do not know; but I know that in his speech at Springfield
he spoke of it as a thing they had not decided yet;
and in his answer to me at Freeport, he spoke of it,
so far, again, as I can comprehend it, as a thing
that had not yet been decided. Now, I hold that
if the Judge does entertain that view, I think that
he is not mistaken in so far as it can be said that
the court has not decided anything save the mere question
of jurisdiction. I know the legal arguments that
can be made,—that after a court has decided
that it cannot take jurisdiction in a case, it then
has decided all that is before it, and that is the
end of it. A plausible argument can be made in
favor of that proposition; but I know that Judge Douglas
has said in one of his speeches that the court went
forward, like honest men as they were, and decided
all the points in the case. If any points are
really extra-judicially decided, because not necessarily
before them, then this one as to the power of the
Territorial Legislature, to exclude slavery is one
of them, as also the one that the Missouri Compromise
was null and void. They are both extra-judicial,
or neither is, according as the court held that they
had no jurisdiction in the case between the parties,
because of want of capacity of one party to maintain
a suit in that court. I want, if I have sufficient
time, to show that the court did pass its opinion;
but that is the only thing actually done in the case.
If they did not decide, they showed what they were
ready to decide whenever the matter was before them.
What is that opinion? After having argued that
Congress had no power to pass a law excluding slavery
from a United States Territory, they then used language
to this effect: That inasmuch as Congress itself
could not exercise such a power, it followed as a
matter of course that it could not authorize a Territorial
government to exercise it; for the Territorial Legislature
can do no more than Congress could do. Thus it
expressed its opinion emphatically against the power
of a Territorial Legislature to exclude slavery, leaving
us in just as little doubt on that point as upon any
other point they really decided.
Now, my fellow-citizens, I will detain you only a
little while longer; my time is nearly out. I
find a report of a speech made by Judge Douglas at
Joliet, since we last met at Freeport,—published,
I believe, in the Missouri Republican, on the 9th
of this month, in which Judge Douglas says:
“You know at Ottawa I read this platform, and
asked him if he concurred in each and all of the principles
set forth in it. He would not answer these questions.
At last I said frankly, I wish you to answer them,
because when I get them up here where the color of
your principles are a little darker than in Egypt,
I intend to trot you down to Jonesboro. The very
notice that I was going to take him down to Egypt made
him tremble in his knees so that he had to be carried
from the platform. He laid up seven days, and
in the meantime held a consultation with his political
physicians; they had Lovejoy and Farnsworth and all
the leaders of the Abolition party, they consulted
it all over, and at last Lincoln came to the conclusion
that he would answer, so he came up to Freeport last
Friday.”