its significance. He means for the Republicans who do not count themselves as leaders, to be his friends; he makes no fuss over them; it is the leaders that he is ****** war upon. He wants it understood that the mass of the Republican party are really his friends. It is only the leaders that are doing something that are intolerant, and that require extermination at his hands. As this is dearly and unquestionably the light in which he presents that matter, I want to ask your attention, addressing myself to the Republicans here, that I may ask you some questions as to where you, as the Republican party, would be placed if you sustained Judge Douglas in his present position by a re-election?
I do not claim, gentlemen, to be unselfish; I do not pretend that I would not like to go to the United States Senate,--I make no such hypocritical pretense; but I do say to you that in this mighty issue it is nothing to you--nothing to the mass of the people of the nation,--whether or not Judge Douglas or myself shall ever be heard of after this night; it may be a trifle to either of us, but in connection with this mighty question, upon which hang the destinies of the nation, perhaps, it is absolutely nothing: but where will you be placed if you reindorse Judge Douglas? Don't you know how apt he is, how exceedingly anxious he is at all times, to seize upon anything and everything to persuade you that something he has done you did yourselves? Why, he tried to persuade you last night that our Illinois Legislature instructed him to introduce the Nebraska Bill. There was nobody in that Legislature ever thought of such a thing; and when he first introduced the bill, he never thought of it; but still he fights furiously for the proposition, and that he did it because there was a standing instruction to our Senators to be always introducing Nebraska bills. He tells you he is for the Cincinnati platform, he tells you he is for the Dred Scott decision. He tells you, not in his speech last night, but substantially in a former speech, that he cares not if slavery is voted up or down; he tells you the struggle on Lecompton is past; it may come up again or not, and if it does, he stands where he stood when, in spite of him and his opposition, you built up the Republican party. If you indorse him, you tell him you do not care whether slavery be voted up or down, and he will close or try to close your mouths with his declaration, repeated by the day, the week, the month, and the year. Is that what you mean?
