The United States Grand Jury at Springfield invited him to address
the people of that city on the questions of the time. He spoke on
the 12th of June, 1857, to a large and enthusiastic audience. He
assured the people that he cordially accepted the decision and that
it was in perfect harmony with his favorite doctrine of squatter
sovereignty. The master's right to his slave in the Territories
he admitted was guaranteed by the Constitution and neither Congress
nor the legislature could interfere with it; yet practically this
right was worthless unless sustained, protected and enforced by
appropriate police regulations and local legislation prescribing
adequate remedies for its violation. These regulations and remedies
must depend entirely upon the will and wishes of the people
of the Territory, as they could only be prescribed by the local
legislature. Hence, the great principle of popular sovereignty
and self-government was sustained and firmly established by the
authority of the decision.
Perhaps, as pointed out by a recent historian, it would have
been wiser for Douglas to have planted himself on the sound legal
proposition that the only question decided by the Court was that
it had no jurisdiction of the cause and that everything in the
opinion beyond this was mere obiter dicta determining nothing.
But it was no easy matter for a politician in 1857 to explain to a
popular audience that a small fraction of the opinion of the highest
Court was binding, while the remainder was merely the private
opinion of the Judges on a matter not before them. Had Douglas been
defending his opinions before a bench of trained jurists he might
have safely rested his case on this sound but technical rule. He
afterwards did so justify his opinions in the Senate. An experience
politician determined to carry a popular election in a dangerous
crisis might well hesitate to attempt so doubtful an experiment.
History would have less temptation to call him a demagogue had he
pursued that course. But we may well doubt whether, considered as
a problem of practical politics, he was not wise in depending on
his ingenious sophistry, rather than on this sound legal proposition.
Two weeks after his speech Lincoln addressed the people of Springfield
in reply, pointing out the fallacy of Douglas' chief argument. But
Lincoln was still an obscure lawyer; Douglas was the omnipotent
Senator whose ipse dixit was final and carried conviction to the
uncritical multitude.
Chapter XI. Popular Sovereignty in Congress.
While the Supreme Court was dedicating the Territories to slavery
and Douglas was preaching local nullification, anarchy continued
its delirious dance in Kansas. Guerilla warfare continued to vex
the Territory as with unconscious humor the settlers illustrated
the doctrine of popular sovereignty in practical operation.
Public-domain text, read in full here on John Shaqi.
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