Legal Phases of the Lincoln and Douglas Debates
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Excerpt from Legal Phases of the Lincoln and Douglas Debates: Annual Address Before the State Bar Association of Minnesota at Minneapolis, July 14, 1909 A government of the people, by and for the people, cannot maintain protracted warfare, against any considerable power, unless the people are fairly and firmly convinced of its justice. The American republic, at any rate, must be able to show that its occasions for war are legally, no less than morally, impregnable; for the American conception of justice comprehends both. To that end co-operation on the part of the legal profession is indispensable, a truth signally illustrated in the large part which the Bar of America has taken in the two great and significant wars of our national history. Both were waged on the national side in support of definite principles of law; both were fought and won in the arena of debate; and the true history of each is to be found in the annals of an intellectual struggle rather than in the story of battles or campaigns. The War of Independence was bottomed on the denial, as a proposition of law, that parliament had authority to legislate for the Colonies without their consent, upon any subject whatsoever. Not at first, to be sure - the doctrine was gradually developed as the great argument proceeded. From a mere protest against onerous taxation, upon considerations of expediency only, the fathers passed to the ground that there could be no lawful taxation without representation in the taxing body. Otis never went further than that in his leadership of new England revolt, but his successors, driven from his position by logical necessity, advanced to the final stand that America was legally exempt from parliamentary control altogether. In like manner the legal basis of the War for the Union emerged slowly and painfully from a flood of conflicting ideas. At first the controversy involved only the constitutional power of Congress to exclude slavery from the federal territories; next the legality of secession; and finally the constitutional right of the government to invoke the war power in defence of its own existence. It is often said that these problems were insoluble except by the arbitrament of arms. In fact they were examined and settled in the forum of reason, else force would have been of no avail. The nation was first convinced, else the requisite military and naval power would have been lacking. We know that they were settled rightly, an assurance that could not rest upon the chance outcome of a mere trial of fighting ability. Principle triumphed, and not brute force. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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