The Papers And Writings Of Abraham Lincoln — Volume 2: 1843-1858

In the fall of 1848 the gold-mines were discovered in California. This attracted people to it with unprecedented rapidity, so that on, or soon after, the meeting of the new Congress in December, 1849, she already had a population of nearly a hundred thousand, had called a convention, formed a State constitution excluding slavery, and was knocking for admission into the Union. The proviso men, of course, were for letting her in, but the Senate, always true to the other side, would not consent to her admission, and there California stood, kept out of the Union because she would not let slavery into her borders. Under all the circumstances, perhaps, this was not wrong. There were other points of dispute connected with the general question of Slavery, which equally needed adjustment. The South clamored for a more efficient fugitive slave law. The North clamored for the abolition of a peculiar species of slave trade in the District of Columbia, in connection with which, in view from the windows of the Capitol, a sort of negro livery-stable, where droves of negroes were collected, temporarily kept, and finally taken to Southern markets, precisely like droves of horses, had been openly maintained for fifty years. Utah and New Mexico needed territorial governments; and whether slavery should or should not be prohibited within them was another question. The indefinite western boundary of Texas was to be settled. She was a slave State, and consequently the farther west the slavery men could push her boundary, the more slave country they secured; and the farther east the slavery opponents could thrust the boundary back, the less slave ground was secured. Thus this was just as clearly a slavery question as any of the others.

These points all needed adjustment, and they were held up, perhaps wisely, to make them help adjust one another. The Union now, as in 1820, was thought to be in danger, and devotion to the Union rightfully inclined men to yield somewhat in points where nothing else could have so inclined them. A compromise was finally effected. The South got their new fugitive slave law, and the North got California, (by far the best part of our acquisition from Mexico) as a free State. The South got a provision that New Mexico and Utah, when admitted as States, may come in with or without slavery as they may then choose; and the North got the slave trade abolished in the District of Columbia.. The North got the western boundary of Texas thrown farther back eastward than the South desired; but, in turn, they gave Texas ten millions of dollars with which to pay her old debts. This is the Compromise of 1850.

Preceding the Presidential election of 1852, each of the great political parties, Democrats and Whigs, met in convention and adopted resolutions indorsing the Compromise of '50, as a "finality," a final settlement, so far as these parties could make it so, of all slavery agitation. Previous to this, in 1851, the Illinois Legislature had indorsed it.

During this long period of time, Nebraska (the Nebraska Territory, not the State of as we know it now) had remained substantially an uninhabited country, but now emigration to and settlement within it began to take place. It is about one third as large as the present United States, and its importance, so long overlooked, begins to come into view. The restriction of slavery by the Missouri Compromise directly applies to it — in fact was first made, and has since been maintained expressly for it. In 1853, a bill to give it a territorial government passed the House of Representatives, and, in the hands of Judge Douglas, failed of passing only for want of time. This bill contained no repeal of the Missouri Compromise. Indeed, when it was assailed because it did not contain such repeal, Judge Douglas defended it in its existing form. On January 4, 1854, Judge Douglas introduces a new bill to give Nebraska territorial government. He accompanies this bill with a report, in which last he expressly recommends that the Missouri Compromise shall neither be affirmed nor repealed. Before long the bill is so modified as to make two territories instead of one, calling the southern one Kansas.

Also, about a month after the introduction of the bill, on the Judge's own motion it is so amended as to declare the Missouri Compromise inoperative and void; and, substantially, that the people who go and settle there may establish slavery, or exclude it, as they may see fit. In this shape the bill passed both branches of Congress and became a law.

This is the repeal of the Missouri Compromise. The foregoing history may not be precisely accurate in every particular, but I am sure it is sufficiently so for all the use I shall attempt to make of it, and in it we have before us the chief material enabling us to judge correctly whether the repeal of the Missouri Compromise is right or wrong. I think, and shall try to show, that it is wrong — wrong in its direct effect, letting slavery into Kansas and Nebraska, and wrong in its prospective principle, allowing it to spread to every other part of the wide world where men can be found inclined to take it.

This declared indifference, but, as I must think, covert real zeal, for the spread of slavery, I cannot but hate. I hate it because of the monstrous injustice of slavery itself. I hate it because it deprives our republican example of its just influence in the world; enables the enemies of free institutions with plausibility to taunt us as hypocrites; causes the real friends of freedom to doubt our sincerity; and especially because it forces so many good men among ourselves into an open war with the very fundamental principles of civil liberty, criticizing the Declaration of Independence, and insisting that there is no right principle of action but self-interest.

Before proceeding let me say that I think I have no prejudice against the Southern people. They are just what we would be in their situation. If slavery did not now exist among them, they would not introduce it. If it did now exist among us, we should not instantly give it up. This I believe of the masses North and South. Doubtless there are individuals on both sides who would not hold slaves under any circumstances, and others who would gladly introduce slavery anew if it were out of existence. We know that some Southern men do free their slaves, go North and become tip-top abolitionists, while some Northern ones go South and become most cruel slave masters.

When Southern people tell us that they are no more responsible for the origin of slavery than we are, I acknowledge the fact. When it is said that the institution exists, and that it is very difficult to get rid of it in any satisfactory way, I can understand and appreciate the saying. I surely will not blame them for not doing what I should not know how to do myself. If all earthly power were given me, I should not know what to do as to the existing institution. My first impulse would be to free all the slaves, and send them to Liberia, to their own native land. But a moment's reflection would convince me that whatever of high hope (as I think there is) there may be in this in the long run, its sudden execution is impossible. If they were all landed there in a day, they would all perish in the next ten days; and there are not surplus shipping and surplus money enough to carry them there in many times ten days. What then? Free them all, and keep them among us as underlings? Is it quite certain that this betters their condition? I think I would not hold one in slavery at any rate, yet the point is not clear enough for me to denounce people upon. What next? Free them, and make them politically and socially our equals? My own feelings will not admit of this, and if mine would, we well know that those of the great mass of whites will not. Whether this feeling accords with justice and sound judgment is not the sole question, if indeed it is any part of it. A universal feeling, whether well or ill founded, cannot be safely disregarded. We cannot then make them equals. It does seem to me that systems of gradual emancipation might be adopted, but for their tardiness in this I will not undertake to judge our brethren of the South.

When they remind us of their constitutional rights, I acknowledge them — not grudgingly, but fully and fairly; and I would give them any legislation for the reclaiming of their fugitives which should not in its stringency be more likely to carry a free man into slavery than our ordinary criminal laws are to hang an innocent one.

But all this, to my judgment, furnishes no more excuse for permitting slavery to go into our own free territory than it would for reviving the African slave trade by law. The law which forbids the bringing of slaves from Africa, and that which has so long forbidden the taking of them into Nebraska, can hardy be distinguished on any moral principle, and the repeal of the former could find quite as plausible excuses as that of the latter.

The arguments by which the repeal of the Missouri Compromise is sought to be justified are these:

First. That the Nebraska country needed a territorial government.

Second. That in various ways the public had repudiated that compromise and demanded the repeal, and therefore should not now complain of it.

And, lastly, That the repeal establishes a principle which is intrinsically right.

I will attempt an answer to each of them in its turn.

First, then: If that country was in need of a territorial organization, could it not have had it as well without as with a repeal? Iowa and Minnesota, to both of which the Missouri restriction applied, had, without its repeal, each in succession, territorial organizations. And even the year before, a bill for Nebraska itself was within an ace of passing without the repealing clause, and this in the hands of the same men who are now the champions of repeal. Why no necessity then for repeal? But still later, when this very bill was first brought in, it contained no repeal. But, say they, because the people had demanded, or rather commanded, the repeal, the repeal was to accompany the organization whenever that should occur.

Now, I deny that the public ever demanded any such thing — ever repudiated the Missouri Compromise, ever commanded its repeal. I deny it, and call for the proof. It is not contended, I believe, that any such command has ever been given in express terms. It is only said that it was done in principle. The support of the Wilmot Proviso is the first fact mentioned to prove that the Missouri restriction was repudiated in principle, and the second is the refusal to extend the Missouri line over the country acquired from Mexico. These are near enough alike to be treated together. The one was to exclude the chances of slavery from the whole new acquisition by the lump, and the other was to reject a division of it, by which one half was to be given up to those chances. Now, whether this was a repudiation of the Missouri line in principle depends upon whether the Missouri law contained any principle requiring the line to be extended over the country acquired from Mexico. I contend it did not. I insist that it contained no general principle, but that it was, in every sense, specific. That its terms limit it to the country purchased from France is undenied and undeniable. It could have no principle beyond the intention of those who made it. They did not intend to extend the line to country which they did not own. If they intended to extend it in the event of acquiring additional territory, why did they not say so? It was just as easy to say that "in all the country west of the Mississippi which we now own, or may hereafter acquire, there shall never be slavery," as to say what they did say; and they would have said it if they had meant it. An intention to extend the law is not only not mentioned in the law, but is not mentioned in any contemporaneous history. Both the law itself, and the history of the times, are a blank as to any principle of extension; and by neither the known rules of construing statutes and contracts, nor by common sense, can any such principle be inferred.

Another fact showing the specific character of the Missouri law — showing that it intended no more than it expressed, showing that the line was not intended as a universal dividing line between Free and Slave territory, present and prospective, north of which slavery could never go — is the fact that by that very law Missouri came in as a slave State, north of the line. If that law contained any prospective principle, the whole law must be looked to in order to ascertain what the principle was. And by this rule the South could fairly contend that, inasmuch as they got one slave State north of the line at the inception of the law, they have the right to have another given them north of it occasionally, now and then, in the indefinite westward extension of the line. This demonstrates the absurdity of attempting to deduce a prospective principle from the Missouri Compromise line.

When we voted for the Wilmot Proviso we were voting to keep slavery out of the whole Mexican acquisition, and little did we think we were thereby voting to let it into Nebraska lying several hundred miles distant. When we voted against extending the Missouri line, little did we think we were voting to destroy the old line, then of near thirty years' standing.

To argue that we thus repudiated the Missouri Compromise is no less absurd than it would be to argue that because we have so far forborne to acquire Cuba, we have thereby, in principle, repudiated our former acquisitions and determined to throw them out of the Union. No less absurd than it would be to say that because I may have refused to build an addition to my house, I thereby have decided to destroy the existing house! And if I catch you setting fire to my house, you will turn upon me and say I instructed you to do it!

The most conclusive argument, however, that while for the Wilmot Proviso, and while voting against the extension of the Missouri line, we never thought of disturbing the original Missouri Compromise, is found in the fact that there was then, and still is, an unorganized tract of fine country, nearly as large as the State of Missouri, lying immediately west of Arkansas and south of the Missouri Compromise line, and that we never attempted to prohibit slavery as to it. I wish particular attention to this. It adjoins the original Missouri Compromise line by its northern boundary, and consequently is part of the country into which by implication slavery was permitted to go by that compromise. There it has lain open ever s, and there it still lies, and yet no effort has been made at any time to wrest it from the South. In all our struggles to prohibit slavery within our Mexican acquisitions, we never so much as lifted a finger to prohibit it as to this tract. Is not this entirely conclusive that at all times we have held the Missouri Compromise as a sacred thing, even when against ourselves as well as when for us?

Senator Douglas sometimes says the Missouri line itself was in principle only an extension of the line of the Ordinance of '87 — that is to say, an extension of the Ohio River. I think this is weak enough on its face. I will remark, however, that, as a glance at the map will show, the Missouri line is a long way farther south than the Ohio, and that if our Senator in proposing his extension had stuck to the principle of jogging southward, perhaps it might not have been voted down so readily.

But next it is said that the compromises of '50, and the ratification of them by both political parties in '52, established a new principle which required the repeal of the Missouri Compromise. This again I deny. I deny it, and demand the proof. I have already stated fully what the compromises of '50 are. That particular part of those measures from which the virtual repeal of the Missouri Compromise is sought to be inferred (for it is admitted they contain nothing about it in express terms) is the provision in the Utah and New Mexico laws which permits them when they seek admission into the Union as States to come in with or without slavery, as they shall then see fit. Now I insist this provision was made for Utah and New Mexico, and for no other place whatever. It had no more direct reference to Nebraska than it had to the territories of the moon. But, say they, it had reference to Nebraska in principle. Let us see. The North consented to this provision, not because they considered it right in itself, but because they were compensated — paid for it.

They at the same time got California into the Union as a free State. This was far the best part of all they had struggled for by the Wilmot Proviso. They also got the area of slavery somewhat narrowed in the settlement of the boundary of Texas. Also they got the slave trade abolished in the District of Columbia.

For all these desirable objects the North could afford to yield something; and they did yield to the South the Utah and New Mexico provision. I do not mean that the whole North, or even a majority, yielded, when the law passed; but enough yielded — when added to the vote of the South, to carry the measure. Nor can it be pretended that the principle of this arrangement requires us to permit the same provision to be applied to Nebraska, without any equivalent at all. Give us another free State; press the boundary of Texas still farther back; give us another step toward the destruction of slavery in the District, and you present us a similar case. But ask us not to repeat, for nothing, what you paid for in the first instance. If you wish the thing again, pay again. That is the principle of the compromises of '50, if, indeed, they had any principles beyond their specific terms — it was the system of equivalents.

Again, if Congress, at that time, intended that all future Territories should, when admitted as States, come in with or without slavery at their own option, why did it not say so? With such a universal provision, all know the bills could not have passed. Did they, then — could they-establish a principle contrary to their own intention? Still further, if they intended to establish the principle that, whenever Congress had control, it should be left to the people to do as they thought fit with slavery, why did they not authorize the people of the District of Columbia, at their option, to abolish slavery within their limits?

I personally know that this has not been left undone because it was unthought of. It was frequently spoken of by members of Congress, and by citizens of Washington, six years ago; and I heard no one express a doubt that a system of gradual emancipation, with compensation to owners, would meet the approbation of a large majority of the white people of the District. But without the action of Congress they could say nothing; and Congress said "No." In the measures of 1850, Congress had the subject of slavery in the District expressly on hand. If they were then establishing the principle of allowing the people to do as they please with slavery, why did they not apply the principle to that people?

Again it is claimed that by the resolutions of the Illinois Legislature, passed in 1851, the repeal of the Missouri Compromise was demanded. This I deny also. Whatever may be worked out by a criticism of the language of those resolutions, the people have never understood them as being any more than an indorsement of the compromises of 1850, and a release of our senators from voting for the Wilmot Proviso. The whole people are living witnesses that this only was their view. Finally, it is asked, "If we did not mean to apply the Utah and New Mexico provision to all future territories, what did we mean when we, in 1852, indorsed the compromises of 1850?"

For myself I can answer this question most easily. I meant not to ask a repeal or modification of the Fugitive Slave law. I meant not to ask for the abolition of slavery in the District of Columbia. I meant not to resist the admission of Utah and New Mexico, even should they ask to come in as slave States. I meant nothing about additional Territories, because, as I understood, we then had no Territory whose character as to slavery was not already settled. As to Nebraska, I regarded its character as being fixed by the Missouri Compromise for thirty years — as unalterably fixed as that of my own home in Illinois. As to new acquisitions, I said, "Sufficient unto the day is the evil thereof." When we make new acquisitions, we will, as heretofore, try to manage them somehow. That is my answer; that is what I meant and said; and I appeal to the people to say each for himself whether that is not also the universal meaning of the free States.

And now, in turn, let me ask a few questions. If, by any or all these matters, the repeal of the Missouri Compromise was commanded, why was not the command sooner obeyed? Why was the repeal omitted in the Nebraska Bill of 1853? Why was it omitted in the original bill of 1854? Why in the accompanying report was such a repeal characterized as a departure from the course pursued in 1850 and its continued omission recommended?

I am aware Judge Douglas now argues that the subsequent express repeal is no substantial alteration of the bill. This argument seems wonderful to me. It is as if one should argue that white and black are not different. He admits, however, that there is a literal change in the bill, and that he made the change in deference to other senators who would not support the bill without. This proves that those other senators thought the change a substantial one, and that the Judge thought their opinions worth deferring to. His own opinions, therefore, seem not to rest on a very firm basis, even in his own mind; and I suppose the world believes, and will continue to believe, that precisely on the substance of that change this whole agitation has arisen.

I conclude, then, that the public never demanded the repeal of the Missouri Compromise.

I now come to consider whether the appeal with its avowed principles, is intrinsically right. I insist that it is not. Take the particular case. A controversy had arisen between the advocates and opponents of slavery, in relation to its establishment within the country we had purchased of France. The southern, and then best, part of the purchase was already in as a slave State. The controversy was settled by also letting Missouri in as a slave State; but with the agreement that within all the remaining part of the purchase, north of a certain line, there should never be slavery. As to what was to be done with the remaining part, south of the line, nothing was said; but perhaps the fair implication was, it should come in with slavery if it should so choose. The southern part, except a portion heretofore mentioned, afterward did come in with slavery, as the State of Arkansas. All these many years, since 1820, the northern part had remained a wilderness. At length settlements began in it also. In due course Iowa came in as a free State, and Minnesota was given a territorial government, without removing the slavery restriction. Finally, the sole remaining part north of the line — Kansas and Nebraska — was to be organized; and it is proposed, and carried, to blot out the old dividing line of thirty-four years' standing, and to open the whole of that country to the introduction of slavery. Now this, to my mind, is manifestly unjust. After an angry and dangerous controversy, the parties made friends by dividing the bone of contention. The one party first appropriates her own share, beyond all power to be disturbed in the possession of it, and then seizes the share of the other party. It is as if two starving men had divided their only loaf, the one had hastily swallowed his half, and then grabbed the other's half just as he was putting it to his mouth.

Let me here drop the main argument, to notice what I consider rather an inferior matter. It is argued that slavery will not go to Kansas and Nebraska, in any event. This is a palliation, a lullaby. I have some hope that it will not; but let us not be too confident. As to climate, a glance at the map shows that there are five slave States — Delaware, Maryland, Virginia, Kentucky, and Missouri, and also the District of Columbia, all north of the Missouri Compromise line. The census returns of 1850 show that within these there are eight hundred and sixty-seven thousand two hundred and seventy-six slaves, being more than one fourth of all the slaves in the nation.

It is not climate, then, that will keep slavery out of these Territories. Is there anything in the peculiar nature of the country? Missouri adjoins these Territories by her entire western boundary, and slavery is already within every one of her western counties. I have even heard it said that there are more slaves in proportion to whites in the northwestern county of Missouri than within any other county in the State. Slavery pressed entirely up to the old western boundary of the State, and when rather recently a part of that boundary at the northwest was moved out a little farther west, slavery followed on quite up to the new line. Now, when the restriction is removed, what is to prevent it from going still farther? Climate will not, no peculiarity of the country will, nothing in nature will. Will the disposition of the people prevent it? Those nearest the scene are all in favor of the extension. The Yankees who are opposed to it may be most flumerous; but, in military phrase, the battlefield is too far from their base of operations.

But it is said there now is no law in Nebraska on the subject of slavery, and that, in such case, taking a slave there operates his freedom. That is good book-law, but it is not the rule of actual practice. Wherever slavery is it has been first introduced without law. The oldest laws we find concerning it are not laws introducing it, but regulating it as an already existing thing. A white man takes his slave to Nebraska now. Who will inform the negro that he is free? Who will take him before court to test the question of his freedom? In ignorance of his legal emancipation he is kept chopping, splitting, and plowing. Others are brought, and move on in the same track. At last, if ever the time for voting comes on the question of slavery the institution already, in fact, exists in the country, and cannot well be removed. The fact of its presence, and the difficulty of its removal, will carry the vote in its favor. Keep it out until a vote is taken, and a vote in favor of it cannot be got in any population of forty thousand on earth, who have been drawn together by the ordinary motives of emigration and settlement. To get slaves into the Territory simultaneously with the whites in the incipient stages of settlement is the precise stake played for and won in this Nebraska measure.

The question is asked us: "If slaves will go in notwithstanding the general principle of law liberates them, why would they not equally go in against positive statute law — go in, even if the Missouri restriction were maintained!" I answer, because it takes a much bolder man to venture in with his property in the latter case than in the former; because the positive Congressional enactment is known to and respected by all, or nearly all, whereas the negative principle that no law is free law is not much known except among lawyers. We have some experience of this practical difference. In spite of the Ordinance of '87, a few negroes were brought into Illinois, and held in a state of quasi-slavery, not enough, however, to carry a vote of the people in favor of the institution when they came to form a constitution. But into the adjoining Missouri country, where there was no Ordinance of '87, — was no restriction, — they were carried ten times, nay, a hundred times, as fast, and actually made a slave State. This is fact-naked fact.

Another lullaby argument is that taking slaves to new countries does not increase their number, does not make any one slave who would otherwise be free. There is some truth in this, and I am glad of it; but it is not wholly true. The African slave trade is not yet effectually suppressed; and, if we make a reasonable deduction for the white people among us who are foreigners and the descendants of foreigners arriving here since 1808, we shall find the increase of the black population outrunning that of the white to an extent unaccountable, except by supposing that some of them, too, have been coming from Africa. If this be so, the opening of new countries to the institution increases the demand for and augments the price of slaves, and so does, in fact, make slaves of freemen, by causing them to be brought from Africa and sold into bondage.

But however this may be, we know the opening of new countries to slavery tends to the perpetuation of the institution, and so does keep men in slavery who would otherwise be free. This result we do not feel like favoring, and we are under no legal obligation to suppress our feelings in this respect.

Equal justice to the South, it is said, requires us to consent to the extension of slavery to new countries. That is to say, inasmuch as you do not object to my taking my hog to Nebraska, therefore I must not object to your taking your slave. Now, I admit that this is perfectly logical if there is no difference between hogs and negroes. But while you thus require me to deny the humanity of the negro, I wish to ask whether you of the South, yourselves, have ever been willing to do as much? It is kindly provided that of all those who come into the world only a small percentage are natural tyrants. That percentage is no larger in the slave States than in the free. The great majority South, as well as North, have human sympathies, of which they can no more divest themselves than they can of their sensibility to physical pain. These sympathies in the bosoms of the Southern people manifest, in many ways, their sense of the wrong of slavery, and their consciousness that, after all, there is humanity in the negro. If they deny this, let me address them a few plain questions. In 1820 you (the South) joined the North, almost unanimously, in declaring the African slave trade piracy, and in annexing to it the punishment of death. Why did you do this? If you did not feel that it was wrong, why did you join in providing that men should be hung for it? The practice was no more than bringing wild negroes from Africa to such as would buy them. But you never thought of hanging men for catching and selling wild horses, wild buffaloes, or wild bears.