In answer to Lincoln"s last question, he said: "It is a fundamental article of the Democratic creed that there should be non-interference or non-intervention of Congress with slavery in the States or Territories. The Democratic party have always stood by that great principle and I stand on that platform now. * * * * Lincoln himself will not answer this question. * * * It is true * * * (he admits) that under the decision of the Supreme Court, it is the duty of a man to vote for a slave code in the Territories. If he believed in that decision he would be a perjured man if he did not give the vote. I want to know whether he is not bound to a decision which is contrary to his opinions just as much as to one in accordance with his opinions? * * * Is every man in this land allowed to resist decisions he does not like and only support those which meet his approval? * * * * It is the fundamental principle of the judiciary that its decisions are final. * * * * My doctrine is that, even taking Mr. Lincoln"s view that the decision recognizes the right of a man to carry his slaves into the Territories, yet after he gets them there he needs affirmative law to make that right of any value.
The same doctrine applies to all other kinds of property.
"Suppose one of your merchants should move to Kansas and open a liquor store; he has a right to take groceries or liquor there; but the circ.u.mstances under which they shall be sold and all the remedies must be prescribed by local legislation; and if that is unfriendly it will drive him out just as effectually as if there was a const.i.tutional provision against the sale of liquor. Hence, I a.s.sert, that under the Dred Scott decision you cannot maintain slavery a day in a Territory where there is an unwilling people and unfriendly legislation. If the people want slavery they will have it, and if they do not want it you cannot force it upon them."
Neither Lincoln nor Douglas could as yet fairly and fearlessly grapple with the great problem. Lincoln"s virtual rejection and defiance of the decision of the Supreme Court suggests not reform but revolution. These dark hints that the decisions of the highest tribunal should not be accepted or obeyed, that they were binding only on those who believed in them, portended nothing less than war. Slavery being an established inst.i.tution, recognized by the Const.i.tution and regulated by law, had the right to exist. Lincoln and his party abhorred it and resented the injustice of the law.
Obeying the dominant instinct of the race, the scrupulously observed the form of the law while waging war upon it. On the other hand it is impossible to find either legal or philosophical foundation for Douglas" arguments. Slavery had been adjudged lawful in all the Territories. The proposition gravely argued by him, that the people could lawfully exclude a thing from a place where it had a lawful right to be, was monstrous. He sternly rebuked Lincoln for his irreverence in refusing to cordially accept the Dred Scott decision and in the next breath, with shocking inconsistency, dissolved its entire force in the menstruum of unfriendly legislation. The decision was utterly repugnant to the people of the State. The both viewed it as a political rather than a philosophic problem.
Both rejected it and the consequences flowing from it. Lincoln quibbled when asked to accept it as a rule governing his political conduct. Douglas, by a cunning device, sought to destroy its force as a rule of private right. Lincoln insisted on the essential dishonesty of the juggling trick by which Douglas got rid of the adjudicated law. Douglas insisted on the anarchic spirit with which Lincoln bade defiance to it.
It would be tedious to follow the debates through in detail.
Necessarily the later arguments were mainly a repet.i.tion of those made in the earlier speeches. Thee was a marked falling off in the good temper and mutual courtesy of the combatants in the later stages of the contest. The abiding question to which the argument constantly recurred was that of negro slavery, as to which Lincoln was darkly oracular and Douglas was resolutely evasive. Lincoln again and again pressed Douglas to say whether he regarded slavery as wrong. Douglas persistently declined the question on the pleat that it was one wholly foreign to national politics. Each State had a right to decide for itself; and that right had been delegated to the Territories by the Compromise act of 1850 and again by the Kansas-Nebraska act of 1854.
"I look forward," he said, "to a time when each State shall be allowed to do as it pleases. If it chooses to keep slavery forever, it is not my business, but its own; if it chooses to abolish slavery, it is its own business, not mine. I care more for the great principle of self-government, the right of the people to rule, then I do for all the negroes in Christendom. I would not endanger the perpetuity of this Union, I would not blot out the great inalienable rights of the white man, for all the negroes that ever existed."
Lincoln persistently pressed his argument: "When Douglas says he don"t care whether slaver is voted up or voted down, he can thus argue logically if he don"t see anything wrong in it; but he cannot say so logically if he admits that slavery is wrong. He cannot say that the would as soon see a wrong voted up as voted down. When he says that slave property and horse and hog property are alike to be allowed to go into the Territories upon the principle of equality, he is reasoning truly if there is no difference between them and property; but if the one is property held rightfully and the other is wrong, then there is no equality between the right and the wrong. * * * That is the real issue. That is the issue that will continue in this country when these poor tongues of Judge Douglas and myself shall be silent. It is the eternal struggle between these two principles that have stood face to face from the beginning of time and will ever continue to struggle. The one is the common right of humanity and the other the divine right of kings. It is the same principle in whatever shape it develops. It is the same spirit that says, "you work and toil and earn bread, and I"ll eat it." No matter in what shape it comes, whether from the mouth of a king who seeks to bestride the people of his own nation and live by the fruit of their labor or from one race of men as an apology for enslaving another race, it is the same tyrannical principle."
In the Quincy debate, and again in the last debate at Alton, Douglas, with great skill, took up the attack made upon him by the Buchanan Administration because of his alleged heresies on the Kansas question. The Washington Union in an editorial had condemned his Freeport declaration that the people could by their unfriendly att.i.tude exclude slavery from a Territory. It argued that his plan was to exclude it by means of his device of popular sovereignty and declared that he was not a sound Democrat and had not been since 1850. He quoted from Buchanan"s letter accepting the nomination, in which he warmly applauded those "principles as ancient as free government itself * * * in accordance with which * * * * the people of a Territory, like those of a State, shall decide for themselves whether slavery shall or shall not exist within their limits."
He also quoted in vindication of the soundness of his Democracy a speech of Jefferson Davis declaring that, if the inhabitants of a Territory should refuse to enact laws to protect and encourage slavery, the insecurity would be so great that the owner could not hold his slaves.
"Therefore," said Davis, "though the right would remain, the remedy being withheld, it would follow that the owner would be practically debarred from taking slave property into a Territory when the sense of its inhabitants was opposed to its introduction."
These latter arguments were addressed to the Administration Democrats, who, however, proved a quite unimportant factor in the campaign. They were an utter negation politically. Were it an academic problem, much could be said in their defense. In a time of stormy pa.s.sion, they were pa.s.sionless. In a time of fanatical convictions and intolerant opinions, they were coldly neutral, appealing with impotent pride to the traditions and precedents of the past.
The election was held on the 2nd of November. The Republicans elected their State ticket by a popularity of nearly 4,000, but lost the legislature. When that body met Douglas was again chose Senator.
Chapter XVI. The South Rejects Popular Sovereignty.
Although victorious in the greatest battle of his life the position of Douglas was not easy. The people of Illinois were evidently no longer in sympathy with him. The Buchanan Administration and the Southern extremists had openly declared war on him for his cool indifference to the special interests of the South, his carelessness whether slavery was voted up or voted down in the Territories, and his hostility to their plans for planting it in Kansas. He was preparing for his last struggle for the Presidency. Having won this doubtful victory at home, he decided to make a tour of the South in the hope of stimulating its waning enthusiasm. In order to hold the Senatorship it had been necessary to please Illinois, even though the South were alienated. In order to win the Presidency he now resolved to satisfy the South, even though he offended Illinois. Moreover, being at war with the Administration, he hoped to return to Washington with the prestige of a re-election and a great Southern ovation. He intended to force Buchanan and his Cabinet to sue for peace. He was political strategist enough to understand the importance of a bold front and an imposing display of power at the outset of his next campaign.
He took boat at St. Louis for New Orleans and enjoyed the leisurely autumn trip down the River. He spoke at Memphis on November 29th, and at New Orleans on December 6th. He sailed to Havana and thence to New York, where he received a royal welcome. On reaching Philadelphia he was formally welcomed at Independence Hall. He then went to Baltimore and spoke in Monument Square on the evening of January 5th, returning to Washington next day. On the 10th he resumed his seat in the Senate.
He had told the people of Illinois that, in spite of the Const.i.tution, the Supreme Court, the President and Congress, it was within the power of the inhabitants of a Territory to prohibit slavery by their unfriendly att.i.tude. This doctrine was utterly abhorrent to the South, which now rested its entire case on the judicial interpretation of the Const.i.tution and regarded all attempts to evade the full force of the Dred Scott decision as little less than treason. The net result of the struggles of a decade had been the establishment of a principle that the Const.i.tution carried slavery with it wherever it went. To lightly treat the Const.i.tution as a thing that could be quietly defied and annulled by the squatters, was to strip their great victory of all value and s.n.a.t.c.h from them the fruit of their labors. Had this doctrine of local nullification been sound, it was not to be expected that it would be received with enthusiasm or even with patience by men whose dearest hopes it must obviously defeat and whose subtle art and long protracted labors it utterly thwarted. But that daring sophism which attacked the very foundation of all legal authority, did violence to every sound principle of philosophy, and was utterly subversive of the peculiar and cherished doctrines of the South, should have been resorted to by Douglas to avoid defeat in Illinois, was viewed as a shameless outrage. It was believed that he had sacrificed their sacred cause in order to avoid a local reverse; that his seat in the Senate was dearer to him than their most valued interests.
It was probable that in his eagerness to win the Illinois campaign he had not considered seriously the irreconcilable repugnance of his distinctive dogma to the compact body of Southern political philosophy. It was now necessary to present it to the South in such dress that it might, if possible, gain acceptance, at least that it might not shock the deepest prejudices of that section.
In addressing his Southern audiences he attempted to take the sting out of his obnoxious doctrine by showing that it was entirely harmless. The people of the Territories, he said, doubtless had the practical power, in spite of the Const.i.tution, statutes and decisions, to exclude slavery by their unfriendly att.i.tude toward it. But what would determine their att.i.tude? Clearly their selfish interests. If slavery would be profitable, their att.i.tude would be friendly and it would take root and flourish under the protection of the law. If by reason of soil or climate it would be unprofitable, their att.i.tude would be unfriendly and neither laws nor Const.i.tutions could successfully foster it. But it could not injure the South to exclude slavery from regions where it could only be maintained at a loss. It was not a question of ethics, but purely of physical geography. Where soil and climate rendered it profitable, it would spring up in precisely the same way as pine trees or maize.
But it was clear to his keen eye that these feats of ingenuity were taken at their real worth. While the people treated him with gracious courtesy, they prudently reserved their judgement. They paid generous honor to the great leader whom they would gladly use but dared not trust. He had chosen to hold Illinois and had lost the South.
While he was vainly trying to woo back the alienated South, a significant event occurred in Washington. When the Senate was organized during his absence, he was removed from the chairmanship of the Committee on Territories, which he had held since his first election. This was done by the Democratic caucus and indicated a deeper resentment than he had suspected. The Puritans of Illinois had once risen in insurrection against him. The Cavaliers of the South were now sternly protesting against his easy political morals.
For six weeks he preserved almost complete silence. His situation was anomalous. The quarrel with the Administration was implacable.
A few months before, the Republicans were inclined to court him; but the desperate battle with Lincoln had made it clear that his quarrel with them was on perennial questions of principle. Solitary and out of touch with all parties, he was yet recognized as the chief of the Northern Democrats and a formidable candidate for the Presidency.
While diplomatically awaiting developments, he was suddenly drawn into an important debate. On February 23rd Senator Brown of Mississippi discussed with great plainness his att.i.tude on the slavery question.
With ill concealed contempt for men whose opinions shaped themselves to suit the demands of political strategy he said:
"I at least am no spoilsman. I would rather settle one sound principle in a presidential contest than secure all the patronage of all the Presidents who have ever been elected to or retired from the office. * * * The Const.i.tution never gave us rights and denied us the means of protecting and defending those rights. The Supreme Court has decided that we have a right to carry our slaves into the Territories and, necessarily, to have them protected after we get there. * * * I neither want to cheat nor to be cheated in the great contest that is to come off in 1860. * * * I think I understand the position of the Senator from Illinois and I dissent from it. * * * He thinks that a territorial legislature may, by non-action or unfriendly action, rightfully exclude slavery. I do not think so. * * * * The Senator from Illinois thinks the territorial legislature has the right, by non-action or by unfriendly action to exclude us with our slaves. * * * We have a right of protection for our slave property in the Territories. The Const.i.tution as expounded by the Supreme Court awards it. We demand it, and we mean to have it."
Douglas at once answered. He said that his obnoxious doctrine only meant that the territorial legislature by the exercise of the taxing power and other functions within the limits of the Const.i.tution could adopt unfriendly legislation which would practically drive slavery out. The real demand of the South was for a congressional slave code for the Territories. But no Northern man, whether Democrat or Republican, would ever vote for such a code. The inhabitants would protect slavery if they wanted it, if the climate were such that they could not cultivate the soil without it. It was a question of climate, of production, of self-interest, and not of const.i.tutional law. The slave owner had no higher rights than the owner of liquor or inferior cattle, which the territorial legislature could exclude. Under the doctrine of the Kansas-Nebraska act the Territories had the right to pa.s.s such laws as they pleased, subject only to the Const.i.tution.
If their laws conflicted with that it was the business, not of Congress, but of the Courts to decide their nullity. When Buchanan accepted the nomination in 1856, he declared that the people of a Territory, like those of a State, should decide for themselves whether slavery should exist within its limits. He could not have carried half the Democratic vote in any free State if the people had not so understood him. "I intend to use language," he continued, "which can be repeated in Chicago as well as in New Orleans, in Charleston as well as in Boston. * * * No political creed is sound or safe which cannot be proclaimed in the same sense wherever the American Flag waves over American soil. If the North and the South cannot come to a common ground on the slavery question the sooner we know it the better. * * * I tell you, gentlemen of the South, in all candor, I do not believe a Democratic candidate can ever carry one Democratic State of the North on the platform that it is the duty of the Federal Government to force the people of a Territory to have slavery when they do not want it."
Davis, the leader of the Southern Democracy, answered him. He reminded the Senate that Congress had no power to exclude slavery from a Territory and the legislature had no power except that given it by Congress. Hence it could not possibly have the power to exclude it. Douglas could not claim more than this unless he could ill.u.s.trate the philosophical problem of getting more out of a tub than it contained. Congress, having no power to prohibit slavery, was bound to see that it was fully enjoyed.
"I agree with my colleague," he continued, "that we are not, with our eyes open, to be cheated, and that we have no more respect for that man who seeks to evade the performance of a const.i.tutional duty than for one who openly wars upon const.i.tutional rights."
Mason, of Virginia, insisted that the Const.i.tution construed by the Supreme Court denied Congress the power to exclude slavery form a Territory. Douglas admitted that the legislature derived all its power from Congress. Hence, he must admit that it had no power to interfere with slavery.
Green, of Missouri, the new chairman of the Committee on Territories, next attacked him. Slaves, he declared, were property, as decided by the Supreme Court. The Territories of Kansas and Nebraska could not, by either direct or indirect legislation, prohibit or abolish slavery; and if they should undertake to do either it would be the duty of Congress to interpose. The legislature had no more power, by direct or indirect means to prohibit the introduction of slaves than the introduction of horses or mules, and it was a dishonest subterfuge to say that it could be done.
"What is meant by unfriendly legislation? I had thought that rights of person and property were beyond the power of legislation. * *
* There never was a legislative body in existence on the face of the globe that could justly take any right of person or property from a citizen without rendering a just compensation." He reminded the Senators that in 1857 Douglas had urged the interposition of Congress in Utah affairs, even to the extent of repealing the organic act, thus recognizing that Territories were mere dependencies of the Federal Government. Why this tenderness about Kansas? A Territory had no power except what was conferred by Congress.
Douglas said that all legislative power not inconsistent with the Const.i.tution, was conferred. But if the power to destroy any kind of property was conferred, it would be consistent with the Const.i.tution and the grant would be void. If all power not inconsistent with the Const.i.tution was conferred by the organic act, then the power to call the Lecompton Convention and draft a Const.i.tution was conferred.
"All the power the Territory has is derived from Congress and can be resumed at pleasure. The creature can never be equal to its creator."
Douglas said, that if the people of a Territory wanted slavery they would protect it. But suppose the majority did not want it? The Const.i.tution still declared slaves to be property and forbade the majority to take away the property in a slave from a single individual. If they had no right to take it away, what right had they by unfriendly legislation to render it valueless? If a Territory persistently attempted to destroy a species of property protected by the Const.i.tution, ought not Congress to intervene for the protection of the citizens?
Douglas replied to these deadly attacks. He reminded them that when they repealed the Missouri Compromise they had agreed to leave all these questions to the people of the Territories and the decision of the Supreme Court. This was the true Democratic doctrine. Davis and Mason had both said that no man holding his views could receive the support of the South for the Presidency. Yet this was the doctrine of Ca.s.s when candidate for President, but the whole South gave him their votes. When did this change of creed occur?
Davis answered briefly, regretting that Douglas had not denied or explained any of his Illinois speeches, and said he was now satisfied that he was as full of heresy as he once was of the true theory of popular sovereignty. He declared that this doctrine was "offensive to every idea of conservatism and sound government; a thing offensive to every idea of the supremacy of the laws of the United States,"
and announced plainly that the South would not support him for President. He persistently pressed him to say whether he meant to abide by the Dred Scott decision.
The Court, answered Douglas, had decided that neither Congress nor the territorial legislature could prohibit the settler from bringing his slaves to a Territory. "In other words, the right of transit is clear, the right of entry is clear. * * * You have the same right to hold them as other property, subject to such local laws as the legislature may const.i.tutionally enact. If those laws render it impracticable to HOLD your property, whether it be your horse or your slave, why, it is your misfortune."
He had reached the brink of the abyss. The South was preparing for treason and rebellion. Its mood was altogether too tragic to be even amused by his philosophic refinements. It rejected them now, not with contempt, but with horror. The North, too, was in stern mood. Its abhorrence of slavery had intensified with constant agitation. It was grimly earnest in its resolve to resist all further extension of it and resented the indifference of the statesman who did not care whether the burning crime of the ages was voted up or voted down.
Douglas, who regarded the ethics of this question with indifference and who supremely desired to conciliate the South without alienating the North, blundered in plunging into this debate. The Southern Senators were unanswerably right. Since the Dred Scott decision his position was so clearly untenable that to insist upon it amid conditions so threatening seemed to them the most intolerable trifling. The Republicans looked on as pleased spectators while the battle raged between Northern and Southern Democrats and the party was hopelessly torn asunder. It was clear the part of prudence to restrain his impulsive pugnacity for the remaining weeks of the session. But when challenged to defend himself his impatient eagerness to speak was uncontrollable.
Chapter XVII. Seeking Reconciliation.
After the adjournment he devoted himself to a new and unfamiliar task. He prepared an article for Harper"s Magazine on the slavery question and its relation to party politics, in which he defended his position, explained his philosophy and sought to throw light on this confused subject. The article made some stir at the time.
It contained nothing, however, which he had not already said much better in his speeches. He was not a man of literary culture or habits. His thought was brightest and his eloquence highest when the battle was raging.