I have said, in substance, that the Dred Scott decision was in part based

on assumed historical facts which were not really true, and I ought not to

leave the subject without giving some reasons for saying this; I therefore

give an instance or two, which I think fully sustain me. Chief Justice

Taney, in delivering the opinion of the majority of the court, insists at

great length that negroes were no part of the people who made, or for

whom was made, the Declaration of Independence, or the Constitution of the

United States.

On the contrary, Judge Curtis, in his dissenting opinion, shows that in

five of the then thirteen States--to wit, New Hampshire, Massachusetts,

New York, New Jersey, and North Carolina--free negroes were voters, and in

proportion to their numbers had the same part in making the Constitution

that the white people had. He shows this with so much particularity as to

leave no doubt of its truth; and as a sort of conclusion on that point,

holds the following language:

"The Constitution was ordained and established by the people of the United

States, through the action, in each State, of those persons who were

qualified by its laws to act thereon in behalf of themselves and all other

citizens of the State. In some of the States, as we have seen, colored

persons were among those qualified by law to act on the subject. These

colored persons were not only included in the body of 'the people of the

United States' by whom the Constitution was ordained and established; but

in at least five of the States they had the power to act, and doubtless

did act, by their suffrages, upon the question of its adoption."

Again, Chief Justice Taney says:

"It is difficult at this day to realize the state of public opinion, in

relation to that unfortunate race, which prevailed in the civilized

and enlightened portions of the world at the time of the Declaration of

Independence, and when the Constitution of the United States was framed

and adopted."

And again, after quoting from the Declaration, he says:

"The general words above quoted would seem to include the whole human

family, and if they were used in a similar instrument at this day, would

be so understood."

In these the Chief Justice does not directly assert, but plainly assumes

as a fact, that the public estimate of the black man is more favorable now

than it was in the days of the Revolution. This assumption is a mistake.

In some trifling particulars the condition of that race has been

ameliorated; but as a whole, in this country, the change between then

and now is decidedly the other way, and their ultimate destiny has never

appeared so hopeless as in the last three or four years. In two of the

five States--New Jersey and North Carolina--that then gave the free

negro the right of voting, the right has since been taken away, and in

a third--New York--it has been greatly abridged; while it has not been

extended, so far as I know, to a single additional State, though

the number of the States has more than doubled. In those days, as I

understand, masters could, at their own pleasure, emancipate their slaves;

but since then such legal restraints have been made upon emancipation

as to amount almost to prohibition. In those days Legislatures held the

unquestioned power to abolish slavery in their respective States, but now

it is becoming quite fashionable for State constitutions to withhold that

power from the Legislatures. In those days, by common consent, the spread

of the black man's bondage to the new countries was prohibited, but

now Congress decides that it will not continue the prohibition, and the

Supreme Court decides that it could not if it would. In those days our

Declaration of Independence was held sacred by all, and thought to include

all; but now, to aid in making the bondage of the negro universal and

eternal, it is assailed and sneered at and construed and hawked at and

torn, till, if its framers could rise from their graves, they could not at

all recognize it. All the powers of earth seem rapidly combining against

him. Mammon is after him, ambition follows, philosophy follows, and the

theology of the day fast joining the cry. They have him in his prison

house; they have searched his person, and left no prying instrument with

him. One after another they have closed the heavy iron doors upon him;

and now they have him, as it were, bolted in with a lock of hundred keys,

which can never be unlocked without the concurrence of every key--the keys

in the hands of a hundred different men, and they scattered to hundred

different and distant places; and they stand musing as to what invention,

in all the dominions of mind and matter, can be produced to make the

impossibility of his escape more complete than it is.

It is grossly incorrect to say or assume that the public estimate of the

negro is more favorable now than it was at the origin of the government.

Three years and a half ago, Judge Douglas brought forward his famous

Nebraska Bill. The country was at once in a blaze. He scorned all

opposition, and carried it through Congress. Since then he has seen

himself superseded in a Presidential nomination by one indorsing the

general doctrine of his measure, but at the same time standing clear

of the odium of its untimely agitation and its gross breach of national

faith; and he has seen that successful rival constitutionally elected, not

by the strength of friends, but by the division of adversaries, being in

a popular minority of nearly four hundred thousand votes. He has seen his

chief aids in his own State, Shields and Richardson, politically speaking,

successively tried, convicted, and executed for an offence not their own

but his. And now he sees his own case standing next on the docket for

trial.

There is a natural disgust in the minds of nearly all white people at the

idea of an indiscriminate amalgamation of the white and black races; and

Judge Douglas evidently is basing his chief hope upon the chances of his

being able to appropriate the benefit of this disgust to himself. If he

can, by much drumming and repeating, fasten the odium of that idea upon

his adversaries, he thinks he can struggle through the storm. He therefore

clings to this hope, as a drowning man to the last plank. He makes an

occasion for lugging it in from the opposition to the Dred Scott decision.

He finds the Republicans insisting that the Declaration of Independence

includes all men, black as well as white, and forthwith he boldly denies

that it includes negroes at all, and proceeds to argue gravely that all

who contend it does, do so only because they want to vote, and eat,

and sleep, and marry with negroes. He will have it that they cannot

be consistent else. Now I protest against the counterfeit logic which

concludes that, because I do not want a black woman for a slave I must

necessarily want her for a wife. I need not have her for either. I can

just leave her alone. In some respects she certainly is not my equal;

but in her natural right to eat the bread she earns with her own hands,

without asking leave of any one else, she is my equal and the equal of all

others.

Chief Justice Taney, in his opinion in the Dred Scott case, admits that

the language of the Declaration is broad enough to include the whole human

family, but he and Judge Douglas argue that the authors of that instrument

did not intend to include negroes, by the fact that they did not at

once actually place them on an equality with the whites. Now this grave

argument comes to just nothing at all, by the other fact that they did not

at once, or ever afterward, actually place all white people on an equality

with one another. And this is the staple argument of both the Chief

Justice and the Senator for doing this obvious violence to the plain,

unmistakable language of the Declaration.

I think the authors of that notable instrument intended to include all

men, but they did not intend to declare all men equal in all respects.

They did not mean to say all were equal in color, size, intellect, moral

developments, or social capacity. They defined with tolerable distinctness

in what respects they did consider all men created equal--equal with

"certain inalienable rights, among which are life, liberty, and the

pursuit of happiness." This they said, and this they meant. They did not

mean to assert the obvious untruth that all were then actually enjoying

that equality, nor yet that they were about to confer it immediately upon

them. In fact, they had no power to confer such a boon. They meant simply

to declare the right, so that enforcement of it might follow as fast as

circumstances should permit.

They meant to set up a standard maxim for free society, which should be

familiar to all, and revered by all; constantly looked to, constantly

labored for, and, even though never perfectly attained, constantly

approximated, and thereby constantly spreading and deepening its influence

and augmenting the happiness and value of life to all people of all colors

everywhere. The assertion that "all men are created equal" was of no

practical use in effecting our separation from Great Britain; and it was

placed in the Declaration not for that, but for future use. Its authors

meant it to be--as thank God, it is now proving itself--stumbling-block

to all those who in after times might seek to turn a free people back into

the hateful paths of despotism. They knew the proneness of prosperity to

breed tyrants, and they meant when such should reappear in this fair land

and commence their vocation, they should find left for them at least one

hard nut to crack.

I have now briefly expressed my view of the meaning and object of that

part of the Declaration of Independence which declares that "all men are

created equal."

Now let us hear Judge Douglas's view of the same subject, as I find it in

the printed report of his late speech. Here it is:

"No man can vindicate the character, motives, and conduct of the signers

of the Declaration of Independence, except upon the hypothesis that

they referred to the white race alone, and not to the African, when they

declared all men to have been created equal; that they were speaking of

British subjects on this continent being equal to British subjects

born and residing in Great Britain; that they were entitled to the same

inalienable rights, and among them were enumerated life, liberty, and

the pursuit of happiness. The Declaration was adopted for the purpose of

justifying the colonists in the eyes of the civilized world in withdrawing

their allegiance from the British crown, and dissolving their connection

with the mother country."

My good friends, read that carefully over some leisure hour, and ponder

well upon it; see what a mere wreck--mangled ruin--it makes of our once

glorious Declaration.

"They were speaking of British subjects on this continent being equal to

British subjects born and residing in Great Britain"! Why, according

to this, not only negroes but white people outside of Great Britain and

America were not spoken of in that instrument. The English, Irish, and

Scotch, along with white Americans, were included, to be sure, but the

French, Germans, and other white people of the world are all gone to pot

along with the Judge's inferior races!

I had thought the Declaration promised something better than the condition

of British subjects; but no, it only meant that we should be equal to them

in their own oppressed and unequal condition. According to that, it gave

no promise that, having kicked off the king and lords of Great Britain, we

should not at once be saddled with a king and lords of our own.

I had thought the Declaration contemplated the progressive improvement in

the condition of all men everywhere; but no, it merely "was adopted for

the purpose of justifying the colonists in the eyes of the civilized world

in withdrawing their allegiance from the British crown, and dissolving

their connection with the mother country." Why, that object having been

effected some eighty years ago, the Declaration is of no practical use

now--mere rubbish--old wadding left to rot on the battlefield after the

victory is won.

I understand you are preparing to celebrate the "Fourth," to-morrow week.

What for? The doings of that day had no reference to the present; and

quite half of you are not even descendants of those who were referred to

at that day. But I suppose you will celebrate, and will even go so far

as to read the Declaration. Suppose, after you read it once in the

old-fashioned way, you read it once more with Judge Douglas's version. It

will then run thus:

"We hold these truths to be self-evident, that all British subjects who

were on this continent eighty-one years ago were created equal to all

British subjects born and then residing in Great Britain."

And now I appeal to all--to Democrats as well as others--are you really

willing that the Declaration shall thus be frittered away?--thus left no

more, at most, than an interesting memorial of the dead past?--thus shorn

of its vitality and practical value, and left without the germ or even the

suggestion of the individual rights of man in it?

But Judge Douglas is especially horrified at the thought of the mixing

of blood by the white and black races. Agreed for once--a thousand times

agreed. There are white men enough to marry all the white women and black

men enough to many all the black women; and so let them be married. On

this point we fully agree with the Judge, and when he shall show that his

policy is better adapted to prevent amalgamation than ours, we shall drop

ours and adopt his. Let us see. In 1850 there were in the United States

405,751 mulattoes. Very few of these are the offspring of whites and free

blacks; nearly all have sprung from black slaves and white masters. A

separation of the races is the only perfect preventive of amalgamation;

but as an immediate separation is impossible, the next best thing is to

keep them apart where they are not already together. If white and black

people never get together in Kansas, they will never mix blood in Kansas.

That is at least one self-evident truth. A few free colored persons

may get into the free States, in any event; but their number is too

insignificant to amount to much in the way of mixing blood. In 1850 there

were in the free States 56,649 mulattoes; but for the most part they were

not born there--they came from the slave States, ready made up. In the

same year the slave States had 348,874 mulattoes, all of home production.

The proportion of free mulattoes to free blacks--the only colored classes

in the free States is much greater in the slave than in the free States.

It is worthy of note, too, that among the free States those which make the

colored man the nearest equal to the white have proportionably the fewest

mulattoes, the least of amalgamation. In New Hampshire, the State which

goes farthest toward equality between the races, there are just 184

mulattoes, while there are in Virginia--how many do you think?--79,775,

being 23,126 more than in all the free States together.

These statistics show that slavery is the greatest source of amalgamation,

and next to it, not the elevation, but the degradation of the free

blacks. Yet Judge Douglas dreads the slightest restraints on the spread

of slavery, and the slightest human recognition of the negro, as tending

horribly to amalgamation!

The very Dred Scott case affords a strong test as to which party most

favors amalgamation, the Republicans or the dear Union-saving Democracy.

Dred Scott, his wife, and two daughters were all involved in the suit. We

desired the court to have held that they were citizens so far at least

as to entitle them to a hearing as to whether they were free or not; and

then, also, that they were in fact and in law really free. Could we have

had our way, the chances of these black girls ever mixing their blood with

that of white people would have been diminished at least to the extent

that it could not have been without their consent. But Judge Douglas is

delighted to have them decided to be slaves, and not human enough to have

a hearing, even if they were free, and thus left subject to the forced

concubinage of their masters, and liable to become the mothers of

mulattoes in spite of themselves: the very state of case that produces

nine tenths of all the mulattoes all the mixing of blood in the nation.

Of course, I state this case as an illustration only, not meaning to say

or intimate that the master of Dred Scott and his family, or any more

than a percentage of masters generally, are inclined to exercise this

particular power which they hold over their female slaves.

I have said that the separation of the races is the only perfect

preventive of amalgamation. I have no right to say all the members of the

Republican party are in favor of this, nor to say that as a party they

are in favor of it. There is nothing in their platform directly on the

subject. But I can say a very large proportion of its members are for it,

and that the chief plank in their platform--opposition to the spread of

slavery--is most favorable to that separation.

Such separation, if ever effected at all, must be effected by

colonization; and no political party, as such, is now doing anything

directly for colonization. Party operations at present only favor or

retard colonization incidentally. The enterprise is a difficult one; but

"where there is a will there is a way," and what colonization needs most

is a hearty will. Will springs from the two elements of moral sense and

self-interest. Let us be brought to believe it is morally right, and

at the same time favorable to, or at least not against, our interest to

transfer the African to his native clime, and we shall find a way to do

it, however great the task may be. The children of Israel, to such numbers

as to include four hundred thousand fighting men, went out of Egyptian

bondage in a body.

How differently the respective courses of the Democratic and Republican

parties incidentally, bear on the question of forming a will--a public

sentiment--for colonization, is easy to see. The Republicans inculcate,

with whatever of ability they can, that the negro is a man, that his

bondage is cruelly wrong, and that the field of his oppression ought

not to be enlarged. The Democrats deny his manhood; deny, or dwarf to

insignificance, the wrong of his bondage; so far as possible crush all

sympathy for him, and cultivate and excite hatred and disgust against

him; compliment themselves as Union-savers for doing so; and call

the indefinite outspreading of his bondage "a sacred right of

self-government."

The plainest print cannot be read through a gold eagle; and it will be

ever hard to find many men who will send a slave to Liberia, and pay

his passage, while they can send him to a new country--Kansas, for

instance--and sell him for fifteen hundred dollars, and the rise.

TO WILLIAM GRIMES.

SPRINGFIELD, ILLINOIS, August, 1857

DEAR SIR:--Yours of the 14th is received, and I am much obliged for the

legal information you give.

You can scarcely be more anxious than I that the next election in Iowa

should result in favor of the Republicans. I lost nearly all the working

part of last year, giving my time to the canvass; and I am altogether

too poor to lose two years together. I am engaged in a suit in the United

States Court at Chicago, in which the Rock Island Bridge Company is a

party. The trial is to commence on the 8th of September, and probably will

last two or three weeks. During the trial it is not improbable that

all hands may come over and take a look at the bridge, and, if it were

possible to make it hit right, I could then speak at Davenport. My courts

go right on without cessation till late in November. Write me again,

pointing out the more striking points of difference between your old and

new constitutions, and also whether Democratic and Republican party

lines were drawn in the adoption of it, and which were for and which were

against it. If, by possibility, I could get over among you it might be of

some advantage to know these things in advance.

Yours very truly,

A. LINCOLN.

ARGUMENT IN THE ROCK ISLAND BRIDGE CASE.

(From the Daily Press of Chicago, Sept. 24, 1857.)

Hurd et al. vs Railroad Bridge Co.

United States Circuit Court, Hon. John McLean, Presiding Judge.

13th day, Tuesday, Sept. 22, 1857.

Mr. A. Lincoln addressed the jury. He said he did not purpose to assail

anybody, that he expected to grow earnest as he proceeded but not

ill-natured. "There is some conflict of testimony in the case," he said,

"but one quarter of such a number of witnesses seldom agree, and even if

all were on one side some discrepancy might be expected. We are to try and

reconcile them, and to believe that they are not intentionally erroneous

as long as we can." He had no prejudice, he said, against steamboats or

steamboat men nor any against St. Louis, for he supposed they went about

this matter as other people would do in their situation. "St. Louis," he

continued, "as a commercial place may desire that this bridge should not

stand, as it is adverse to her commerce, diverting a portion of it from

the river; and it may be that she supposes that the additional cost of

railroad transportation upon the productions of Iowa will force them to

go to St. Louis if this bridge is removed. The meetings in St. Louis are

connected with this case only as some witnesses are in it, and thus has

some prejudice added color to their testimony." The last thing that would

be pleasing to him, Mr. Lincoln said, would be to have one of these great

channels, extending almost from where it never freezes to where it never

thaws, blocked up, but there is a travel from east to west whose demands

are not less important than those of the river. It is growing larger and

larger, building up new countries with a rapidity never before seen in the

history of the world. He alluded to the astonishing growth of Illinois,

having grown within his memory to a population of a million and a half; to

Iowa and the other young rising communities of the Northwest.

"This current of travel," said he, "has its rights as well as that of

north and south. If the river had not the advantage in priority and

legislation we could enter into free competition with it and we could

surpass it. This particular railroad line has a great importance and the

statement of its business during a little less than a year shows this

importance. It is in evidence that from September 8, 1856, to August 8,

1857, 12,586 freight cars and 74,179 passengers passed over this bridge.

Navigation was closed four days short of four months last year, and

during this time while the river was of no use this road and bridge were

valuable. There is, too, a considerable portion of time when floating or

thin ice makes the river useless while the bridge is as useful as ever.

This shows that this bridge must be treated with respect in this court and

is not to be kicked about with contempt. The other day Judge Wead alluded

to the strike of the contending interest and even a dissolution of the

Union. The proper mode for all parties in this affair is to 'live and let

live,' and then we will find a cessation of this trouble about the bridge.

What mood were the steamboat men in when this bridge was burned? Why,

there was a shouting and ringing of bells and whistling on all the boats

as it fell. It was a jubilee, a greater celebration than follows an

excited election. The first thing I will proceed to is the record of Mr.

Gurney and the complaint of Judge Wead that the record did not extend back

over all the time from the completion of the bridge. The principal part of

the navigation after the bridge was burned passed through the span. When

the bridge was repaired and the boats were a second time confined to the

draw it was provided that this record should be kept. That is the simple

history of that book.

"From April 19th, 1856, to May 6th--seventeen days--there were twenty

accidents and all the time since then there have been but twenty hits,

including seven accidents, so that the dangers of this place are tapering

off and as the boatmen get cool the accidents get less. We may soon expect

if this ratio is kept up that there will be no accidents at all.

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