But Douglas says that he is unalterably opposed to the repeal of those laws because, in his view, it is a compromise of the Constitution. You Kentuckians, no doubt, are somewhat offended with that. You ought not to be! You ought to be patient! You ought to know that if he said less than that, he would lose the power of "lugging" the Northern States to your support. Really, what you would push him to do would take from him his entire power to serve you. And you ought to remember how long, by precedent, Judge Douglas holds himself obliged to stick by compromises. You ought to remember that by the time you yourselves think you are ready to inaugurate measures for the revival of the African slave trade, that sufficient time will have arrived, by precedent, for Judge Douglas to break through, that compromise. He says now nothing more strong than he said in 1849 when he declared in favor of Missouri Compromise,--and precisely four years and a quarter after he declared that Compromise to be a sacred thing, which "no ruthless hand would ever daze to touch," he himself brought forward the measure ruthlessly to destroy it. By a mere calculation of time it will only be four years more until he is ready to take back his profession about the sacredness of the Compromise abolishing the slave trade. Precisely as soon as you are ready to have his services in that direction, by fair calculation, you may be sure of having them.
But you remember and set down to Judge Douglas's debt, or discredit, that he, last year, said the people of Territories can, in spite of the Dred Scott decision, exclude your slaves from those Territories; that he declared, by "unfriendly legislation" the extension of your property into the new Territories may be cut off, in the teeth of the decision of the Supreme Court of the United States.
He assumed that position at Freeport on the 27th of August, 1858. He said that the people of the Territories can exclude slavery, in so many words: You ought, however, to bear in mind that he has never said it since. You may hunt in every speech that he has since made, and he has never used that expression once. He has never seemed to notice that he is stating his views differently from what he did then; but by some sort of accident, he has always really stated it differently. He has always since then declared that "the Constitution does not carry slavery into the Territories of the United States beyond the power of the people legally to control it, as other property." Now, there is a difference in the language used upon that former occasion and in this latter day. There may or may not be a difference in the meaning, but it is worth while considering whether there is not also a difference in meaning.
What is it to exclude? Why, it is to drive it out. It is in some way to put it out of the Territory. It is to force it across the line, or change its character so that, as property, it is out of existence. But what is the controlling of it "as other property"?
Is controlling it as other property the same thing as destroying it, or driving it away? I should think not. I should think the controlling of it as other property would be just about what you in Kentucky should want. I understand the controlling of property means the controlling of it for the benefit of the owner of it. While I have no doubt the Supreme Court of the United States would say "God speed" to any of the Territorial Legislatures that should thus control slave property, they would sing quite a different tune if, by the pretence of controlling it, they were to undertake to pass laws which virtually excluded it,--and that upon a very well known principle to all lawyers, that what a Legislature cannot directly do, it cannot do by indirection; that as the Legislature has not the power to drive slaves out, they have no power, by indirection, by tax, or by imposing burdens in any way on that property, to effect the same end, and that any attempt to do so would be held by the Dred Scott court unconstitutional.
Douglas is not willing to stand by his first proposition that they can exclude it, because we have seen that that proposition amounts to nothing more nor less than the naked absurdity that you may lawfully drive out that which has a lawful right to remain. He admitted at first that the slave might be lawfully taken into the Territories under the Constitution of the United States, and yet asserted that he might be lawfully driven out. That being the proposition, it is the absurdity I have stated. He is not willing to stand in the face of that direct, naked, and impudent absurdity; he has, therefore, modified his language into that of being "controlled as other property."
The Kentuckians don't like this in Douglas! I will tell you where it will go. He now swears by the court. He was once a leading man in Illinois to break down a court, because it had made a decision he did not like. But he now not only swears by the court, the courts having got to working for you, but he denounces all men that do not swear by the courts, as unpatriotic, as bad citizens. When one of these acts of unfriendly legislation shall impose such heavy burdens as to, in effect, destroy property in slaves in a Territory, and show plainly enough that there can be no mistake in the purpose of the Legislature to make them so burdensome, this same Supreme Court will decide that law to be unconstitutional, and he will be ready to say for your benefit "I swear by the court; I give it up"; and while that is going on he has been getting all his men to swear by the courts, and to give it up with him. In this again he serves you faithfully, and, as I say, more wisely than you serve yourselves.