[Footnote 31:--In March, 1790, the General Assembly of France, on the

petition of the _free_ people of color in St. Domingo, many of whom were

intelligent and wealthy, passed a decree intended to be in their favor,

but so ambiguous as to be construed in favor of both the whites and the

blacks. The differences growing out of the decree created two

parties--the _whites_ and the people of color; and some blood was shed.

In 1791, the blacks again petitioned, and a decree was passed declaring

the colored people citizens, who were born of free parents on both

sides. This produced great excitement among the whites, and the two

parties armed against each other, and horrible massacres and

conflagrations followed. Then the Assembly rescinded this last decree,

and like results followed, the blacks being the exasperated parties and

the aggressors. Then the decree giving citizenship to the blacks was

restored, and commissioners were sent out to keep the peace. The

commissioners, unable to sustain themselves, between the two parties,

with the troops they had, issued a proclamation that all blacks who were

willing to range themselves under the banner of the Republic should be

free. As a result a very large proportion of the blacks became in fact

free. In 1794, the Conventional Assembly _abolished slavery_ throughout

the French Colonies. Some years afterward, the French Government sought,

with an army of 60,000 men, to reinstate slavery, but were unsuccessful,

and then the white planters were driven from the Island.]

[Footnote 32:--_Vide_ Jefferson's Autobiography, commenced January 6th,

1821. JEFFERSON'S _Works_, vol. 1, p. 49.]

[Footnote 33:--"I am not ashamed or afraid publicly to avow that the

election of William H. Seward or Salmon P. Chase, or any such

representative of the Republican party, upon a sectional platform, ought

to be resisted to the disruption of every tie that binds this

Confederacy together. (Applause on the Democratic side of the House.)"

_Mr. Curry, of Alabama, in the House of Representatives_.

"Just so sure as the Republican party succeed in electing a sectional

man, upon their sectional, anti-slavery platform, breathing destruction

and death to the rights of my people, just so sure, in my judgment, the

time will have come when the South must and will take an unmistakable

and decided action, and then he who dallies is a dastard, and he who

doubts is damned! I need not tell what I, a Southern man, will do. I

think I may safely speak for the masses of the people of Georgia--that

when that event happens, they, in my judgment, will consider it an overt

act, a declaration of war, and meet immediately in convention, to take

into consideration the mode and measure of redress. That is my position;

and if that be treason to the Government, make the most of it."--_Mr.

Gartell, of Georgia, in the House of Representatives_.

"I said to my constituents, and to the people of the capital of my

State, on my way here, if such an event did occur," [_i.e._, the

election of a Republican President, upon a Republican platform], "while

it would be their duty to determine the course which the State would

pursue, it would be my privilege to counsel with them as to what I

believed to be the proper course; and I said to them, what I say now,

and what I will always say in such an event, that my counsel would be to

take independence out of the Union in preference to the loss of

constitutional rights, and consequent degradation and dishonor, in it.

That is my position, and it is the position which I know the Democratic

party of the State of Mississippi will maintain."--_Gov. McRae, of

Mississippi._

"It is useless to attempt to conceal the fact that, in the present

temper of the Southern people, it" [_i.e._, the election of a Republican

President] "cannot be, and will not be, submitted to. The 'irrepressible

conflict' doctrine, announced and advocated by the ablest and most

distinguished leader of the Republican party, is an open declaration of

war against the institution of slavery, wherever it exists; and I would

be disloyal to Virginia and the South, if I did not declare that the

election of such a man, entertaining such sentiment, and advocating such

doctrines, _ought to be resisted by the slaveholding States_. The idea

of permitting such a man to have the control and direction of the army

and navy of the United States, and the appointment of high judicial and

executive officers, POSTMASTERS INCLUDED, _cannot_ be entertained by the

South for a moment."--_Gov. Letcher, of Virginia_.

"Slavery _must_ be maintained--in the Union, if possible; out of it, if

necessary: peaceably if we may; forcibly if we must."--_Senator Iverson,

of Georgia_.

"Lincoln and Hamlin, the Black Republican nominees, will be elected in

November next, and the South will then decide the great question whether

they will submit to the domination of Black Republican rule--the

fundamental principle of their organization being an open, undisguised,

and declared war upon our social institutions. I believe that the honor

and safety of the South, in that contingency, will require the prompt

secession of the slaveholding States from the Union; and failing then to

obtain from the free States additional and higher guaranties for the

protection of our rights and property, that the seceding States should

proceed to establish a new government. But while I think such would be

the imperative duty of the South, I should emphatically reprobate and

repudiate any scheme having for its object the separate secession of

South Carolina. If Georgia, Alabama, and Mississippi alone--giving us a

portion of the Atlantic and Gulf coasts--would unite with this State in

a common secession upon the election of a Black Republican, I would give

my consent to the policy."--_Letter of Hon. James L. Orr, of S.C., to

John Martin and others, July_ 23, 1860.]

[Footnote 34:--The Hon. John A. Andrew, of the Boston Bar, made the

following analysis of the Dred Scott case in the Massachusetts

Legislature. Hon. Caleb Cushing was then a member of that body, but did

not question its correctness.

"On the question of possibility of citizenship to one of the Dred Scott

color, extraction, and origin, three Justices, viz., Taney, Wayne, and

Daniels, held the negative. Nelson and Campbell passed over the plea by

which the question was raised. Grier agreed with Nelson. Catron said the

question was not open. McLean agreed with Catron, but thought the plea

bad. Curtis agreed that the question was open, but attacked the plea,

met its averments, and decided that a free-born colored person, native

to any State, is a citizen thereof by birth, and is therefore a citizen

of the Union, and entitled to sue in the Federal Courts.

"Had a majority of the court directly sustained the plea in abatement,

and denied the jurisdiction of the Circuit Court appealed from, then all

else they could have said and done would have been done and said in a

cause not theirs to try and not theirs to discuss. In the absence of

such a majority, one step more was to be taken. And the next step

reveals an agreement of six of the Justices, on a point decisive of the

cause, and putting an end to all the functions of the court.

"It is this. Scott was first carried to Rock Island, in the State of

Illinois, where he remained about two years, before going with his

master to Fort Snelling, in the Territory of Wisconsin. His claim to

freedom was rested on the alleged effect of his translation from a slave

State, and again into a free territory. If, by his removal to Illinois,

he became emancipated from his master, the subsequent continuance of his

pilgrimage into the Louisiana purchase could not add to his freedom, nor

alter the fact. If, by reason of any want or infirmity in the laws of

Illinois, or of conformity on his part to their behests, Dred Scott

remained a slave while he remained in that State, then--for the sake of

learning the effect on him of his territorial residence beyond the

Mississippi, and of his marriage and other proceedings there, and the

effect of the sojournment and marriage of Harriet, in the same

territory, upon herself and her children--it might become needful to

advance one other step into the investigation of the law; to inspect the

Missouri Compromise, banishing slavery to the south of the line of 36°

30' in the Louisiana purchase.

"But no exigency of the cause ever demanded or justified that advance;

for six of the Justices, including the Chief Justice himself, decided

that the _status_ of the plaintiff, as free or slave, was dependent, not

upon the laws of the State in which he had been, but of the State of

Missouri, in which he was at the commencement of the suit. The Chief

Justice asserted that 'it is now firmly settled by the decisions of the

highest court in the State, that Scott and his family, on their return

were not free, but were, by the laws of Missouri, the property of the

defendant.' This was the burden of the opinion of Nelson, who declares

'the question is one solely depending upon the law of Missouri, and that

the Federal Court, sitting in the State, and trying the case before us,

was bound to follow it.' It received the emphatic endorsement of Wayne,

whose general concurrence was with the Chief Justice. Grier concurred in

set terms with Nelson on all 'the questions discussed by him.' Campbell

says, 'The claim of the plaintiff to freedom depends upon the effect to

be given to his absence from Missouri, in company with his master in

Illinois and Minnesota, _and this effect is to be ascertained by

reference to the laws of Missouri_.' Five of the Justices, then (if no

more of them), regard the law of Missouri as decisive of the plaintiff's

rights."]

[Footnote 35:--"Now, as we have already said in an earlier part of this

opinion upon a different point, the right of property in a slave is

distinctly and expressly affirmed in the Constitution. The right to

traffic in it, _like an ordinary article of merchandise and property_,

was guaranteed to the citizens of the United States in every State that

might desire it, for twenty years."--_Ch. J. Taney_, 19 _How. U.S.R_.,

p. 451. _Vide_ language of Mr. Madison, note 34, as to "_merchandise_."]

[Footnote 36:--Not only was the right of property _not_ intended to be

"distinctly and expressly affirmed in the Constitution"; but the

following extract from Mr. Madison demonstrates that the utmost care was

taken to avoid so doing:

"The clause as originally offered [respecting fugitive slaves] read, 'If

any person LEGALLY bound to service or labor in any of the United States

shall escape into another State," etc., etc. (Vol. 3, p. 1456.) In

regard to this, Mr. Madison says, "The term '_legally'_ was struck out,

and the words 'under the laws thereof,' inserted after the word State,

in compliance with the wish of some who thought the term 'legally'

equivocal and favoring the idea that slavery was legal in a moral point

of view."--_Ib_., p. 1589.]

[Footnote 37:--We subjoin a portion of the history alluded to by Mr.

Lincoln. The following extract relates to the provision of the

Constitution relative to the slave trade. (Article I, Sec. 9.)

_25th August_, 1787.--The report of the Committee of eleven being taken

up, Gen. [Charles Cotesworth] Pinckney moved to strike out the words

"the year 1800," and insert the words "the year 1808."

Mr. Gorham seconded the motion.

Mr. Madison--Twenty years will produce all the mischief that can be

apprehended from the liberty to import slaves. So long a term will be

more dishonorable to the American character than to say nothing about it

in the Constitution.

* * * * *

Mr. Gouverneur Morris was for making the clause read at once--

"The importation of slaves into North Carolina, South Carolina, and

Georgia, shall not be prohibited," etc. This, he said, would be most

fair, and would avoid _the _ ambiguity by which, under the power with

regard to naturalization, the liberty reserved to the States might be

defeated. He wished it to be known, also, that this part of the

Constitution was a compliance with those States. If the change of

language, however, should be objected to by the members from those

States, he should not urge it.

Col. Mason (of Virginia) was not against using the term "slaves," but

against naming North Carolina, South Carolina, and Georgia, lest it

should give offence to the people of those States.

Mr. Sherman liked a description better than the terms proposed, which

had been declined by the old Congress and were not pleasing to some

people.

Mr. Clymer concurred with Mr. Sherman.

Mr. Williamson, of North Carolina, said that _both in opinion and

practice he was against slavery; but thought it more in favor of

humanity, from a view of all circumstances, to let in South Carolina and

Georgia, on those terms, than to exclude them from the Union_.

Mr. Morris withdrew his motion.

Mr. Dickinson wished the clause to be confined to the States which had

not themselves prohibited the importation of slaves, and for that

purpose moved to amend the clause so as to read--

"The importation of slaves into such of the States as shall permit the

same, shall not be prohibited by the Legislature of the United States,

until the year 1808," which was disagreed to, _nem. con_.

The first part of the report was then agreed to as follows:

"The migration or importation of such persons as the several States now

existing shall think proper to admit, shall not be prohibited by the

Legislature prior to the year 1808."

* * * * *

Mr. Sherman was against the second part ["but a tax or duty may be

imposed on such migration or importation at a rate not exceeding _the

average of the duties laid on imports_"], as acknowledging men to be

property by taxing them as such under the _character_ of slaves.

* * * * *

Mr. Madison _thought it wrong to admit in the Constitution the like idea

that there could be property in men_. The reason of duties did not hold,

as slaves _are not, like merchandise_, consumed.

* * * * *

It was finally agreed, _nem. con_., to make the clause read--

"But a tax or duty may be imposed on such importation, not exceeding

_ten dollars_ for each PERSON."--_Madison Papers, Aug_. 25, 1787.]

[Footnote 38:--Compare this noble passage and that at page 18, with the

twaddle of Mr. Orr (note 30), and the slang of Mr. Douglas (note 37).]

[Footnote 39:--That demand has since been made. Says MR. O'CONOR,

counsel for the State of Virginia in the _Lemon Case_, page 44: "We

claim that under these various provisions of the Federal Constitution, a

citizen of Virginia has an immunity against the operation of any law

which the State of New York can enact, whilst he is a stranger and

wayfarer, or whilst passing through our territory; and that he has

absolute protection for all his domestic rights, and for all his rights

of property, which under the laws of the United States, and the laws of

his own State, he was entitled to, whilst in his own State. We claim

this, and neither more NOR LESS."

Throughout the whole of that case, in which the right to pass through

New York with slaves at the pleasure of the slave owners is maintained,

it is nowhere contended that the statute is contrary to the Constitution

of New York; but that the statute and the Constitution of the State are

both contrary to the Constitution of the United States.

The State of Virginia, not content with the decision of our own courts

upon the right claimed by them, is now engaged in carrying this, the

Lemon case, to the Supreme Court of the United States, hoping by a

decision there, in accordance with the intimations in the Dred Scott

case, to overthrow the Constitution of New York.

Senator Toombs, of Georgia, has claimed, in the Senate, that laws of

Connecticut, Maine, Massachusetts, Michigan, New Hampshire, Ohio, Rhode

Island, Vermont, and Wisconsin, for the exclusion of slavery, conceded

to be warranted by the State Constitutions, are contrary to the

Constitution of the United States, and has asked for the enactment of

laws by the General Government which shall override the laws of those

States and the Constitutions which authorize them.]

[Footnote 40:--"Policy, humanity, and Christianity, alike forbid the

extension of the evils of free society to new people and coming

generations."--_Richmond Enquirer, Jan_. 22, 1856.

"I am satisfied that the mind of the South has undergone a change to

this great extent, that it is now the _almost universal belief_ in the

South, not only that the condition of African slavery in their midst, is

the best condition to which the African race has ever been subjected,

but that _it has the effect of ennobling both races, the white and the

black_."--_Senator Mason, of Virginia_.

"I declare again, as I did in reply to the Senator from Wisconsin (Mr.

Doolittle), that, in my opinion, slavery is a great moral, social, and

political blessing--a blessing to the slave, and a blessing to the

master."--_Mr. Brown, in the Senate, March_ 6, 1860.

"I am a Southern States' Rights man; I am an African slave-trader. I am

one of those Southern men who believe that slavery is right--morally,

religiously, socially, and politically." (Applause.) ... "I represent

the African Slave-trade interests of that section. (Applause.) I am

proud of the position I occupy in that respect. I believe the African

Slave-trader is a true missionary and a true Christian."

(Applause.)--_Mr. Gaulden, a delegate from First Congressional District

of Georgia, in the Charleston Convention, now a supporter of Mr.

Douglas_.

"Ladies and gentlemen, I would gladly speak again, but you see from the

tones of my voice that I am unable to. This has been a happy, a glorious

day. I shall never forget it. There is a charm about this beautiful day,

about this sea air, and especially about that peculiar institution of

yours--a clam bake. I think you have the advantage, in that respect, of

Southerners. For my own part, I have much more fondness for your clams

than I have for their niggers. But every man to his taste."--_Hon_

_Stephen A. Douglas's Address at Rocky Point, R.I., Aug._ 2, 1860.]

[Footnote 41:--It is interesting to observe how two profoundly logical

minds, though holding extreme, opposite views, have deduced this common

conclusion. Says Mr. O'Conor, the eminent leader of the New York Bar,

and the counsel for the State of Virginia in the Lemon case, in his

speech at Cooper Institute, December 19th, 1859:

"That is the point to which this great argument must come--Is negro

slavery unjust? If it is unjust, it violates that first rule of human

conduct--'Render to every man his due.' If it is unjust, it violates the

law of God which says, 'Love thy neighbor as thyself,' for that requires

that we should perpetrate no injustice. Gentlemen, if it could be

maintained that negro slavery was unjust, perhaps I might be

prepared--perhaps we all ought to be prepared--to go with that

distinguished man to whom allusion is frequently made, and say, 'There

is a higher law which compels us to trample beneath our feet the

Constitution established by our fathers, with all the blessings it

secures to their children.' But I insist--and that is the argument which

we must meet, and on which we must come to a conclusion that shall

govern our actions in the future selection of representatives in the

Congress of the United States--insist that negro slavery is not unjust."]

Abraham Lincoln: The People's Leader in the Struggle for National Existence · 第 15 / 15 段