Two days after the speech, Preston H. Brooks, a relative of Butler, who represented a district of South Carolina in the House, entered the Senate Chamber after adjournment and, finding Sumner in his seat writing, approached him and struck him down with a heavy cane. There was a brief struggle in which Sumner was stunned and severely injured.
When the a.s.sault occurred Douglas was in the reception room adjoining the Senate Chamber conversing with friends. A messenger ran in shouting that someone was beating Mr. Sumner. He rose intending to interfere in the fray, but, recalling their unpleasant relations, returned to his seat. When the violence was ended he went to the Chamber to see the result. Sumner, dazed, bruised and bleeding, had been helped to his feet and was leaning against a chair. Douglas cast a momentary glance at the victim of this brutal and cowardly outrage, then pa.s.sed on without comment.
On the day before the a.s.sault, the Missouri ruffians had sacked the town of Lawrence. On the day following, John Brown"s Pottawotamie adventure occurred. A crisis was at hand imperiously demanding more effective action on the part of Congress. The country was aroused, alarmed and horrified. The Conventions were to be held in June and it was necessary that the Democrats bestir themselves and make some disposition of the hara.s.sing problem of Kansas.
The existing condition in the hag-ridden Territory was directly chargeable to a measure whose authorship Douglas had boasted. There was danger that the tragic failure of his masterpiece of state-craft would wreck his party and load his own name with odium which even his rugged vitality could not throw off. Such uncontrollable pa.s.sion had been stirred by his pending bill that it seemed prudent to quietly drop it.
On the 24th of June, Toombs introduced a bill providing for the taking of a census, the holding of an election of delegates to a Const.i.tutional Convention, and the orderly organization of a State.
It was referred to Douglas" Committee, which promptly reported back an amended bill so infinitely better than the measures thus far attempted that it seemed comparatively just. It provided for the appointment of commissioners to prepare lists of all citizens over twenty-one years old resident in the Territory since the 4th of July, who were to vote at the election; also for the holding of a Convention, the drafting of a Const.i.tution and the admission of the State.
There were three objections to the bill. The commissioners were to be appointed by President Pierce. The 4th of July, from which residence must date, was a time at which great numbers of Northern settlers would be absent from the Territory on account of the turbulence and disorder which had rendered life there not only uncomfortable but unsafe. Moreover, no express provision was made for submitting the Const.i.tution to a vote. However, it was regarded as a concession to the demands of an aroused public, clothed with the power of promptly and authoritatively expressing its disapproval.
But there were those in the Senate who feared the gift-bearing Greeks and thought it well, now that the majority had shown some regard for public opinion, to insist upon an explicit declaration of their purpose to submit the slavery question to the people of the Territory fairly and without juggling tricks. On the 2d of July, Trumbull offered an amendment declaring it to be the true intent and meaning of the bill organizing the Territory of Kansas to confer upon the inhabitants "full power at any time, through its territorial legislature, to exclude slavery from said Territory or to recognize and regulate it therein."
This amendment seemed with utmost fairness to declare the meaning of that law precisely as Douglas expounded it. But the South had already taken the advanced ground that, as the Const.i.tution of the United States expressly established slavery, it was not within the power of Congress or its creature, the territorial legislature, to abolish it. This was not the creed of the Northern Democracy, which had embraced the popular sovereignty doctrine of Douglas and Ca.s.s. To abandon that doctrine was to alienate the Northern Democrats and lose the presidential election. To carry it out in good faith was to surrender Kansas and the remaining Territories to anti-slavery inst.i.tutions; for it was already evident that popular sovereignty meant free States. It was at no time a part of the serious political philosophy of the South, but the ingenious invention of the Northern leaders to hold their following. The South had permitted is Northern allies to give currency to the doctrine, but the more sagacious saw that it was a failure and were preparing, when the election was over, to cast it aside and announce the true Southern dogma, that no sovereignty except that of a State could forbid slavery anywhere in the Union.
Already the Dred Scott case was pending in the Supreme Court and had been once argued; but the decision was reserved until the elections were over and the new President inaugurated. Well informed Southern statesmen did not doubt that this ultra doctrine of their party would receive the authoritative sanction of that tribunal and the temporary scaffolding of popular sovereignty would then be summarily kicked aside. They could not afford to adopt Trumbull"s declaration of power in the Territory to abolish slavery, for they secretly expected to establish that it had no such power. They could not afford to frankly declare against it while still courting the Northern Democrats. Benjamin, who was an accomplished lawyer, and with the lawyer"s instincts depended more on const.i.tutional defenses than on wavering popular majorities, moved to add the words "subject only to the Const.i.tution of the United States." Now that the Const.i.tution had become the bulwark of slavery, there was nervous dread that Congress and the people might forget that it was the supreme law to which all legislation was subject. Douglas earnestly objected to Trumbull"s amendment. He protested against it as wholly unnecessary. He also voted against it as did the great majority of the Senators.
The bill pa.s.sed the Senate by a vote of 33 to 12; but the House declined to consider it, and on the 3d pa.s.sed an act to admit Kansas under the Topeka Const.i.tution. No compromise of differences so radical was possible. Douglas remarked truly to his biographer that "it was evident during all the proceedings that the Republicans were as anxious to keep the Kansas question open as the Democrats were to close it, in view of the approaching presidential election."
Chapter IX. The Conventions of 1856.
Douglas was now at the zenith of his success, master of all his resources, the most admired, dreaded and powerful man in American public life. History must inexorably condemn much of his most brilliant and successful work, but the very emphasis of its condemnation is an involuntary tribute to the matchless efficiency of the man. At this period he was the most masterful and commanding personage of purely civil character that has "strutted his hour upon the stage"
of American politics. The cabinet maker"s apprentice, the village schoolmaster, the Western lawyer, had, by sheer force, established his right to this position of real master of his country. A weak President was cringing at his feet. He had overcome the brilliant and powerful opposition in the Senate. The aristocratic South, which instinctively dreaded and despised a plebeian, was paying him temporary homage.
He was barely 43 years old. So strenuous and effective had been his youth that people hesitated to set bounds to his future possibilities. So strongly had his overmastering force impressed the popular imagination that the sobriquet, "Little Giant," suggested by his small stature and enormous energy, had become household words. He had come to Washington fifteen years before, a crude, coa.r.s.e, bl.u.s.tering youth, as described by the accomplished Adams whose social ideals were borrowed from the courts of Europe. But he had readily adjusted himself to his new environment and taken on the polish of the Capital. Though never rich, he made money with ease and spent it with princely munificence. He was not only the political dictator but the social lion of Washington. He lived in splendid style, in harmony with his exalted station, entertained generously and responded freely to the numerous invitations of friends and admirers. "His ready wit, his fine memory, made him a favorite. * * * * He delighted in pleasant company. Unused to what is called etiquette, he soon adapted himself to its rules and took rank in the dazzling society of the Capital. * * * To see him threading the glittering crowds with a pleasant smile or kind word for everybody one would have taken him for a trained courtier."
Tradition, backed by General McClellan, says he was a heavy drinker, though not a drunkard, and some of his finest speeches at this period of his life appear to have been delivered after unrestrained carousals that would have prostrated ordinary men.
Ever since 1852, when his youth and indiscretion had defeated his presidential aspirations, he had been waiting impatiently for the Convention of 1856. During the past four years he had been conspicuously "riding in the whirlwind and directing the storm"
of politics. He had perhaps intensified the hostile prejudices of the New England Puritans; but they were austere moralists, rather than progressive politicians. He had certainly alienated many friends in the Northwest, which was slowly withdrawing from its old alliance with the South, and falling into sympathy with the stern and uncompromising East. But, while he regretted the necessity of giving offense to any section of the country or any body of the people, he had deliberately chosen what he deemed the less of two political evils,--the alienation of the Puritans of New England and the Northwest rather than a breach with the salve holding baronage of the South, which had established a prescriptive right to control the Presidency. And yet the fact could not be blinked that all his services and sacrifices to the South had failed to give him its confidence and the enthusiastic loyalty that springs from it.
It viewed him with mingled emotions of admiration and fear. It desired to retain his service but was unwilling to trust him with power. It could not forget that in his zeal for its service that he had trifled with the North and suspected that, if self-interest prompted, he might break faith with the section which he now served with such ardor.
The South, a decided minority in population, had long held its sway by artful appeals to the selfish ambition of Northern politicians.
Although the undisputed command of the Democracy was in its hands and the burning question of the time was that of slavery, no Southern man had in late years been permitted to enter the field as a candidate for the Presidency. The Southern leaders inexorably insisted on giving the nomination to Northern men. There were at this time three candidates from the North; Pierce, how would have joyfully submitted to any terms and pledged himself to any service for another four years of office; Buchanan, the great lawyer and distinguished statesman, who had just returned from the English mission; and Douglas, the giant of the Senate, the recognized head and practical dictator of his party.
In point of ability and energy there was no comparison between Douglas and either of his compet.i.tors. Pierce had laboriously earned for himself the lasting contempt of the world. Buchanan was an eminently respectable, dignified old gentleman of great professional attainments and diplomatic experience, an admirable Amba.s.sador, a good Secretary of State, who might even have adorned the Supreme Bench, but whose vacillating will and temporizing character hopelessly unfitted him for the arduous duties of the Presidency in the great crises that ensued. Had the positive, combative and masterful Douglas been nominated at this time it may be safely said that the most momentous chapter of American history would have been widely different from what it is.
The Convention met at Cincinnati on the 2d of June and continued in session for five days. The platform was adopted without dissent, declaring the firm purpose of the party to "resist all attempts at renewing, in Congress or out of it, the agitation of the slavery question," and "recognizing and adopting the principle contained in the organic law establishing the Territories of Nebraska and Kansas as embodying the only sound and safe solution of the slavery question."
Buchanan"s candidacy was engineered with rare skill. He was fortunate in having been absent from the country, representing his Government at the Court of St. James, during the three preceding years crowded with great and stirring events, while Pierce and Douglas had been skirmishing for the advantage, each seeking to outbid the other in eager compet.i.tion for Southern favor. The South was deeply indebted to Douglas; but fear is strong than grat.i.tude.
It was well satisfied with Pierce, but hesitated to nominate him lest he might be overwhelmed with a storm of just contempt. Without an element of positive strength, Buchanan was a formidable candidate.
On the first ballot he had 135 votes, Pierce 122, Douglas 33, and Ca.s.s 5. Pierce lost steadily for 14 ballots while Buchanan and Douglas gained. Pierce"s name was then withdrawn. On the next ballot Buchanan had 168 and Douglas 118 votes. Douglas then sent a dispatch to Richardson, his manager, to withdraw his name and make the nomination of Buchanan unanimous.
On June 17th the first Republican National Convention was held at Philadelphia. It was not yet a united and well organized party.
It made little pretense of agreeing in anything but unyielding opposition to slavery-propagandism and the fixed resolve to curb the intolerable arrogance of the slave power. It was made up of those who were opposed to the repeal of the Missouri Compromise, to the further extension of slavery, and to the refusal to admit Kansas as a free State. It consisted of Whigs, Free-spoilers, Know-nothings and Democrats, who were inclined to apologize for their temporary a.s.sociation under the name of this mushroom upstart and were not willing to have it forgotten that their essential political creeds were unchanged. They were Republicans for a time until their own parties reformed or gathered strength for more effective work.
Yet, imperfect as was the organic unity of the party, it contained a large part of the best political ability of the country. The real leaders, who had evolved it from the incoherent chaos of earlier years, impressed their energetic characters upon the organization, and prescribed for it such formula of faith as it yet had, were Seward and Chase. To one of them the nomination was clearly due.
Seward preferred to wait four years. It was not deemed prudent to nominate Chase. On the first formal ballot John C. Fremont was nominated. For the office of Vice-President Abraham Lincoln received 110 votes, but was fortunately defeated. The platform declared it to be "the right and duty of Congress to prohibit in the Territories those twin relics of barbarism, polygamy and slavery," condemned in scathing terms the conduct of affairs in Kansas and demanded its immediate admission under the Topeka Const.i.tution.
An exciting campaign followed. Rallies, parades, fireworks and theatrical displays were lavishly provided by the sanguine Republicans. Their orators filled the land with eloquent denunciation of the Pierce Administration and the Buchanan platform. Much as it outwardly resembled the log cabin and hard cider campaign of 1840, it was wholly different in character. The Republicans were in serious earnest. They had well defined, though discordant opinions and convictions. But before the end of the contest it was clear that they had blundered in nominating the picturesque "pathfinder."
Douglas was not inactive during the campaign, being deeply interested, not only in the election of Buchanan, but in restoring Democratic supremacy in Illinois. He sold a hundred acres of land on the western limit of Chicago for a hundred thousand dollars and contributed with great liberality to the campaign fund, not only of his own State, but also of Pennsylvania. The Democrats won both States, which, with the entire vote of the South, elected Buchanan.
Millard Fillmore, a rather ghostly reminiscence of other days, had been nominated by the American and Whig parties and carried Maryland. The combined vote of Fremont and Fillmore exceeded that of Buchanan by nearly half a million. The Democrats were evidently approaching a crisis, and harmony, never so imperatively needed as now, was never so hopelessly unattainable.
Chapter X. Popular Sovereignty in the Supreme Court.
The anger of the world was rising against American slavery. It was confessedly a shocking anomaly in our system of universal freedom and democratic equality. The people of the slave States were inflexibly resolved to maintain and extend it in defiance of the rising sentiment of the age. For many years they had succeeded in holding their ground and stifling the anti-slavery agitation.
They had vigilantly kept control of the Government. During sixty of the first sixty-eight years the presidential chair had been occupied by Southern men or their dependents. The Senate had uniformly, and the House usually, been under their sway. The Supreme Court had also been composed of Southern men. Now that slavery was forced to fight for its life, the South with increased energy sought the active support of all the departments of Government. Pierce was its humble servant. The efficient and imperious Douglas was serving it in the Senate, and Ca.s.s was an eager rival. The Northern Democracy followed their lead. A majority of the Supreme Court were zealous advocates of slavery. It was unfortunate for the South, and for Douglas, that the champions of Southern rights on the bench and their advocates in Congress could not have understood each other in advance. They were seeking to plant slavery on a safe foundation and gird it round with impregnable defenses. Douglas had promulgated the doctrine of squatter sovereignty with which the South was not satisfied. It was possible for the Court to devise a safer remedy for the threatened dangers.
In 1834, there was an army surgeon named Dr. Emmerson living in Missouri who owned a slave named Dred Scott. He was transferred to Fort Snelling in the Territory of Wisconsin and took his slave with him, but in 1838 he returned with him to his former home. He then sold Scott to a man named Sanford, who resided in New York, but kept his slaves in Missouri. In 1854 the slave brought an action in the United States Circuit Court of Missouri to recover his freedom, on the ground that he had been voluntarily taken into the Territory of Wisconsin, where, by the act of Congress known as the Missouri Compromise, slavery was prohibited. His case rested upon the rule that slavery, being the creature of positive munic.i.p.al law, had no legal existence beyond the limits of the sovereignty creating or recognizing it. The law of Missouri establishing slavery was of no efficacy in Wisconsin. Hence, it was urged, when Dred was taken to that Territory, the relation of master and slave ended and he became a free man.
Upon its merit the case presented but one question: Was slavery forbidden in Wisconsin? There rose, however, a preliminary question of great importance. To give the Federal Court jurisdiction it was necessary to show that the plaintiff and defendant were citizens of different States. Scott alleged that he was a citizen of Missouri and Sanford a citizen of New York. The answer denied the jurisdiction of the Court for the reason that Scott was not a citizen of any State, being a negro slave, and hence not ent.i.tled to maintain his action. The Circuit Court overruled this plea, but held Scott to be still a slave, notwithstanding his sojourn in Wisconsin, and awarded him to Sandford. The case was taken to the Supreme Court and there argued by lawyers of great ability and learning. The Court found unusual difficulties in it, held it under advis.e.m.e.nt during the exciting summer of 1856, and directed a re-argument at the December term. On March 6th, 1857, two days after the inauguration of Buchanan, the Judges delivered their memorable opinions.
At this time the Court consisted of five Southern Democrats, two Northern Democrats, one Whig and one Republican. Chief Justice Taney wrote the opinion of the Court, and did it in a manner likely to preserve his name from early oblivion. Judges McLean and Curtis filed dissenting opinions.
The Court, after holding that Scott could not maintain his action for want of citizenship, decided among other things that: "Whatever the General Government acquires it acquires for the benefit of the people of the several States who created it. It is their trustee, acting for them and charged with the duty of promoting the interests of the whole people of the Union. * * * * The right of property in a slave is distinctly and expressly affirmed in the Const.i.tution.
The right to traffic in it, like an ordinary article of merchandise and property, is guaranteed to the citizens of the United States.
* * * * The Government * * * is pledged to protect it in all future time. * * * * The act of Congress which prohibits a citizen from holding and owning property of this kind in the territory of the United States north of the line mentioned (36 degrees 30 minutes) is not warranted by the Const.i.tution and is therefore void. * * *
* * If Congress cannot do this it will be admitted that it could not authorize a territorial legislature to do it."
Thousands of copies of the opinion of Judge Taney were printed and distributed among the people by the Democrats who, at first, were so elated over the blow dealt to the Republican fanatics that they overlooked the fact that the decision was even more fatal to the favorite doctrine of the Northern wing of their own party.
The dissenting opinions were printed in enormous numbers by Republican committees and distributed among the anti-slavery people of the Northern and Middle States. Far from settling the controversy, the powerful conflicting opinions confirmed the already inveterate prejudices and disclosed with scientific clearness the fact, long dimly felt, that there existed two fundamentally different and irreconcilably hostile theories of government among the people which must sooner or later grapple for the mastery. Naturally among Northern Democrats the first emotion on hearing of the decision was exultation over the disastrous reverse suffered by the Republicans, whose whole political creed seemed annihilated. They had declared in sounding phrase that it was the duty of Congress to wipe from the Territories those twin relics of barbarism, slavery and polygamy; and promptly the Supreme Court had decided that Congress had no such power. But it soon grew uncomfortably clear to them that while the decision upset the favorite dogma of the Republicans, it was utterly inconsistent with the doctrine of popular sovereignty, the fundamental tenet of Northern Democratic faith. The decision was not only a victory of the Democrats over the Republicans, but a complete victory of the Southern slave-holding Democracy over that of the free North.
To Douglas the situation in which this left his party was disastrous.
Restlessly active and efficient as he had been in the practical management of political affairs, his distinctive achievement had been the powerful advocacy of the doctrine of popular sovereignty, of which, if not the original author, he was at least the chief sponsor. With this doctrine his fame as a statesman was indissolubly linked. On its success the unity of the Northern wing of his party depended; on which hung his hopes of victory.
Two days before the opinion was announced President Buchanan in his inaugural address reminded the people that the great question which had agitated them so long would soon be settled by the Supreme court and bespoke general acquiescence in its decision.
This unhappy allusion gave rise to the unpleasant suspicion that the relation between the new President and the Supreme Court in their common service of the South was unduly intimate.
Had Douglas been great enough to sink the politician in the statesman, he would now have broken with the Southern wing of his party, which had contemptuously repudiated his entire system of political doctrines; he would have rejected the new dogma imposed upon his party by the Southern dictators and led the a.s.sault upon this new creed, which was not only fatal to himself as a National statesman, but could not fail ultimately to prove fatal to his party and involve his country in the horrors of civil war. His squatter sovereignty was pitiful enough. But this new doctrine, announced by the Supreme Court, and approved by the President and his party, stripped the settlers in the Territories of all semblance of sovereignty and planted slavery among them by the self-acting energy of the Const.i.tution, in utter disregard of their wishes.
On the most important question then pending his party had reached a conclusion which he believed to be utterly wrong. But it was his opinion that moral ideas had no place in politics. He could not break with the powerful party which he had led so long. He could not unqualifiedly endorse the new doctrine without stultifying himself. He attempted the impossible task of reconciling the new creed with that which he had preached in the past.
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 a.s.sured 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 Const.i.tution 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.