Five Mile Beach weekly journal., 1908-07-10
LINCOLN
AS Lawyer
ano Debater
BY WARD HILL LAMoN.
Lincoln's Friend and Bodysuard.


the beginning.
"But so far congress only had acted.
and an Endorsement by the people, real
or apparent, was indispensable to save
the point already gained and give
chance for more. The new year of
1854 found slavery excluded from
more thar half the states by state con-
situations and froTfi most of the ma
tional territory by congressional pro-
hibition Four days later commenced
the struggle which ended In repeating
that congressional prohibition. This
opened all the national territory to
slavery and was the first point gained.
'This necessity had not been over
looked, but had been provided for as
we'll as might be In the notable argu-
ment of 'squatter sovereignty other
wise called sacred right of self gov
ernment.' which latter phrase. though
expressive of the only rightful basis of
any government, was so perverted In
this attempted use of 1t as to amount
to just this-that If any one man
choose to enslave another no third man
shall be allowed to object. That ar
gument was incorporated into the Ne
braska bill itself in the language
which follows: 1T being the true intent
and meaning of this act not to legis-
late slavery into any territory or state
nor exclude 1t therefrom. but to leave
the people thereof perfectly free to
form and regulate their domestic insti-
tutions in their own way, subject only
to the constitution of the United
States
"Then opened the roar of loose dec
lamation in favor of %'squatter soyer-
eighty and sacred right of self gov
eminent
"rBut,' said opposition members, let
us be more specifc-let us amend the
bill SO as to expressly declare that the
people of the territory may exclude
slavery Not we,' said the friends Of
the measure, and down they voted the
amendment.
"While the Nebraska bill was pass
ing through congress a law case in
volving the question of a negro's free
dom by reason of his owner having
voluntarily taken him first into a free
state and then a-territory covered by
the congressional prohibition and held
him as a slave-for a long time in
each-was passing through the United
States circuit court for the district OF
Mfssoufi, anu 56rh II lleDfasSs III
and lawsuit were brought to d decision
in the same month of May, 1864. The
negro's name was bred Scott, which
name now ~designates the decision final
ly made In the case.
Before the then next presidential
election the law case came to and was
argued in the supreme court of the
United States, but the decision of 1t
was deferred until after the election.
Still, before the election Senator Trum-
bull on the floor of the senate requests
the leading advocate of the Nebraska
bill to state his opinion whether a peo-
pie of a territory can constitutionally
exclude slavery from their limits, and
the latter answers, THAT is a question
for the supreme court
"The election came. Mr.. Buchanan
was elected and the Endorsement, such
as it was, secured. That was the sec
ond point gained. The Endorsement,
however, fell short of a clear popular
majority by nearly 100000 votes and
so perhaps was not overwhelmingly re-
liable and satisfactory. The outgoing
president in his last annual message
as impressively as possible echoed
back upon the people the weight and
authority Of the Endorsement.
1.-THE supreme court met again, did
not announce their decision, but or
dered a r~eargument. The presidential
Inauguration came and still no decision
of the court, but the incoming presi-
dent in his inaugural address fervent-
ly exhorted the people to abide by the
forthcoming decision whatever it might
be. Then In a few days came the de-
eision.
This was the third point gained.
1.-THE reputed author Of the Nebras-
ka bill finds an early occasion to make
a speech at this capitol indorsing the
bred Scott decision and vehemently de-
nouncing all opposition to 1t. The new
president, too, seizes the early occa-
sion of the Silliman letter to indorse
and strongly construe that decision and
to express his establishment that any
different view had ever been enter
tanned. At length a s%quabble springs
up between the president and the au-
thor of the Nebraska bill on the mere
question of fact whether the Lecomp-
ton constitution was or was not in
any just sense made by the people of
Kansas, and In that squabble the lat
ter declares that all he wants is a fair
vote for the people and that he cares
not whether slavery be voted down or
voted up. l do not understand his
declaration that he cares not whether
slavery be voted down or voted up to
be intended by him other than as an
apt definition Of the policy he would
impress upon the public mind. the
principle for which he declares he has