APPENDIX.
Reading edition
MR. LINCOLN’S SPEECHES IN CONGRESS AND ELSEWHERE, PROCLAMATIONS, LETTERS, ETC., NOT INCLUDED IN THE BODY OF THE WORK.
SPEECH ON THE MEXICAN WAR.
(In Committee of the Whole House, January 12, 1848.)
Mr. Lincoln addressed the Committee as follows:
“Mr. Chairman:—Some, if not all, of the gentlemen on the other side of the House, who have addressed the Committee within the last two days, have spoken rather complainingly, if I have rightly understood them, of the vote given a week or ten days ago, declaring that the war with Mexico was unnecessarily and unconstitutionally commenced by the President. I admit that such a vote should not be given in mere party wantonness, and that the one given is justly censurable, if it have no other or better foundation. I am one of those who joined in that vote; and did so under my best impression of the truth of the case. How I got this impression, and how it may possibly be removed, I will now try to show. When the war began, it was my opinion that all those who, because of knowing too little, or because of knowing too much, could not conscientiously approve the conduct of the President (in the beginning of it), should, nevertheless, as good citizens and patriots, remain silent on that point, at least till the war should be ended. Some leading Democrats, including ex-President Van Buren, have taken this same view, as I understand them; and I adhered to it, and acted upon it, until since I took my seat here; and I think I should still adhere to it, were it not that the President and his friends will not allow it to be so. Besides, the continual effort of the President to argue every silent vote given for supplies into an indorsement of the justice and wisdom of his conduct; besides that singularly candid paragraph in his late message, in which he tells us that Congress, with great unanimity (only two in the Senate and fourteen in the House dissenting) had declared that ‘by the act of the Republic of Mexico a state of war exists between that Government and the United States;’ when the same journals that informed him of this, also informed him that, when that declaration stood disconnected from the question of supplies, sixty-seven in the House, and not fourteen, merely, voted against it; besides this open attempt to prove by telling the truth, what he could not prove by telling the whole truth, demanding of all who will not submit to be misrepresented, in justice to themselves, to speak out; besides all this, one of my colleagues [Mr. Richardson], at a very early day in the session, brought in a set of resolutions, expressly indorsing the original justice of the war on the part of the President. Upon these resolutions, when they shall be put on their passage, I shall be compelled to vote; so that I can not be silent if I would. Seeing this, I went about preparing myself to give the vote understandingly, when it should come. I carefully examined the President’s messages, to ascertain what he himself had said and proved upon the point. The result of this examination was to make the impression, that, taking for true all the President states as facts, he falls far short of proving his justification; and that the President would have gone further with his proof, if it had not been for the small matter that the truth would not permit him. Under the impression thus made I gave the vote before mentioned. I propose now to give, concisely, the process of the examination I made, and how I reached the conclusion I did.
“The President, in his first message of May, 1846, declares that the soil was ours on which hostilities were commenced by Mexico; and he repeats that declaration, almost in the same language, in each successive annual message—thus showing that he esteems that point a highly essential one. In the importance of that point I entirely agree with the President. To my judgment, it is the very point upon which he should be justified or condemned. In his message of December, 1846, it seems to have occurred to him, as is certainly true, that title, ownership to soil, or any thing else, is not a simple fact, but is a conclusion following one or more simple facts; and that it was incumbent upon him to present the facts from which he concluded the soil was ours on which the first blood of the war was shed.
“Accordingly, a little below the middle of page twelve, in the message last referred to, he enters upon that task; forming an issue and introducing testimony, extending the whole to a little below the middle of page fourteen. Now, I propose to try to show that the whole of this—issue and evidence—is, from beginning to end, the sheerest deception. The issue, as he presents it, is in these words: ‘But there are those who, conceding all this to be true, assume the ground that the true western boundary of Texas is the Nueces, instead of the Rio Grande; and that, therefore, in marching our army to the east bank of the latter river, we passed the Texan line, and invaded the territory of Mexico.’ Now, this issue is made up of two affirmatives and no negative. The main deception of it is, that it assumes as true that one river or the other is necessarily the boundary, and cheats the superficial thinker entirely out of the idea that possibly the boundary is somewhere between the two, and not actually at either. A further deception is, that it will let in evidence which a true issue would exclude. A true issue made by the President would be about as follows: ‘I say the soil was ours on which the first blood was shed; there are those who say it was not.’
“I now proceed to examine the President’s evidence, as applicable to such an issue. When that evidence is analyzed it is all included in the following propositions:
“1. That the Rio Grande was the western boundary of Louisiana, as we purchased it of France in 1803.
“2. That the Republic of Texas always claimed the Rio Grande as her western boundary.
“3. That, by various acts, she had claimed it on paper.
“4. That Santa Anna, in his treaty with Texas, recognized the Rio Grande as her boundary.
“5. That Texas before, and the United States after annexation, had exercised jurisdiction beyond the Nueces, between the two rivers.
“6. That our Congress understood the boundary of Texas to extend beyond the Nueces.
“Now for each of these in its turn:
“His first item is, that the Rio Grande was the western boundary of Louisiana, as we purchased it of France in 1803; and, seeming to expect this to be disputed, he argues over the amount of nearly a page to prove it true; at the end of which he lets us know that, by the treaty of 1819, we sold to Spain the whole country, from the Rio Grande eastward to the Sabine. Now, admitting for the present, that the Rio Grande was the boundary of Louisiana, what, under heaven, had that to do with the present boundary between us and Mexico? How, Mr. Chairman, the line that once divided your land from mine can still be the boundary between us after I have sold my land to you, is, to me, beyond all comprehension. And how any man, with an honest purpose only of proving the truth, could ever have thought of introducing such a fact to prove such an issue, is equally incomprehensible. The outrage upon common right, of seizing as our own what we have once sold, merely because it was ours before we sold it, is only equaled by the outrage on common sense of any attempt to justify it.
“The President’s next piece of evidence is, that ‘The Republic of Texas always claimed this river (Rio Grande) as her western boundary.’ That is not true, in fact. Texas has claimed it, but she has not always claimed it. There is, at least, one distinguished exception. Her State Constitution—the public’s most solemn and well-considered act; that which may, without impropriety, be called her last will and testament, revoking all others—makes no such claim. But suppose she had always claimed it. Has not Mexico always claimed the contrary? So that there is but claim against claim, leaving nothing proved until we get back of the claims, and find which has the better foundation.
“Though not in the order in which the President presents his evidence, I now consider that class of his statements, which are, in substance, nothing more than that Texas has by various acts of her Convention and Congress, claimed the Rio Grande as her boundary—on paper. I mean here what he says about the fixing of the Rio Grande as her boundary, in her old Constitution (not her State Constitution), about forming congressional districts, counties, etc. Now, all this is but naked claim; and what I have already said about claims is strictly applicable to this. If I should claim your land by word of mouth, that certainly would not make it mine; and if I were to claim it by a deed which I had made myself, and with which you had nothing to do, the claim would be quite the same in substance, or rather in utter nothingness.
“I next consider the President’s statement that Santa Anna, in his treaty with Texas, recognized the Rio Grande as the western boundary of Texas. Besides the position so often taken that Santa Anna, while a prisoner of war—a captive—could not bind Mexico by a treaty, which I deem conclusive; besides this, I wish to say something in relation to this treaty so called by the President, with Santa Anna. If any man would like to be amused by a sight at that little thing, which the President calls by that big name, he can have it by turning to Niles’ Register, volume 50, page 386. And if any one should suppose that Niles’ Register is a curious repository of so mighty a document as a solemn treaty between nations, I can only say that I learned, to a tolerable degree of certainty, by inquiry at the State Department, that the President himself never saw it anywhere else. By the way, I believe I should not err if I were to declare, that during the first ten years of the existence of that document, it was never by anybody called a treaty; that it was never so called till the President, in his extremity, attempted, by so calling it, to wring something from it in justification of himself in connection with the Mexican war. It has none of the distinguishing features of a treaty. It does not call itself a treaty. Santa Anna does not therein assume to bind Mexico; he assumes only to act as President, Commander-in-chief of the Mexican army and navy; stipulates that the then present hostilities should cease, and that he would not himself take up arms, nor influence the Mexican people to take up arms, against Texas, during the existence of the war of independence. He did not recognize the independence of Texas; he did not assume to put an end to the war, but clearly indicated his expectation of its continuance; he did not say one word about boundary, and most probably never thought of it. It is stipulated therein that the Mexican forces should evacuate the territory of Texas, passing to the other side of the Rio Grande; and in another article it is stipulated, that to prevent collisions between the armies, the Texan army should not approach nearer than five leagues—of what is not said—but clearly, from the object stated, it is of the Rio Grande. Now, if this is a treaty recognizing the Rio Grande as a boundary of Texas, it contains the singular feature of stipulating that Texas shall not go within five leagues of her own boundary.
“Next comes the evidence that Texas before annexation, and the United States afterward, exercising jurisdiction beyond the Nueces, and between the two rivers. This actual exercise of jurisdiction is the very class or quality of evidence we want. It is excellent so far as it goes; but does it go far enough? He tells us it went beyond the Nueces, but he does not tell us it went to the Rio Grande. He tells us jurisdiction was exercised between the two rivers, but he does not tell us it was exercised over all the territory between them. Some simple-minded people think it possible to cross one river and go beyond it, without going all the way to the next; that jurisdiction may be exercised between two rivers without covering all the country between them. I know a man, not very unlike myself, who exercises jurisdiction over a piece of land between the Wabash and the Mississippi; and yet so far is this from being all there is between those rivers, that it is just one hundred and fifty-two feet long by fifty wide, and no part of it much within a hundred miles of either. He has a neighbor between him and the Mississippi—that is, just across the street, in that direction—whom, I am sure, he could neither persuade nor force to give up his habitation; but which, nevertheless he could certainly annex, if it were to be done, by merely standing on his own side of the street and claiming it, or even sitting down and writing a deed for it.
“But next, the President tells us, the Congress of the United States understood the State of Texas they admitted into the Union to extend beyond the Nueces. Well, I suppose they did—I certainly so understand it—but how far beyond? That Congress did not understand it to extend clear to the Rio Grande, is quite certain by the fact of their joint resolutions for admission expressly leaving all questions of boundary to future adjustment. And, it may be added, that Texas herself is proved to have had the same understanding of it that our Congress had, by the fact of the exact conformity of her new Constitution to those resolutions.
“I am now through the whole of the President’s evidence; and it is a singular fact, that if any one should declare the President sent the army into the midst of a settlement of Mexican people, who had never submitted, by consent or by force to the authority of Texas or of the United States, and that there, and thereby, the first blood of the war was shed, there is not one word in all the President has said which would either admit or deny the declaration. In this strange omission chiefly consists the deception of the President’s evidence—an omission which, it does seem to me, could scarcely have occurred but by design. My way of living leads me to be about the courts of justice; and there I have sometimes seen a good lawyer, struggling for his client’s neck, in a desperate case, employing every artifice to work round, befog, and cover up with many words some position pressed upon him by the prosecution, which he dared not admit, and yet could not deny. Party bias may help to make it appear so; but, with all the allowance I can make for such bias, it still does appear to me that just such and from just such necessity, are the President’s struggles in this case.
“Some time after my colleague (Mr. Richardson) introduced the resolutions I have mentioned, I introduced a preamble, resolution, and interrogatories, intended to draw the President out, if possible, on this hitherto untrodden ground. To show their relevancy, I propose to state my understanding of the true rule for ascertaining the boundary between Texas and Mexico. It is, that wherever Texas was exercising jurisdiction was hers; and wherever Mexico was exercising jurisdiction was hers: and that whatever separated the actual exercise of jurisdiction of the one from that of the other, was the true boundary between them. If, as is probably true, Texas was exercising jurisdiction along the western bank of the Nueces, and Mexico was exercising it along the eastern bank of the Rio Grande, then neither river was the boundary, but the uninhabited country between the two was. The extent of our territory in that region depended not on any treaty-fixed boundary (for no treaty had attempted it), but on revolution. Any people anywhere, being inclined and having the power, have the right to rise up and shake off the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right—a right which, we hope and believe, is to liberate the world. Nor is this right confined to cases in which the whole people of an existing government may choose to exercise it. Any portion of such people that can may revolutionize, and make their own of so much of their territory as they inhabit. More than this, a majority of any portion of such people may revolutionize, putting down a minority, intermingled with, or near about them, who may oppose their movements. Such minority was precisely the case of the Tories of our own Revolution. It is a quality of revolutions not to go by old lines, or old laws; but to break up both and make new ones. As to the country now in question, we bought it of France in 1803, and sold it to Spain in 1819, according to the President’s statement. After this, all Mexico, including Texas, revolutionized against Spain; and still later, Texas revolutionized against Mexico. In my view, just so far as she carried her revolution, by obtaining the actual, willing or unwilling submission of the people, so far the country was hers, and no further.
“Now, sir, for the purpose of obtaining the very best evidence as to whether Texas had actually carried her revolution to the place where the hostilities of the present war commenced, let the President answer the interrogatories I proposed, as before mentioned, or some other similar ones. Let him answer fully, fairly and candidly. Let him answer with facts, and not with arguments. Let him remember he sits where Washington sat; and, so remembering, let him answer as Washington would answer. As a nation should not, and the Almighty will not, be evaded, so let him attempt no evasion, no equivocation. And if, so answering, he can show that the soil was ours where the first blood of the war was shed—that it was not within an inhabited country, or, if within such, that the inhabitants had submitted themselves to the civil authority of Texas, or of the United States, and that the same is true of the site of Fort Brown—then I am with him for his justification. In that case, I shall be most happy to reverse the vote I gave the other day. I have a selfish motive for desiring that the President may do this; I expect to give some votes, in connection with the war, which, without his so doing, will be of doubtful propriety, in my own judgment, but which will be free from the doubt if he does so. But if he can not or will not do this,—if, on any pretence, or no pretence, he shall refuse or omit it,—then I shall be fully convinced, of what I more than suspect already, that he is deeply conscious of being in the wrong; that he feels the blood of this war, like the blood of Abel, is crying to heaven against him; that he ordered General Taylor into the midst of a peaceful Mexican settlement, purposely to bring on a war; that originally having some strong motive—what I will not stop now to give my opinion concerning—to involve the two countries in a war, and trusting to escape scrutiny by fixing the public gaze upon the exceeding brightness of military glory—that attractive rainbow that rises in showers of blood—that serpent’s eye that charms to destroy—he plunged into it, and has swept on and on, till, disappointed in his calculation of the ease with which Mexico might be subdued, he now finds himself he knows not where. How like the half insane mumbling of a fever dream is the whole war part of the late message! At one time telling us that Mexico has nothing whatever that we can get but territory; at another, showing us how we can support the war by levying contributions on Mexico. At one time urging the national honor, the security of the future, the prevention of foreign interference, and even the good of Mexico herself, as among the objects of the war; at another, telling us that, ‘to reject indemnity by refusing to accept a cession of territory, would be to abandon all our just demands, and to wage the war, bearing all its expenses, without a purpose or definite object.’ So, then, the national honor, security of the future, and everything but territorial indemnity, may be considered the no purposes and indefinite objects of the war! But having it now settled that territorial indemnity is the only object, we are urged to seize, by legislation here, all that he was content to take a few months ago, and the whole province of Lower California to boot, and to still carry on the war—to take all we are fighting for, and still fight on. Again, the President is resolved, under all circumstances, to have full territorial indemnity for the expenses of the war; but he forgets to tell us how we are to get the excess after those expenses shall have surpassed the value of the whole of the Mexican territory. So, again, he insists that the separate national existence of Mexico shall be maintained; but he does not tell us how this can be done after we shall have taken all her territory. Lest the question I here suggest be considered speculative merely, let me be indulged a moment in trying to show they are not.
“The war has gone on some twenty months; for the expenses of which, together with an inconsiderable old score, the President now claims about one-half of the Mexican territory, and that by far the better half, so far as concerns our ability to make any thing out of it. It is comparatively uninhabited; so that we could establish land offices in it, and raise some money in that way. But the other half is already inhabited, as I understand it, tolerably densely for the nature of the country; and all its lands, or all that are valuable, already appropriated as private property. How, then, are we to make any thing out of these lands with this incumbrance on them, or how remove the incumbrance? I suppose no one will say that we shall kill the people, or drive them out, or make slaves of them, or even confiscate their property? How, then, can we make much out of this part of the territory? If the prosecution of the war has, in expenses, already equalled the better half of the country, how long its future prosecution will be in equalling the less valuable half is not a speculative but a practical question, pressing closely upon us; and yet it is a question which the President seems never to have thought of.
“As to the mode of terminating the war and securing peace, the President is equally wandering and indefinite. First, it is to be done by a more vigorous prosecution of the war in the vital parts of the enemy’s country; and, after apparently talking himself tired on this point, the President drops down into a half despairing tone, and tells us, that ‘with a people distracted and divided by contending factions, and a government subject to constant changes, by successive revolutions, the continued success of our arms may fail to obtain a satisfactory peace.’ Then he suggests the propriety of wheedling the Mexican people to desert the counsels of their own leaders, and, trusting in our protection, to set up a government from which we can secure a satisfactory peace, telling us that ‘this may become the only mode of obtaining such a peace.’ But soon he falls into doubt of this too, and then drops back on to the already half abandoned ground of ‘more vigorous prosecution.’ All this shows that the President is in no wise satisfied with his own positions. First, he takes up one, and, in attempting to argue us into it, he argues himself out of it; then seizes another, and goes through the same process; and then, confused at being able to think of nothing new, he snatches up the old one again, which he has some time before cast off. His mind, tasked beyond its power, is running hither and thither, like some tortured creature on a burning surface, finding no such position on which it can settle down and be at ease.
“Again, it is a singular omission in this message, that it nowhere intimates when the President expects the war to terminate. At its beginning, General Scott was, by this same President driven into disfavor, if not disgrace, for intimating that peace could not be conquered in less than three or four months. But now at the end of about twenty months, during which time our arms have given us the most splendid successes—every department, and every part, land and water, officers and privates, regulars and volunteers, doing all that men could do, and hundreds of things which it had ever before been thought that men could not do; after all this, this same President gives us a long message without showing us that as to the end, he has himself even an imaginary conception. As I have before said, he knows not where he is. He is a bewildered, confounded, and miserably-perplexed man. God grant he may be able to show that there is not something about his conscience more painful than all his mental perplexity.”
*****
SPEECH ON INTERNAL IMPROVEMENTS.
(In Committee of the Whole House, June 20, 1848.)
Mr. Lincoln said:
“Mr. Chairman:—I wish at all times in no way to practice any fraud upon the House or the Committee, and I also desire to do nothing which may be very disagreeable to any of the members. I therefore state, in advance, that my object in taking the floor is to make a speech on the general subject of internal improvements; and if I am out of order in doing so I give the Chair an opportunity of so deciding, and I will take my seat.”
The Chair.—“I will not undertake to anticipate what the gentleman may say on the subject of internal improvements. He will, therefore, proceed in his remarks, and if any question of order shall be made, the Chair will then decide it.”
Mr. Lincoln.—“At an early day of this session the President sent to us what may properly be termed an internal improvement veto message. The late Democratic Convention which sat at Baltimore, and which nominated General Cass for the Presidency, adopted a set of resolutions, now called the Democratic platform, among which is one in these words:
“‘That the Constitution does not confer upon the General Government the power to commence and carry on a general system of internal improvements.’
“General Cass, in his letter accepting the nomination, holds this language:
“‘I have carefully read the resolutions of the Democratic National Convention, laying down the platform of our political faith, and I adhere to them as firmly as I approve them cordially.’
“These things, taken together, show that the question of internal improvements is now more distinctly made—has become more intense, than at any former period. It can no longer be avoided. The veto message and the Baltimore resolution I understand to be, in substance, the same thing; the latter being the more general statement, of which the former is the amplification—the bill of particulars. While I know there are many Democrats, on this floor and elsewhere, who disapprove that message, I understand that all who shall vote for General Cass will thereafter be considered as having approved it, as having indorsed all its doctrines. I suppose all, or nearly all, the Democrats will vote for him. Many of them will do so, not because they like his position on this question, but because they prefer him, being wrong in this, to another, whom they consider further wrong on other questions. In this way the internal improvement Democrats are to be, by a sort of forced consent, carried over, and arrayed against themselves on this measure of policy. General Cass, once elected, will not trouble himself to make a Constitutional argument, or, perhaps, any argument at all, when he shall veto a river or harbor bill. He will consider it a sufficient answer to all Democratic murmurs, to point to Mr. Polk’s message, and to the “Democratic platform.” This being the case, the question of improvements is verging to a final crisis; and the friends of the policy must now battle, and battle manfully, or surrender all. In this view, humble as I am, I wish to review, and contest as well as I may, the general positions of this veto message. When I say general positions, I mean to exclude from consideration so much as relates to the present embarrassed state of the Treasury, in consequence of the Mexican war.
“Those general positions are: That internal improvements ought not to be made by the General Government:
“1. Because they would overwhelm the treasury;
“2. Because, while their burdens would be general, their benefits would be local and partial, involving an obnoxious inequality;
“3. Because they would be unconstitutional;
“4. Because the States may do enough by the levy and collection of tonnage duties; or, if not,
“5. That the Constitution may be amended.
“‘Do nothing at all, lest you do something wrong,’ is the sum of these positions—is the sum of this message; and this, with the exception of what is said about Constitutionality, applying as forcibly to making improvements by State authority as by the national authority. So that we must abandon the improvements of the country altogether, by any and every authority, or we must resist and repudiate the doctrines of this message. Let us attempt the latter.
“The first position is, that a system of internal improvement would overwhelm the treasury.
“That, in such a system, there is a tendency to undue expansion, is not to be denied. Such tendency is founded in the nature of the subject. A member of Congress will prefer voting for a bill which contains an appropriation for his district, to voting for one which does not; and when a bill shall be expanded till every district shall be provided for, that it will be too greatly expanded is obvious. But is this any more true in Congress than in a State Legislature? If a member of Congress must have an appropriation for his district, so a member of a Legislature must have one for his county; and if one will overwhelm the national treasury, so the other will overwhelm the State treasury. Go where we will, the difficulty is the same. Allow it to drive us from the halls of Congress, and it will just as easily drive us from the State Legislatures. Let us, then, grapple with it, and test its strength. Let us, judging of the future by the past, ascertain whether there may not be, in the discretion of Congress, a sufficient power to limit and restrain this expansive tendency within reasonable and proper bounds. The President himself values the evidence of the past. He tells us that at a certain point of our history, more than two hundred millions of dollars had been applied for, to make improvements, and this he does to prove that the treasury would be overwhelmed by such a system. Why did he not tell us how much was granted? Would not that have been better evidence? Let us turn to it, and see what it proves. In the message, the President tells us that ‘during the four succeeding years, embraced by the administration of President Adams, the power not only to appropriate money, but to apply it, under the direction and authority of the General Government, as well to the construction of roads as to the improvement of harbors and rivers, was fully asserted and exercised.’
“This, then, was the period of greatest enormity. These, if any, must have been the days of the two hundred millions. And how much do you suppose was really expended for improvements during those four years? Two hundred millions? One hundred? Fifty? Ten? Five? No, sir, less than two millions. As shown by authentic documents, the expenditures on improvements during 1825, 1826, 1827 and 1828, amounted to $1,879,627 01. These four years were the period of Mr. Adams’ administration, nearly, and substantially. This fact shows that when the power to make improvements was ‘fully asserted and exercised,’ the Congress did keep within reasonable limits; and what has been done it seems to me, can be done again.
“Now for the second position of the message, namely, that the burdens of improvements would be general, while their benefits would be local and partial, involving an obnoxious inequality. That there is some degree of truth in this position I shall not deny. No commercial object of Government patronage can be so exclusively general, as not to be of some peculiar local advantage; but on the other hand, nothing is so local as not to be of some general advantage. The navy, as I understand it, was established, and is maintained, at a great annual expense, partly to be ready for war, when war shall come, but partly also, and perhaps chiefly, for the protection of our commerce on the high seas. This latter object is, for all I can see, in principle, the same as internal improvements. The driving a pirate from the track of commerce on the broad ocean, and the removing a snag from its more narrow path in the Mississippi river, can not, I think, be distinguished in principle. Each is done to save life and property, and for nothing else. The navy, then, is the most general in its benefits of all this class of objects; and yet even the navy is of some peculiar advantage to Charleston, Baltimore, Philadelphia, New York and Boston, beyond what it is to the interior towns of Illinois. The next most general object I can think of, would be improvements on the Mississippi river and its tributaries. They touch thirteen of our States—Pennsylvania, Virginia, Kentucky, Tennessee, Mississippi, Louisiana, Arkansas, Missouri, Illinois, Indiana, Ohio, Wisconsin, and Iowa. Now, I suppose it will not be denied, that these thirteen States are a little more interested in improvements on that great river than are the remaining seventeen. These instances of the navy, and the Mississippi river show clearly that there is something of local advantage in the most general objects. But the converse is also true. Nothing is so local as not to be of some general benefit. Take, for instance, the Illinois and Michigan canal. Considered apart from its effects, it is perfectly local. Every inch of it is within the State of Illinois. That canal was first opened for business last April. In a very few days we were all gratified to learn, among other things, that sugar had been carried from New Orleans, through the canal, to Buffalo, in New York. This sugar took this route, doubtless, because it was cheaper than the old route. Supposing the benefit in the reduction of the cost of carriage to be shared between seller and buyer, the result is, that the New Orleans merchant sold his sugar a little dearer, and the people of Buffalo sweetened their coffee a little cheaper than before; a benefit resulting from the canal, not to Illinois, where the canal is, but to Louisiana and New York, where the canal is not. In other transactions Illinois will, of course, have her share, and perhaps the larger share too, in the benefits of the canal; but the instance of the sugar clearly shows that the benefits of an improvement are by no means confined to the particular locality of the improvement itself.
“The just conclusion from all this is, that if the nation refuse to make improvements of the more general kind, because their benefits may be somewhat local, a State may for the same reason, refuse to make an improvement of a local kind, because its benefits may be somewhat general. A State may well say to the Nation: ‘If you will do nothing for me, I will do nothing for you.’ Thus it is seen, that if this argument of ‘inequality’ is sufficient anywhere, it is sufficient everywhere, and puts an end to improvements altogether. I hope and believe, that if both the Nation and the States would, in faith, in their respective spheres, do what they could in the way of improvements, what of inequality might be produced in one place might be compensated in another and that the sum of the whole might not be very unequal. But suppose, after all, there should be some degree of inequality: inequality is certainly never to be embraced for its own sake; but is every good thing to be discarded which may be inseparably connected with some degree of it? If so, we must discard all government. This Capitol is built at the public expense, for the public benefit; but does any one doubt that it is of some peculiar local advantage to the property holders and business people of Washington? Shall we remove it for this reason? And if so, where shall we set it down, and be free from the difficulty? To make sure of our object shall we locate it nowhere, and leave Congress hereafter to hold its sessions as the loafer lodged, ‘in spots about?’ I make no special allusion to the present President when I say, there are few stronger cases in this world of ‘burden to the many, and benefit to the few’—of ‘inequality’—than the Presidency itself is by some thought to be. An honest laborer digs coal at about seventy cents a day, while the President digs abstractions at about seventy dollars a day. The coal is clearly worth more than the abstractions, and yet what a monstrous inequality in the prices! Does the President, for this reason, propose to abolish the Presidency? He does not, and he ought not. The true rule, in determining to embrace or reject any thing, is not whether it have any evil in it, but whether it have more of evil than of good. There are few things wholly evil or wholly good; almost every thing, especially of government policy, is an inseparable compound of the two; so that our best judgment of the preponderance between them is continually demanded. On this principle the President, his friends, and the world generally, act on most subjects. Why not apply it, then, upon this question? Why, as to improvements, magnify the evil, and stoutly refuse to see any good in them?
“Mr. Chairman, on the third position of the message (the Constitutional question) I have not much to say. Being the man I am, and speaking when I do, I feel that in any attempt at an original, Constitutional argument, I should not be, and ought not to be, listened to patiently. The ablest and the best of men have gone over the whole ground long ago. I shall attempt but little more than a brief notice of what some of them have said. In relation to Mr. Jefferson’s views, I read from Mr. Polk’s veto message:
“‘President Jefferson, in his message to Congress in 1806, recommended an amendment of the Constitution, with a view to apply an anticipated surplus in the treasury ‘to the great purposes of the public education, roads, rivers, canals, and such other objects of public improvements as it may be thought proper to add to the Constitutional enumeration of the Federal powers.’ And he adds: ‘I suppose an amendment to the Constitution, by consent of the States, necessary because the objects now recommended are not among those enumerated in the Constitution, and to which it permits the public moneys to be applied.’ In 1825, he repeated, in his published letters, the opinion that no such power had been conferred upon Congress.’
“I introduce this, not to controvert, just now, the Constitutional opinion, but to show, that on the question of expediency, Mr. Jefferson’s opinion was against the present President—that this opinion of Mr. Jefferson, in one branch at least, is, in the hands of Mr. Polk, like McFingal’s gun:
“‘Bears wide and kicks the owner over.’
“But, to the Constitutional question. In 1826, Chancellor Kent first published his Commentaries on American Law. He devoted a portion of one of the lectures to the question of the authority of Congress to appropriate public moneys for internal improvements. He mentions that the question had never been brought under judicial consideration, and proceeds to give a brief summary of the discussions it had undergone between the legislative and executive branches of the Government. He shows that the legislative branch had usually been for, and the executive against, the power, till the period of Mr. J. Q. Adams’ administration; at which point he considers the executive influence as withdrawn from opposition, and added to the support of the power. In 1844, the Chancelor published a new edition of his Commentaries, in which he adds some notes of what had transpired on the question since 1826. I have not time to read the original text, or the notes, but the whole may be found on page 267, and the two or three following pages of the first volume of the edition of 1844. As what Chancellor Kent seems to consider the sum of the whole, I read from one of the notes:
“‘Mr. Justice Story, in his Commentaries on the Constitution of the United States, vol. 2, page 429–440, and again, page 519–538, has stated at large the arguments for and against the proposition that Congress have a Constitutional authority to lay taxes, and to apply the power to regulate commerce, as a means directly to encourage and protect domestic manufactures; and, without giving any opinion of his own on the contested doctrine, he has left the reader to draw his own conclusion. I should think, however, from the arguments as stated, that every mind which has taken no part in the discussions, and felt no prejudice or territorial bias on either side of the question, would deem the arguments in favor of the Congressional power vastly superior.’
“It will be seen, that in this extract, the power to make improvements is not directly mentioned; but by examining the context, both of Kent and of Story, it will appear that the power mentioned in the extract and the power to make improvements, are regarded as identical. It is not to be denied that many great and good men have been against the power; but it is insisted that quite as many, as great, and as good, have been for it; and it is shown that, on a full survey of the whole, Chancelor Kent was of opinion that the arguments of the latter were vastly superior. This is but the opinion of a man; but who was that man? He was one of the ablest and most learned lawyers of his age, or of any other age. It is no disparagement to Mr. Polk, nor, indeed, to any one who devotes much time to politics, to be placed far behind Chancelor Kent as a lawyer. His attitude was most favorable to correct conclusions. He wrote coolly and in retirement. He was struggling to rear a durable monument of fame; and he well knew that truth and thoroughly sound reasoning were the only sure foundations. Can the party opinion of a party President, on a law question, as this purely is, be at all compared or set in opposition to that of such a man, in such an attitude as Chancelor Kent?
“This Constitutional question will probably never be better settled than it is, until it shall pass under judicial consideration; but I do think that no man who is clear on this question of expediency need feel his conscience much pricked upon this.
“Mr. Chairman, the President seems to think that enough may be done in the way of improvements, by means of tonnage duties, under State authority, with the consent of the General Government. Now, I suppose this matter of tonnage duties is well enough in its own sphere. I suppose it may be efficient, and perhaps sufficient, to make slight improvements and repairs in harbors already in use, and not much out of repair. But if I have any correct general idea of it, it must be wholly inefficient for any generally beneficent purposes of improvement. I know very little, or rather nothing at all, of the practical matter of levying and collecting tonnage duties; but I suppose one of its principles must be, to lay a duty, for the improvement of any particular harbor, upon the tonnage coming into that harbor. To do otherwise—to collect money in one harbor to be expended in improvements in another—would be an extremely aggravated form of that inequality which the President so much deprecates. If I be right in this, how could we make any entirely new improvements by means of tonnage duties? How make a road, a canal, or clear a greatly obstructed river? The idea that we could, involves the same absurdity of the Irish bull about the new boots: ‘I shall never git ‘em on,’ says Patrick, ’till I wear ’em a day or two, and stretch ’em a little.’ We shall never make a canal by tonnage duties, until it shall already have been made awhile, so the tonnage can get into it.
“After all, the President concludes that possibly there may be some great objects of improvements which can not be effected by tonnage duties, and which, therefore, may be expedient for the General Government to take in hand. Accordingly, he suggests, in case any such be discovered, the propriety of amending the Constitution. Amend it for what? If, like Mr. Jefferson, the President thought improvements expedient but not Constitutional, it would be natural enough for him to recommend such an amendment; but hear what he says in this very message:
“‘In view of these portentous consequences, I can not but think that this course of legislation should be arrested, even were there nothing to forbid it in the fundamental laws of our Union.’
“For what, then, would he have the Constitution amended? With him it is a proposition to remove one impediment, merely to be met by others, which, in his opinion, can not be removed—to enable Congress to do what, in his opinion, they ought not to do if they could.”
[Here Mr. Meade, of Virginia, inquired if Mr. L. understood the President to be opposed, on grounds of expediency, to any and every improvement?]
To which Mr. Lincoln answered: “In the very part of his message of which I am now speaking, I understand him as giving some vague expressions in favor of some possible objects of improvement; but, in doing so, I understand him to be directly in the teeth of his own arguments in other parts of it. Neither the President, nor any one, can possibly specify an improvement, which shall not be clearly liable to one or another of the objections he has urged on the score of expediency; I have shown, and might show again, that no work—no object—can be so general, as to dispense its benefits with precise equality; and this inequality is chief among the ‘portentous consequences’ for which he declares that improvements should be arrested. No, sir; when the President intimates that something in the way of improvements may properly be done by the General Government, he is shrinking from the conclusions to which his own arguments would force him. He feels that the improvements of this broad and goodly land are a mighty interest; and he is unwilling to confess to the people, or perhaps to himself, that he has built an argument which, when pressed to its conclusion, entirely annihilates this interest.
“I have already said that no one who is satisfied of the expediency of making improvements need be much uneasy in his conscience about its Constitutionality. I wish now to submit a few remarks on the general proposition of amending the Constitution. As a General rule, I think we would do much better to let it alone. No slight occasion should tempt us to touch it. Better not take the first step, which may lead to a habit of altering it. Better rather habituate ourselves to think of it as unalterable. It can scarcely be made better than it is. New provisions would introduce new difficulties, and thus create and increase appetite for further change. No, sir; let it stand as it is. New hands have never touched it. The men who made it have done their work, and have passed away. Who shall improve on what they did?
“Mr. Chairman, for the purpose of reviewing this message in the least possible time, as well as for the sake of distinctness, I have analyzed its arguments as well as I could, and reduced them to the propositions I have stated. I have now examined them in detail. I wish to detain the committee only a little while longer, with some general remarks on the subject of improvements. That the subject is a difficult one, can not be denied. Still, it is no more difficult in Congress than in the State legislatures, in the counties or in the smallest municipal districts which everywhere exist. All can recur to instances of this difficulty in the case of county roads, bridges, and the like. One man is offended because a road passes over his land; and another is offended because it does not pass over his; one is dissatisfied because the bridge, for which he is taxed, crosses the river on a different road from that which leads from his house to town; another can not bear that the county should get in debt for these same roads and bridges; while not a few struggle hard to have roads located over their lands, and then stoutly refuse to let them be opened, until they are first paid the damages. Even between the different wards and streets of towns and cities, we find this same wrangling and difficulty. Now, these are no other than the very difficulties against which, and out of which, the President constructs his objections of ‘inequality,’ ‘speculation,’ and ‘crushing the Treasury.’ There is but a single alternative about them—they are sufficient, or they are not. If sufficient, they are sufficient out of Congress as well as in it, and there is the end. We must reject them as insufficient, or lie down and do nothing by any authority. Then, difficulty though there be, let us meet and overcome it.
‘Attempt the end, and never stand to doubt; Nothing so hard, but search will find it out.’
“Determine that the thing can and shall be done, and then we shall find the way. The tendency to undue expansion is unquestionably the chief difficulty. How to do something, and still not to do too much, is the desideratum. Let each contribute his mite in the way of suggestion. The late Silas Wright, in a letter to the Chicago Convention, contributed his, which was worth something; and I now contribute mine, which may be worth nothing. At all events, it will mislead nobody, and therefore will do no harm. I would not borrow money. I am against an overwhelming, crushing system. Suppose that at each session, Congress shall first determine how much money can, for that year, be spared for improvements; then apportion that sum to the most important objects. So far all is easy; but how shall we determine which are the most important? On this question comes the collision of interests. I shall be slow to acknowledge that your harbor or your river is more important than mine, and vice versa. To clear this difficulty, let us have that same statistical information which the gentleman from Ohio [Mr. Vinton] suggested at the beginning of this session. In that information we shall have a stern, unbending basis of facts—a basis in nowise subject to whim, caprice, or local interest. The pre-limited amount of means will save us from doing too much, and the statistics will save us from doing what we do in wrong places. Adopt and adhere to this course, and, it seems to me, the difficulty is cleared.
“One of the gentlemen from South Carolina (Mr. Rhett) very much deprecates these statistics. He particularly objects, as I understand him, to counting all the pigs and chickens in the land. I do not perceive much force in the objection. It is true, that if every thing be enumerated, a portion of such statistics may not be very useful to this object. Such products of the country as are to be consumed where they are produced, need no roads and rivers, no means of transportation, and have no very proper connection with this subject. The surplus, that which is produced in one place to be consumed in another; the capacity of each locality for producing a greater surplus; the natural means of transportation, and their susceptibility of improvement; the hindrances, delays, and losses of life and property during transportation, and the causes of each, would be among the most valuable statistics in this connection. From these it would readily appear where a given amount of expenditure would do the most good. These statistics might be equally accessible, as they would be equally useful, to both the Nation and the States. In this way, and by these means, let the nation take hold of the larger works, and the States the smaller ones; and thus, working in a meeting direction, discreetly, but steadily and firmly, what is made unequal in one place may be equalized in another, extravagance avoided, and the whole country put on that career of prosperity, which shall correspond with its extent of territory, its natural resources, and the intelligence and enterprise of its people.”
*****
SPEECH ON THE PRESIDENCY AND GENERAL POLITICS.
(Delivered in the House, July 27, 1848.)
GENERAL TAYLOR AND THE VETO POWER.
“Mr. Speaker:—Our Democratic friends seem to be in great distress because they think our candidate for the Presidency don’t suit us. Most of them can not find out that General Taylor has any principles at all; some, however, have discovered that he has one, but that that one is entirely wrong. This one principle is his position on the veto power. The gentleman from Tennessee (Mr. Stanton) who has just taken his seat, indeed, has said there is very little if any difference on this question between General Taylor and all the Presidents; and he seems to think it sufficient detraction from General Taylor’s position on it, that it has nothing new in it. But all others whom I have heard speak assail it furiously. A new member from Kentucky (Mr. Clarke) of very considerable ability, was in particular concern about it. He thought it altogether novel and unprecedented for a President, or a Presidential candidate, to think of approving bills whose Constitutionality may not be entirely clear to his own mind. He thinks the ark of our safety is gone, unless Presidents shall always veto such bills as, in their judgment, may be of doubtful Constitutionality. However clear Congress may be of their authority to pass any particular act, the gentleman from Kentucky thinks the President must veto it if he has doubts about it. Now I have neither time nor inclination to argue with the gentleman on the veto power as an original question; but I wish to show that General Taylor, and not he, agrees with the earliest statesmen on this question. When the bill chartering the first Bank of the United States passed Congress, its Constitutionality was questioned; Mr. Madison, then in the House of Representatives, as well as others, had opposed it on that ground. General Washington, as President, was called on to approve or reject it. He sought and obtained, on the Constitutional question, the separate written opinions of Jefferson, Hamilton, and Edmund Randolph, they then being respectively Secretary of State, Secretary of the Treasury, and Attorney General. Hamilton’s opinion was for the power; while Randolph’s and Jefferson’s were both against it. Mr. Jefferson, in his letter dated February 15th, 1791, after giving his opinion decidedly against the Constitutionality of that bill, closed with the paragraph which I now read:
“‘It must be admitted, however, that unless the President’s mind, on a view of every thing which is urged for and against this bill, is tolerably clear that it is unauthorized by the Constitution; if the pro and the con hang so even as to balance his judgment, a just respect for the wisdom of the Legislature would naturally decide the balance in favor of their opinion; it is chiefly for cases where they are clearly misled by error, ambition, or interest, that the Constitution has placed a check in the negative of the President.’
“General Taylor’s opinion, as expressed in his Allison letter, is as I now read:
“‘The power given by the veto is a high conservative power; but, in my opinion, should never be exercised, except in cases of clear violation of the Constitution, or manifest haste and want of consideration by Congress.
“It is here seen that, in Mr. Jefferson’s opinion, if, on the Constitutionality of any given bill, the President doubts, he is not to veto it, as the gentleman from Kentucky would have him to do, but is to defer to Congress and approve it. And if we compare the opinions of Jefferson and Taylor, as expressed in these paragraphs, we shall find them more exactly alike than we can often find any two expressions having any literal difference. None but interested fault-finders, can discover any substantial variation.
“But gentlemen on the other side are unanimously agreed that Gen. Taylor has no other principle. They are in utter darkness as to his opinions on any of the questions of policy which occupy the public attention. But is there any doubt as to what he will do on the prominent question, if elected? Not the least. It is not possible to know what he will or would do in every imaginable case; because many questions have passed away, and others doubtless will arise which none of us have yet thought of; but on the prominent questions of currency, tariff, internal improvements, and Wilmot proviso, General Taylor’s course is at least as well defined as is General Cass’s. Why, in their eagerness to get at General Taylor, several Democratic members here have desired to know whether, in case of his election, a bankrupt law is to be established. Can they tell us General Cass’s opinion on this question? (Some member answered, ‘He is against it.’) Aye, how do you know he is? There is nothing about it in the platform, nor elsewhere, that I have seen. If the gentleman knows any thing which I do not, he can show it. But to return: General Taylor, in his Allison letter says:
“‘Upon the subject of the tariff, the currency, the improvement of our great highways, rivers, lakes, and harbors, the will of the people, as expressed through their Representatives in Congress, ought to be respected and carried out by the Executive.’
“Now, this is the whole matter—in substance, it is this: The people say to General Taylor, ‘If you are elected shall we have a National bank?’ He answers, ‘Your will, gentlemen, not mine.’ ‘What about the tariff?’ ‘Say yourselves.’ ‘Shall our rivers and harbors be improved?’ ‘Just as you please.’ ‘If you desire a bank, an alteration of the tariff, internal improvements, any or all, I will not hinder you; if you do not desire them, I will not attempt to force them on you. Send up your members of Congress from the various districts, with opinions according to your own, and if they are for these measures, or any of them, I shall have nothing to oppose; if they are not for them, I shall not, by any appliances whatever, attempt to dragoon them into their adoption.’ Now, can there be any difficulty in understanding this? To you, Democrats, it may not seem like principle; but surely you can not fail to perceive the position plain enough. The distinction between it and the position of your candidate is broad and obvious, and I admit you have a clear right to show it is wrong, if you can; but you have no right to pretend you can not see it at all. We see it, and to us it appears like principle, and the best sort of principle at that—the principle of allowing the people to do as they please with their own business. My friend from Indiana (Mr. C. B. Smith) has aptly asked, ‘Are you willing to trust the people?’ Some of you answered, substantially, ‘We are willing to trust the people; but the President is as much the representative of the people as Congress.’ In a certain sense, and to a certain intent, he is the representative of the people. He is elected by them, as well as Congress is. But can he, in the nature of things, know the wants of the people as well as three hundred other men coming from all the various localities of the Nation? If so, where is the propriety of having a Congress? That the Constitution gives the President a negative on legislation, all know; but that this negative should be so combined with platforms and other appliances as to enable him, and, in fact, almost compel him, to take the whole of legislation into his own hands, is what we object to—is what General Taylor objects to—and is what constitutes the broad distinction between you and us. To thus transfer legislation is clearly to take it from those who understand with minuteness the interests of the people, and give it to one who does not and can not so well understand it. I understand your idea, that if a Presidential candidate avow his opinion upon a given question, or rather upon all questions, and the people, with full knowledge of this, elect him, they thereby distinctly approve all those opinions. This, though plausible, is a most pernicious deception. By means of it measures are adopted or rejected, contrary to the wishes of the whole of one party, and often nearly half of the other. The process is this: Three, four, or half a dozen questions are prominent at a given time; the party selects its candidate, and he takes his position on each of these questions. On all but one his positions have already been indorsed at former elections, and his party fully committed to them; but that one is new, and a large portion of them are against it. But what are they to do? The whole are strung together, and they must take all or reject all. They can not take what they like and leave the rest. What they are already committed to, being the majority, they shut their eyes and gulp the whole. Next election, still another is introduced in the same way. If we run our eyes along the line of the past, we shall see that almost, if not quite, all the articles of the present Democratic creed have been at first forced upon the party in this very way. And just now, and just so, opposition to internal improvements is to be established if Gen. Cass shall be elected. Almost half the Democrats here are for improvements, but they will vote for Cass, and if he succeeds, their votes will have aided in closing the doors against improvements. Now, this is a process which we think is wrong. We prefer a candidate who, like Gen. Taylor, will allow the people to have their own way regardless of his private opinion; and I should think the internal-improvement Democrats at least, ought to prefer such a candidate. He would force nothing on them which they don’t want, and he would allow them to have improvements, which their own candidate, if elected, will not.
“Mr. Speaker, I have said Gen. Taylor’s position is as well defined as is that of Gen. Cass. In saying this, I admit I do not certainly know what he would do on the Wilmot proviso. I am a Northern man, or, rather, a Western free State man, with a constituency I believe to be, and with personal feelings I know to be, against the extension of slavery. As such, and with what information I have, I hope, and believe, Gen. Taylor, if elected, would not veto the proviso; but I do not know it. Yet, if I knew he would, I still would vote for him. I should do so, because, in my judgment, his election alone can defeat Gen. Cass; and because, should slavery thereby go into the territory we now have, just so much will certainly happen by the election of Cass; and, in addition, a course of policy leading to new wars, new acquisitions of territory, and still further extensions of slavery. One of the two is to be President; which is preferable?
“But there is as much doubt of Cass on improvements as there is of Taylor on the proviso. I have no doubt myself of Gen. Cass on this question, but I know the Democrats differ among themselves as to his position. My internal improvement colleague (Mr. Wentworth) stated on this floor the other day, that he was satisfied Cass was for improvements, because he had voted for all the bills that he (Mr. W.) had. So far so good. But Mr. Polk vetoed some of these very bills; the Baltimore Convention passed a set of resolutions, among other things, approving these vetoes, and Cass declares, in his letter accepting the nomination, that he has carefully read these resolutions, and that he adheres to them as firmly as he approves them cordially. In other words, Gen. Cass voted for the bills, and thinks the President did right to veto them; and his friends here are amiable enough to consider him as being on one side or the other, just as one or the other may correspond with their own respective inclinations. My colleague admits that the platform declares against the Constitutionality of a general system of improvement, and that Gen. Cass indorses the platform; but he still thinks Gen. Cass is in favor of some sort of improvements. Well, what are they? As he is against general objects, those he is for, must be particular and local. Now, this is taking the subject precisely by the wrong end. Particularity—expending the money of the whole people for an object which will benefit only a portion of them, is the greatest real objection to improvements, and has been so held by Gen. Jackson, Mr. Polk, and all others, I believe, till now. But now, behold, the objects most general, nearest free from this objection, are to be rejected, while those most liable to it are to be embraced. To return: I can not help believing that Gen. Cass, when he wrote his letter of acceptance, well understood he was to be claimed by the advocates of both sides of this question, and that he then closed the door against all further expressions of opinion, purposely to retain the benefits of that double position. His subsequent equivocation at Cleveland, to my mind, proves such to have been the case.
“One word more, and I shall have done with this branch of the subject. You Democrats, and your candidate, in the main are in favor of laying down, in advance, a platform—a set of party positions, as a unit; and then of enforcing the people, by every sort of appliance, to ratify them, however unpalatable some of them may be. We, and our candidate, are in favor of making Presidential elections and the legislation of the country distinct matters; so that the people can elect whom they please, and afterward legislate just as they please, without any hindrance, save only so much as may guard against infractions of the Constitution, undue haste, and want of consideration. The difference between us is clear as noonday. That we are right we can not doubt. We hold the true Republican position. In leaving the people’s business in their hands we can not be wrong. We are willing, and even anxious, to go to the people on this issue.
“But I suppose I can not reasonably hope to convince you that we have any principles. The most I can expect is, to assure you that we think we have, and are quite contented with them. The other day, one of the gentlemen from Georgia (Mr. Iverson), an eloquent man, and a man of learning, so far as I can judge, not being learned myself, came down upon us astonishingly. He spoke in what the Baltimore American calls the ‘scathing and withering style.’ At the end of his second severe flash I was struck blind, and found myself feeling with my fingers for an assurance of my continued physical existence. A little of the bone was left, and I gradually revived. He eulogized Mr. Clay in high and beautiful terms, and then declared that we had deserted all our principles, and had turned Henry Clay out, like an old horse, to root. This is terribly severe. It can not be answered by argument; at least, I can not so answer it. I merely wish to ask the gentleman if the Whigs are the only party he can think of, who sometimes turn old horses out to root? Is not a certain Martin Van Buren an old horse which your own party have turned out to root? and is he not rooting a little to your discomfort about now? But in not nominating Mr. Clay, we deserted our principles, you say. Ah! in what? Tell us, ye men of principles what principle we violated? We say you did violate principle in discarding Van Buren, and we can tell you how. You violated the primary, the cardinal, the one great living principle of all Democratic representative government—the principle that the representative is bound to carry out the known will of his constituents. A large majority of the Baltimore Convention of 1844 were, by their constituents, instructed to procure Van Buren’s nomination if they could. In violation, in utter, glaring contempt of this, you rejected him—rejected him, as the gentlemen from New York (Mr. Birdsall), the other day expressly admitted, for availability—that same ‘general availability’ which you charge upon us, and daily chew over here, as something exceedingly odious and unprincipled. But the gentleman from Georgia (Mr. Iverson), gave us a second speech yesterday, all well considered and put down in writing, in which Van Buren was scathed and withered a ‘few’ for his present position and movements. I can not remember the gentlemen’s precise language, but I do remember he put Van Buren down, down, till he got him where he was finally to ‘stink’ and ‘rot.’
“Mr. Speaker, it is no business or inclination of mine to defend Martin Van Buren. In the war of extermination now waging between him and his old admirers, I say, devil take the hindmost—and the foremost. But there is no mistaking the origin of the breach; and if the curse of ‘stinking’ and ‘rotting’ is to fall on the first and greatest violaters of principle in the matter, I disinterestedly suggest, that the gentleman from Georgia and his present co-workers are bound to take it upon themselves.”
Mr. Lincoln then proceeded to speak of the objections against Gen. Taylor as a mere military hero; retorting with effect, by citing the attempt to make out a military record for Gen. Cass; and referring, in a bantering way, to his own services in the Black Hawk war, as already quoted. He then said:
“While I have Gen. Cass in hand, I wish to say a word about his political principles. As a specimen, I take the record of his progress on the Wilmot Proviso. In the Washington Union, of March 2, 1847, there is a report of the speech of Gen. Cass, made the day before in the Senate, on the Wilmot Proviso, during the delivery of which, Mr. Miller, of New Jersey, is reported to have interrupted him as follows, to wit:
“‘Mr. Miller expressed his great surprise at the change in the sentiments of the Senator from Michigan, who had been regarded as the great champion of freedom in the North-west of which he was a distinguished ornament. Last year the Senator from Michigan was understood to be decidedly in favor of the Wilmot Proviso; and, as no reason had been stated for the change, he (Mr. Miller) could not refrain from the expression of his extreme surprise.’
“To this Gen. Cass is reported to have replied as follows, to wit:
“Mr. Cass said, that the course of the Senator from New Jersey was most extraordinary. Last year he (Mr. Cass) should have voted for the proposition had it come up. But circumstances had altogether changed. The honorable Senator then read several passages from the remarks as given above, which he had committed to writing, in order to refute such a charge as that of the Senator from New Jersey.’
“In the ‘remarks above committed to writing,’ is one numbered 4, as follows, to wit:
“‘4th. Legislation would now be wholly imperative, because no territory hereafter to be acquired can be governed without an act of Congress providing for its government. And such an act, on its passage, would open the whole subject, and leave the Congress, called on to pass it, free to exercise its own discretion, entirely uncontrolled by any declaration found in the statute book.’
“In Niles’ Register, vol. 73, page 293, there is a letter of General Cass to A. O. P. Nicholson, of Nashville, Tennessee dated December 24, 1847, from which the following are correct extracts:
“‘The Wilmot Proviso has been before the country some time. It has been repeatedly discussed in Congress, and by the public press. I am strongly impressed with the opinion that a great change has been going on in the public mind upon this subject—in my own as well as others; and that doubts are resolving themselves into convictions, that the principle it involves should be kept out of the National Legislature, and left to the people of the Confederacy in their respective local Governments.
“‘Briefly, then, I am opposed to the exercise of any jurisdiction by Congress over this matter; and I am in favor of leaving the people of any territory which may be hereafter acquired, the right to regulate it themselves, under the general principles of the Constitution. Because,
“‘1. I do not see in the Constitution any grant of the requisite power to Congress; and I am not disposed to extend a doubtful precedent beyond its necessity—the establishment of territorial governments when needed—leaving to the inhabitants all the rights compatible with the relations they bear to the Confederation.’
“These extracts show that, in 1846, General Cass was for the Proviso at once; that, in March, 1847, he was still for it, but not just then; and that in December, 1847, he was against it altogether. This is a true index to the whole man. When the question was raised in 1846, he was in a blustering hurry to take ground for it. He sought to be in advance, and to avoid the uninteresting position of a mere follower, but soon he began to see glimpses of the great Democratic ox-gad waving in his face, and to hear indistinctly, a voice saying, ‘back,’ ‘back, sir,’ ‘back a little.’ He shakes his head and bats his eyes, and blunders back to his position of March, 1847; but still the gad waves, and the voice grows more distinct, and sharper still—‘back, sir!’ ‘back, I say!’ ‘further back!’ and back he goes to the position of December, 1847; at which the gad is still, and the voice soothingly says—‘So!’ ‘Stand still at that.’
“Have no fears, gentlemen, of your candidate; he exactly suits you, and we congratulate you upon it. However much you may be distressed about our candidate, you have all cause to be contented and happy with your own. If elected, he may not maintain all, or even any of his positions previously taken; but he will be sure to do whatever the party exigency, for the time being, may require; and that is precisely what you want. He and Van Buren are the same ‘manner of men;’ and like Van Buren, he will never desert you till you first desert him.”
After referring at some length to extra “charges” of General Cass upon the Treasury, Mr. Lincoln continued:—
“But I have introduced General Cass’s accounts here, chiefly to show the wonderful physical capacities of the man. They show that he not only did the labor of several men at the same time, but that he often did it, at several places many hundred miles apart, at the same time. And at eating, too, his capacities are shown to be quite as wonderful. From October, 1821, to May, 1822, he ate ten rations a day in Michigan, ten rations a day here, in Washington, and nearly five dollar’s worth a day besides, partly on the road between the two places. And then there is an important discovery in his example—the art of being paid for what one eats, instead of having to pay for it. Hereafter, if any nice young man shall owe a bill which he can not pay in any other way, he can just board it out. Mr. Speaker, we have all heard of the animal standing in doubt between two stacks of hay, and starving to death; the like of that would never happen to General Cass. Place the stacks a thousand miles apart, he would stand stock-still, midway between them, and eat them both at once; and the green grass along the line would be apt to suffer some too, at the same time. By all means make him President, gentlemen. He will feed you bounteously—if if—there is any left after he shall have helped himself.
“But as General Taylor, is, par excellence, the hero of the Mexican war; and, as you Democrats say we Whigs have always opposed the war, you think it must be very awkward and embarrassing for us to go for General Taylor. The declaration that we have always opposed the war, is true or false accordingly as one may understand the term ‘opposing the war.’ If to say ‘the war was unnecessarily and unconstitutionally commenced by the President,’ be opposing the war, then the Whigs have very generally opposed it. Whenever they have spoken at all, they have said this; and they have said it on what has appeared good reason to them: The marching an army into the midst of a peaceful Mexican settlement, frightening the inhabitants away, leaving their growing crops and other property to destruction, to you may appear a perfectly amiable, peaceful, unprovoking procedure; but it does not appear so to us. So to call such an act, to us appears no other than a naked, impudent absurdity, and we speak of it accordingly. But if, when the war had begun, and had become the cause of the country, the giving of our money and our blood, in common with yours, was support of the war, then it is not true that we have always opposed the war. With few individual exceptions, you have constantly had our votes here for all the necessary supplies. And, more than this, you have had the services, the blood, and the lives of our political brethren in every trial, and on every field. The beardless boy and the mature man—the humble and the distinguished, you have had them. Through suffering and death, by disease and in battle, they have endured, and fought, and fallen with you. Clay and Webster each gave a son, never to be returned. From the State of my own residence, besides other worthy but less known Whig names, we sent Marshall, Morrison, Baker, and Hardin; they all fought, and one fell, and in the fall of that one, we lost our best Whig man. Nor were the Whigs few in number, or laggard in the day of danger. In that fearful, bloody, breathless struggle at Buena Vista, where each man’s hard task was to beat back five foes, or die himself, of the five high officers who perished, four were Whigs.
“In speaking of this, I mean no odious comparison between the lion-hearted Whigs and Democrats who fought there. On other occasions, and among the lower officers and privates on that occasion, I doubt not the proportion was different. I wish to do justice to all. I think of all those brave men as Americans, in whose proud fame, as an American, I too have a share. Many of them, Whigs and Democrats, are my constituents and personal friends; and I thank them—more than thank them—one and all, for the high, imperishable honor they have conferred on our common State.
“But the distinction between the cause of the President in beginning the war, and the cause of the country after it was begun, is a distinction which you can not perceive. To you, the President and the country seem to be all one. You are interested to see no distinction between them; and I venture to suggest that possibly your interest blinds you a little. We see the distinction, as we think, clearly enough; and our friends, who have fought in the war, have no difficulty in seeing it also. What those who have fallen would say, were they alive and here, of course we can never know; but with those who have returned there is no difficulty. Colonel Haskell and Major Gaines, members here, both fought in the war; and one of them underwent extraordinary perils and hardships; still they, like all other Whigs here, vote on the record that the war was unnecessarily and unconstitutionally commenced by the President. And even General Taylor himself, the noblest Roman of them all, has declared that, as a citizen, and particularly as a soldier, it is sufficient for him to know that his country is at war with a foreign nation, to do all in his power to bring it to a speedy and honorable termination, by the most vigorous and energetic operations, without inquiring about its justice, or any thing else connected with it.
“Mr. Speaker, let our Democratic friends be comforted with the assurance that we are content with our position, content with our company, and content with our candidate; and that although they, in their generous sympathy, think we ought to be miserable, we really are not, and that they may dismiss the great anxiety they have on our account.”
*****
SPEECH IN REPLY TO MR. DOUGLAS, ON KANSAS, THE DRED SCOTT DECISION, AND THE UTAH QUESTION.
(Delivered at Springfield, Ill., June 26, 1857.)
“Fellow-Citizens:—I am here, to-night, partly by the invitation of some of you, and partly by my own inclination. Two weeks ago Judge Douglas spoke here, on the several subjects of Kansas, the Dred Scott decision, and Utah. I listened to the speech at the time, and have read the report of it since. It was intended to controvert opinions which I think just, and to assail (politically, not personally) those men who, in common with me, entertain those opinions. For this reason I wished then, and still wish to make some answer to it which I now take the opportunity of doing.
“I begin with Utah. If it prove to be true, as is probable, that the people of Utah are in open rebellion against the United States, then Judge Douglas is in favor of repealing their territorial organization, and attaching them to the adjoining States for judicial purposes. I say, too, if they are in rebellion, they ought to be somehow coerced to obedience; and I am not now prepared to admit or deny, that the Judge’s mode of coercing them is not as good as any. The Republicans can fall in with it, without taking back any thing they have ever said. To be sure, it would be a considerable backing down by Judge Douglas, from his much vaunted doctrine of self-government for the territories; but this is only additional proof of what was very plain from the beginning, that that doctrine was a mere deceitful pretence for the benefit of slavery. Those who could not see that much in the Nebraska act itself, which forced Governors, and Secretaries, and Judges on the people of the territories, without their choice or consent, could not be made to see, though one should rise from the dead.
“But in all this, it is very plain the Judge evades the only question the Republicans have ever pressed upon the Democracy in regard to Utah. That question the Judge well knew to be this: ‘If the people of Utah shall peacefully form a State Constitution tolerating polygamy, will the Democracy admit them into the Union?’ There is nothing in the United States Constitution or law against polygamy; and why is it not a part of the Judge’s ‘sacred right of self-government’ for the people to have it, or rather to keep it, if they choose? These questions, so far as I know, the Judge never answers. It might involve the Democracy to answer them either way and they go unanswered.
“As to Kansas. The substance of the Judge’s speech on Kansas, is an effort to put the Free State men in the wrong for not voting at the election of delegates to the Constitutional Convention. He says: ‘There is every reason to hope and believe that the law will be fairly interpreted and impartially executed, so as to insure to every bona fide inhabitant the free and quiet exercise of the elective franchise.’
“It appears extraordinary that Judge Douglas should make such a statement. He knows that, by the law, no one can vote who has not been registered; and he knows that the Free State men place their refusal to vote on the ground that but few of them have been registered. It is possible this is not true, but Judge Douglas knows it is asserted to be true in letters, newspapers, and public speeches, and borne by every mail, and blown by every breeze to the eyes and ears of the world. He knows it is boldly declared, that the people of many whole counties, and many whole neighborhoods in others, are left unregistered; yet he does not venture to contradict the declaration, or to point out how they can vote without being registered; but he just slips along, not seeming to know there is any such question of fact, and complacently declares, ‘There is every reason to hope and believe that the law will be fairly and impartially executed, so as to insure to every bona fide inhabitant the free and quiet exercise of the elective franchise.’
“I readily agree that if all had a chance to vote, they ought to have voted. If, on the contrary, as they allege, and Judge Douglas ventures not particularly to contradict, few only of the Free State men had a chance to vote, they were perfectly right in staying from the polls in a body.
“By the way, since the Judge spoke, the Kansas election has come off. The Judge expressed his confidence that all the Democrats in Kansas would do their duty—including ‘Free State Democrats’ of course. The returns received here, as yet, are very incomplete; but, so far as they go, they indicate that only about one-sixth of the registered voters, have really voted; and this, too, when not more, perhaps, than one-half of the rightful voters have been registered, thus showing the thing to have been altogether the most exquisite farce ever enacted. I am watching with considerable interest, to ascertain what figure ‘the Free State Democrats’ cut in the concern. Of course they voted—all Democrats do their duty—and of course they did not vote for Slave State candidates. We soon shall know how many delegates they elected, how many candidates they have pledged to a free State, and how many votes were cast for them.
“Allow me to barely whisper my suspicion, that there were no such things in Kansas as ‘Free State Democrats’—that they were altogether mythical, good only to figure in newspapers and speeches in the free States. If there should prove to be one real, living free State Democrat in Kansas, I suggest that it might be well to catch him, and stuff and preserve his skin, as an interesting specimen of that soon to be extinct variety of the genus Democrat.
“And now, as to the Dred Scott decision. That decision declares two propositions—first, that a negro cannot sue in the United States Courts; and secondly, that Congress can not prohibit slavery in the Territories. It was made by a divided court—dividing differently on the different points. Judge Douglas does not discuss the merits of the decision, and in that respect, I shall follow his example, believing I could no more improve upon McLean and Curtis, than he could on Taney.
“He denounces all who question the correctness of that decision, as offering violent resistance to it. But who resists it? Who has, in spite of the decision, declared Dred Scott free, and resisted the authority of his master over him?
“Judicial decisions have two uses—first, to absolutely determine the case decided; and secondly to indicate to the public how other similar cases will be decided when they arise. For the latter use, they are called ‘precedents’ and ‘authorities.’
“We believe as much as Judge Douglas (perhaps more) in obedience to, and respect for the judicial department of Government. We think its decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country subject to be disturbed only by amendments of the Constitution, as provided in that instrument itself. More than this would be revolution. But we think the Dred Scott decision is erroneous. We know the court that made it has often overruled its own decisions, and we shall do what we can to have it overrule this. We offer no resistance to it.
“Judicial decisions are of greater or less authority as precedents, according to circumstances. That this should be so, accords both with common sense, and the customary understanding of the legal profession.
“If this important decision had been made by the unanimous concurrence of the judges, and without any apparent partisan bias, and in accordance with legal public expectation, and with the steady practice of the departments, throughout our history, and had been in no part based on assumed historical facts which are not really true; or, if wanting in some of these, it had been before the court more than once, and had there been affirmed and re-affirmed through a course of years, it then might be, perhaps would be, factious, nay, even revolutionary, not to acquiesce in it as a precedent.
“But when, as is true, we find it wanting in all these claims to the public confidence, it is not resistance, it is not factious, it is not even disrespectful, to treat it as not having yet quite established a settled doctrine for the country. But Judge Douglas considers this view awful. Hear him:
“‘The courts are the tribunals prescribed by the Constitution and created by the authority of the people to determine, expound, and enforce the law. Hence, whoever resists the final decision of the highest judicial tribunal, aims a deadly blow to our whole Republican system of government—a blow which, if successful, would place all our rights and liberties at the mercy of passion, anarchy and violence. I repeat, therefore, that if resistance to the decisions of the Supreme Court of the United States, in a matter like the points decided in the Dred Scott case, clearly within their jurisdiction as defined by the Constitution, shall be forced upon the country as a political issue, it will become a distinct and naked issue between the friends and enemies of the Constitution—the friends and enemies of the supremacy of the laws.’
“Why, this same Supreme Court once decided a national bank to be Constitutional; but General Jackson, as President of the United States, disregarded the decision, and vetoed a bill for a re-charter, partly on Constitutional ground, declaring that each public functionary must support the Constitution, ‘as he understands it.’ But hear the General’s own words. Here they are, taken from his veto message:
“‘It is maintained by the advocates of the bank, that its Constitutionality, in all its features, ought to be considered as settled by precedent, and by the decision of the Supreme Court. To this conclusion I can not assent. Mere precedent is a dangerous source of authority, and should not be regarded as deciding questions of Constitutional power, except where the acquiescence of the people and the States can be considered as well settled. So far from this being the case on this subject, an argument against the bank might be based on precedent. One Congress, in 1791, decided in favor of a bank; another, in 1811, decided against it. One Congress, in 1815, decided against a bank; another, in 1816, decided in its favor. Prior to the present Congress, therefore, the precedents drawn from that source were equal. If we resort to the States, the expression of legislative, judicial, and executive opinions against the bank have been probably to those in its favor as four to one. There is nothing in precedent, therefore, which, if its authority were admitted, ought to weigh in favor of the act before me.’
“I drop the quotations merely to remark, that all there ever was, in the way of precedent up to the Dred Scott decision, on the points therein decided, had been against that decision. But hear General Jackson further:
“‘If the opinion of the Supreme Court covered the whole ground of this act, it ought not to control the co-ordinate authorities of this Government. The Congress, the Executive and the Court, must each for itself be guided by its own opinion of the Constitution. Each public officer, who takes an oath to support the Constitution, swears that he will support it as he understands it, and not as it is understood by others.’
“Again and again have I heard Judge Douglas denounce that bank decision, and applaud General Jackson for disregarding it. It would be interesting for him to look over his recent speech, and see how exactly his fierce philippics against us for resisting Supreme Court decisions, fall upon his own head. It will call to mind a long and fierce political war in this country, upon an issue which, in his own language, and, of course, in his own changeless estimation, was ‘a distinct issue between the friends and the enemies of the Constitution,’ and in which war he fought in the ranks of the enemies of the Constitution.