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."
Now, that statement altogether furnishes a subject for philosophical contemplation. I have been treating it in that way, and I have really come to the conclusion that I can explain it in no other way than by believing the Judge is crazy. If he was in his right mind I cannot conceive how he would have risked disgusting the four or five thousand of his own friends who stood there and knew, as to my having been carried from the platform, that there was not a word of truth in it.
[Judge DOUGLAS: Did n't they carry you off?]
There that question illustrates the character of this man Douglas exactly. He smiles now, and says, "Did n't they carry you off?" but he said then "he had to be carried off"; and he said it to convince the country that he had so completely broken me down by his speech that I had to be carried away. Now he seeks to dodge it, and asks, "Did n't they carry you off?" Yes, they did. But, Judge Douglas, why didn't you tell the truth?" I would like to know why you did n't tell the truth about it. And then again "He laid up seven days." He put this in print for the people of the country to read as a serious document. I think if he had been in his sober senses he would not have risked that barefacedness in the presence of thousands of his own friends who knew that I made speeches within six of the seven days at Henry, Marshall County, Augusta, Hancock County, and Macomb, McDonough County, including all the necessary travel to meet him again at Freeport at the end of the six days. Now I say there is no charitable way to look at that statement, except to conclude that he is actually crazy.
There is another thing in that statement that alarmed me very greatly as he states it, that he was going to "trot me down to Egypt." Thereby he would have you infer that I would not come to Egypt unless he forced me--that I could not be got here unless he, giant-like, had hauled me down here. That statement he makes, too, in the teeth of the knowledge that I had made the stipulation to come down here and that he himself had been very reluctant to enter into the stipulation. More than all this:
Judge Douglas, when he made that statement, must have been crazy and wholly out of his sober senses, or else he would have known that when he got me down here, that promise--that windy promise-- of his powers to annihilate me, would n't amount to anything.
Now, how little do I look like being carried away trembling? Let the Judge go on; and after he is done with his half-hour, I want you all, if I can't go home myself, to let me stay and rot here; and if anything happens to the Judge, if I cannot carry him to the hotel and put him to bed, let me stay here and rot. I say, then, here is something extraordinary in this statement. I ask you if you know any other living man who would make such a statement? I will ask my friend Casey, over there, if he would do such a thing? Would he send that out and have his men take it as the truth? Did the Judge talk of trotting me down to Egypt to scare me to death? Why, I know this people better than he does.
I was raised just a little east of here. I am a part of this people. But the Judge was raised farther north, and perhaps he has some horrid idea of what this people might be induced to do.
But really I have talked about this matter perhaps longer than I ought, for it is no great thing; and yet the smallest are often the most difficult things to deal with. The Judge has set about seriously trying to make the impression that when we meet at different places I am literally in his clutches--that I am a poor, helpless, decrepit mouse, and that I can do nothing at all.
This is one of the ways he has taken to create that impression.
I don't know any other way to meet it except this. I don't want to quarrel with him--to call him a liar; but when I come square up to him I don't know what else to call him if I must tell the truth out. I want to be at peace, and reserve all my fighting powers for necessary occasions. My time now is very nearly out, and I give up the trifle that is left to the Judge, to let him set my knees trembling again, if he can.