CHAPTER IV

LINCOLN IN CONGRESS AND IN RETIREMENT

1. _The Mexican War and Lincoln's Work in Congress_.

Lincoln had ceased before his marriage to sit in the Illinois

Legislature. He had won sufficient standing for his ambition to aim

higher; a former law partner of his was now in Congress, and he wished

to follow. But he had to submit to a few years' delay of which the

story is curious and honourable. His rivals for the representation of

his own constituency were two fellow Whigs, Baker and Hardin, both of

whom afterwards bore distinguished parts in the Mexican war and with

both of whom he was friendly. Somewhat to his disgust at a party

gathering in his own county in 1843, Baker was preferred to him. A

letter of his gives a shrewd account of the manoeuvres among members of

various Churches which brought this about; it is curiously careful not

to overstate the effect of these influences and characteristically

denies that Baker had part in them. To make the thing harder, he was

sent from this meeting to a convention, for the whole constituency,

with which the nomination lay, and his duty, of course, was to work for

Baker. Here it became obvious that Hardin would be chosen; nothing

could be done for Baker at that time, but Lincoln, being against his

will there in Baker's interests, took an opportunity in the bargaining

that took place to advance Baker's claim, to the detriment of his own,

to be Hardin's successor two years later.

By some perverse accident notes about details of party management fill

a disproportionate space among those letters of Lincoln's which have

been preserved, but these reveal that, with all his business-like

attention to the affairs of his very proper ambition, he was able

throughout to illuminate dull matters of this order with action of

singular disinterestedness. After being a second time postponed, no

doubt to the advantage of his law business, he took his seat in the

House of Representatives at Washington for two years in the spring of

1847. Two short sessions can hardly suffice for mastering the very

complicated business of that body. He made hardly any mark. He

probably learned much and was able to study at leisure the characters

of his brother politicians. He earned the valuable esteem of some, and

seems to have passed as a very pleasant, honest, plain specimen of the

rough West. Like others of the younger Congressmen, he had the

privilege of breakfasting with Webster. His brief career in the House

seems to have disappointed him, and it certainly dissatisfied his

constituents. The part that he played may impress us more favourably

than it did them, but, slight as it was, it requires a historical

explanation.

Mexico had detached itself from Spain in 1826, and in 1833 the province

of Texas detached itself from Mexico. Texas was largely peopled by

immigrants from the States, and these had grievances. One of them was

that Mexico abolished slavery, but there was real misgovernment as

well, and, among other cruel incidents of the rebellion which followed,

the massacre of rebels at the Alamo stamped itself on American memory.

The Republic of Texas began to seek annexation to the United States in

1839, but there was opposition in the States and there were

difficulties with Mexico and other Governments. At last in 1845, at

the very close of his term of office, President Tyler got the

annexation pushed through in defiance of the Whigs who made him

President. Mexico broke off diplomatic relations, but peace could no

doubt have been preserved if peace had been any object with the new

President Polk or with the Southern leaders whose views he represented.

They had set their eyes upon a further acquisition, larger even than

Texas--California, and the whole of the territories, still belonging to

Mexico, to the east of it. It is not contested, and would not have

been contested then, that the motive of their policy was the Southern

desire to win further soil for cultivation by slaves. But there was no

great difficulty in gaining some popularity for their designs in the

North. Talk about "our manifest destiny" to reach the Pacific may have

been justly described by Parson Wilbur as "half on it ign'ance and

t'other half rum," but it is easy to see how readily it might be taken

up, and indeed many Northerners at that moment had a fancy of their own

for expansion in the North-West and were not over-well pleased with

Polk when, in 1846, he set the final seal upon the settlement with

Great Britain of the Oregon frontier.

When he did this Polk had already brought about his own war. The

judgment on that war expressed at the time in the first "Biglow Papers"

has seldom been questioned since, and there seldom can have been a war

so sternly condemned by soldiers--Grant amongst others--who fought in

it gallantly. The facts seem to have been just as Lincoln afterwards

recited them in Congress. The Rio Grande, which looks a reasonable

frontier on a map, was claimed by the United States as the frontier of

Texas. The territory occupied by the American settlers of Texas

reached admittedly up to and beyond the River Nueces, east of the Rio

Grande. But in a sparsely settled country, where water is not

abundant, the actual border line, if there be any clear line, between

settlement from one side and settlement from the other will not for the

convenience of treaty-makers run along a river, but rather for the

convenience of the settlers along the water-parting between two rivers.

So Mexico claimed both banks of the Rio Grande and Spanish settlers

inhabited both sides. Polk ordered General Zachary Taylor, who was

allowed no discretion in the matter, to march troops right up to the

Rio Grande and occupy a position commanding the encampment of the

Mexican soldiers there. The Mexican commander, thus threatened,

attacked. The Mexicans had thus begun the war. Polk could thus allege

his duty to prosecute it. When the whole transaction was afterwards

assailed his critics might be tempted to go, or represented as going,

upon the false ground that only Congress can constitutionally declare

war--that is, of course, sanction purely offensive operations. Long,

however, before the dispute could come to a head, the brilliant

successes of General Taylor and still more of General Scott, with a few

trained troops against large undisciplined numbers, put all criticism

at a disadvantage. The City of Mexico was occupied by Scott in

September, 1847, and peace, with the cession of the vast domain that

had been coveted, was concluded in May, 1848.

War having begun, the line of the Whig opposition was to vote supplies

and protest as best they might against the language endorsing Polk's

policy which, in the pettiest spirit of political manoeuvre, was

sometimes incorporated in the votes. In this Lincoln steadily

supported them. One of his only two speeches of any length in Congress

was made on the occasion of a vote of this kind in 1848. The subject

was by that time so stale that his speech could hardly make much

impression, but it appears to-day an extraordinarily clear, strong,

upright presentment of the complex and unpopular case against the war.

His other long speech is elevated above buffoonery by a brief, cogent,

and earnest passage on the same theme, but it was a frank piece of

clowning on a licensed occasion. It was the fashion for the House when

its own dissolution and a Presidential election were both imminent to

have a sort of rhetorical scrimmage in which members on both sides

spoke for the edification of their own constituencies and that of

Buncombe. The Whigs were now happy in having "diverted the war-thunder

against the Democrats" by running for the Presidency General Taylor, a

good soldier who did not know whether he was a Whig or a Democrat, but

who, besides being a hero of the war, was inoffensive to the South, for

he lived in Louisiana and had slaves of his own. It is characteristic

of the time that the Democrats, in whose counsels the Southern men

prevailed, now began a practice of choosing Northern candidates, and

nominated General Cass of Michigan, whose distinction had not been won

in war. The Democratic Congressmen in this debate made game of the

Whigs, with their war-hero, and seem to have carried a crude manner of

pleasantry pretty far when Lincoln determined to show them that they

could be beaten at that game. He seems to have succeeded admirably,

with a burlesque comparison, too long to quote, of General Cass's

martial exploits with his own, and other such-like matter enhanced by

the most extravagant Western manner and delivery.

Anyone who reads much of the always grave and sometimes most moving

orations of Lincoln's later years may do well to turn back to this

agreeable piece of debating-society horse-play. But he should then

turn a few pages further back to Lincoln's little Bill for the gradual

and compensated extinction of slavery in the District of Columbia,

where Washington stands. He introduced this of his own motion, without

encouragement from Abolitionist or Non-Abolitionist, accompanying it

with a brief statement that he had carefully ascertained that the

representative people of the district privately approved of it, but had

no right to commit them to public support of it. It perished, of

course. With the views which he had long formed and continued to hold

about slavery, very few opportunities could in these years come to him

of proper and useful action against it. He seized upon these

opportunities not less because in doing so he had to stand alone.

His career as a Congressman was soon over. There was no movement to

re-elect him, and the Whigs now lost his constituency. His speeches

and his votes against the Mexican war offended his friends. Even his

partner, the Abolitionist, Mr. Herndon, whose further acquaintance we

have to make, was too much infected with the popularity of a successful

war to understand Lincoln's plain position or to approve of his giving

votes which might seem unpatriotic. Lincoln wrote back to him firmly

but sadly. Persuaded as he was that political action in advance of

public sentiment was idle, resigned and hardened as we might easily

think him to many of the necessities of party discipline, it evidently

caused him naïve surprise that, when he was called upon for a definite

opinion, anybody should expect him, as he candidly puts it, to "tell a

lie."

As a retiring Congressman he was invited to speak in several places in

the East on behalf of Taylor's candidature; and after Taylor's election

claimed his right as the proper person to be consulted, with certain

others, about Government appointments in Illinois. Taylor carried out

the "spoils system" with conscientious thoroughness; as he touchingly

said, he had thought over the question from a soldier's point of view,

and could not bear the thought that, while he as their chief enjoyed

the Presidency, the private soldiers in the Whig ranks should not get

whatever was going. Lincoln's attitude in the matter may be of

interest. To take an example, he writes to the President, about the

postmastership in some place, that he does not know whether the

President desires to change the tenure of such offices on party

grounds, and offers no advice; that A is a Whig whose appointment is

much desired by the local Whigs, and a most respectable man; that B,

also a Whig, would in Lincoln's judgment be a somewhat better but not

so popular subject for appointment; that C, the present postmaster, is

a Democrat, but is on every ground, save his political party, a proper

person for the office. There was an office which he himself desired,

it was that of "Commissioner of the General Land Office," a new office

in Washington dealing with settlement on Government lands in the West.

He was probably well suited to it; but his application was delayed by

the fact that friends in Illinois wanted the post too; a certain Mr.

Butterfield (a lawyer renowned for his jokes, which showed, it is said,

"at least a well-marked humorous intention") got it; and then it fell

to the lot of the disappointed Lincoln to have to defend Butterfield

against some unfair attack. But a tempting offer was made him, that of

the Governorship of Oregon Territory, and he wavered before refusing to

take work which would, as it happened, have kept him far away when the

opportunity of his life came. It was Mrs. Lincoln who would not let

him cut himself off so completely from politics. As for himself, it is

hard to resist the impression that he was at this time a tired man,

disappointed as to the progress of his career and probably also

disappointed and somewhat despondent about politics and the

possibilities of good service that lay open to politicians. It may be

that this was partly the reason why he was not at all aroused by the

crisis in American politics which must now be related.

2. _California and the Compromise of 1850_.

It has been said that the motive for the conquests from Mexico was the

desire for slave territory. The attractive part of the new dominion

was of course California. Arizona and New Mexico are arid regions, and

the mineral wealth of Nevada was unknown. The peacefully acquired

region of Oregon, far north, need not concern us, but Oregon became a

free State in 1859. Early in the war a struggle began between

Northerners and Southerners (to a large extent independent of party) in

the Senate and the House as to whether slavery should be allowed in the

conquered land or not. David Wilmot, a Northern Democratic

Congressman, proposed a proviso to the very first money grant connected

with the war, that slavery should be forbidden in any territory to be

annexed. The "Wilmot Proviso" was proposed again on every possible

occasion; Lincoln, by the way, sturdily supported it while in Congress;

it was always voted down. Cass proposed as a solution of all

difficulties that the question of slavery should be left to the people

of the new Territories or States themselves. The American public, apt

as condensing an argument into a phrase, dismissed Cass's principle for

the time being with the epithet "squatter sovereignty." Calhoun and

his friends said it was contrary to the Constitution that an American

citizen should not be free to move with his property, including his

slaves, into territory won by the Union. The annexation was carried

out, and the question of slavery was unsettled. Then events took a

surprising turn.

In the winter of 1848 gold was discovered in California. Throughout

1849 gold-seekers came pouring in from every part of the world. This

miscellaneous new people, whose rough ways have been more celebrated in

literature than those of any similar crowd, lived at first in

considerable anarchy, but they determined without delay to set up some

regular system of government. In the course of 1849 they elected a

Convention to draw up a State Constitution, and to the astonishment of

all the States the Convention unanimously made the prohibition of

slavery part of that Constitution. There was no likelihood that, with

a further influx of settlers of the same sort, this decision of

California would alter. Was California to be admitted as a State with

this Constitution of its own choice, which the bulk of the people of

America approved?

To politicians of the school now fully developed in the South there

seemed nothing outrageous in saying that it should be refused

admission. To them Calhoun's argument, which regarded a citizen's

slave as his chattel in the same sense as his hat or walking-stick,

seemed the ripe fruit of logic. It did not shock them in the least

that they were forcing the slave system on an unwilling community, for

were not the Northerners prepared to force the free system? A

prominent Southern Senator, talking with a Northern colleague a little

later, said triumphantly: "I see how it is. You may force freedom as

much as you like, but we are to beware how we force slavery," and was

surprised that the Northerner cheerfully accepted this position. It is

necessary to remember throughout the following years that, whatever

ordinary Southerners thought in private, their whole political action

was now based on the assumption that slavery, as it was, was an

institution which no reasonable man could think wrong.

Zachary Taylor, unlike Harrison, the previous hero of the Whigs,

survived his inauguration by sixteen months. He was no politician at

all, but placed in the position of President, for which fairness and

firmness were really the greatest qualifications, he was man enough to

rely on his own good sense. He had come to Washington under the

impression that the disputes which raged there were due to the

aggressiveness of the North; a very little time there convinced him of

the contrary. Slave-owner as he was, the claim of the South to force

slavery on California struck him as an arrogant pretension, and so far

as matters rested with him, he was simply not to be moved by it. He

sent a message to Congress advising the admission of California with

the constitution of its own choice. When, as we shall shortly see, the

great men of the Senate thought the case demanded conciliation and a

great scheme of compromise, he resolutely disagreed; he used the whole

of his influence against their compromise, and it is believed with good

reason that he would have put his veto as President on the chief

measure in which the compromise issued. If he had lived to carry out

his policy, it seems possible that there would have been an attempt to

execute the threats of secession which were muttered--this time in

Virginia. But it is almost certain that at that time, and with the

position which he occupied, he would have been able to quell the

movement at once. There is nothing to suggest that Taylor was a man of

any unusual gifts of intellect, but he had what we may call character,

and it was the one thing wanting in political life at the time. The

greatest minds in American politics, as we shall see, viewed the

occasion otherwise, but, in the light of what followed, it seems a

signal and irreparable error that, when the spirit of aggression rising

in the South had taken definite shape in a demand which was manifestly

wrongful, it was bought off and not met with a straightforward refusal.

Taylor died in the course of 1850 and Vice-President Millard Fillmore,

of New York, succeeded him. Fillmore had an appearance of grave and

benign wisdom which led a Frenchman to describe him as the ideal ruler

of a Republic, but he was a pattern of that outwardly dignified, yet

nerveless and heartless respectability, which was more dangerous to

America at that period than political recklessness or want of scruple.

The actual issue of the crisis was that the admission of California was

bought from the South by large concessions in other directions. This

was the proposal of Henry Clay, who was now an old man anxious for the

Union, but had been a lover of such compromises ever since he promoted

the Missouri Compromise thirty years ago; but, to the savage

indignation of some of his Boston admirers, Webster used the whole

force of his influence and debating power in support of Clay. The

chief concessions made to the South were two. In the first place

Territorial Governments were set up in New Mexico and Utah (since then

the home of the Mormons) without any restriction on slavery. This

concession was defended in the North on the ground that it was a sham,

because the physical character of those regions made successful slave

plantations impossible there. But it was, of course, a surrender of

the principle which had been struggled for in the Wilmot Proviso during

the last four years; and the Southern leaders showed the clearness of

their limited vision by valuing it just upon that ground. There had

been reason for the territorial concessions to slavery in the past

generation because it was established in the territories concerned; but

there was no such reason now. The second concession was that of a new

Federal law to ensure the return of fugitive slaves from the free

States. The demand for this was partly factitious, for the States in

the far South, which were not exposed to loss of slaves, were the most

insistent on it, and it would appear that the Southern leaders felt it

politic to force the acceptance of the measure in a form which would

humiliate their opponents. There is no escape from the contention,

which Lincoln especially admitted without reserve, that the enactment

of an effective Act of this sort was, if demanded, due under the

provisions of the Constitution; but the measure actually passed was

manifestly defiant of all principles of justice. It was so framed as

almost to destroy the chance which a lawfully free negro might have of

proving his freedom, if arrested by the professional slave-hunters as a

runaway. It was the sort of Act which a President should have vetoed

as a fraud upon the Constitution. Thus over and above the objection,

now plain, to any compromise, the actual compromise proposed was marked

by flagrant wrong. But it was put through by the weight of Webster and

Clay.

This event marks the close of a period. It was the last achievement of

Webster and Clay, both of whom passed away in 1852 in the hope that

they had permanently pacified the Union. Calhoun, their great

contemporary, had already died in 1850, gloomily presaging and

lamenting the coming danger to the Union which was so largely his own

creation. For a while the cheerful view of Webster and Clay seemed

better justified. There had been angry protest in the North against

the Fugitive Slave Law; there was some forcible resistance to arrests

of negroes; and some States passed Protection of Liberty Acts of their

own to impede the Federal law in its working. But the excitement,

which had flared up suddenly, died down as suddenly. In the

Presidential election of 1852 Northerners generally reflected that they

wanted quiet and had an instinct, curiously falsified, that the

Democratic party was the more likely to give it them. The Whigs again

proposed a hero, General Scott, a greater soldier than Taylor, but a

vainer man, who mistakenly broke with all precedent and went upon the

stump for himself. The President who was elected, Franklin Pierce of

New Hampshire, a friend of Hawthorne, might perhaps claim the palm

among the Presidents of those days, for sheer, deleterious

insignificance. The favourite observation of his contemporaries upon

him was that he was a gentleman, but his convivial nature made the

social attractiveness of Southern circles in Washington overpowering to

any brain or character that he may have possessed. A new generation of

political personages now came to the front. Jefferson Davis of

Mississippi, a man of force and considerable dignity, began to take the

leading part in the powerful group of Southern Senators; Stephen

Douglas, of Illinois, rapidly became the foremost man of the Democratic

party generally; William Seward, late Governor of New York, and Salmon

Chase, a Democrat, late Governor of Ohio, had played a manful part in

the Senate in opposition to Webster and Clay and their compromise.

From this time on we must look on these two, joined a little later by

Charles Sumner, of Massachusetts, as the obvious leaders in the

struggle against slavery which was shortly to be renewed, and in which

Lincoln's part seemed likely to remain a humble one.

3. _Lincoln in Retirement_.

Whether Seward and Chase and the other opponents of the Compromise were

right, as it now seems they were, or not, Lincoln was not the man who

in the unlooked-for crisis of 1850 would have been likely to make an

insurrectionary stand against his old party-leader Clay, and the

revered constitutional authority of Webster. He had indeed little

opportunity to do so in Illinois, but his one recorded speech of this

period, an oration to a meeting of both parties on the death of Clay in

1852, expresses approval of the Compromise. This speech, which is

significant of the trend of his thoughts at this time, does not lend

itself to brief extracts because it is wanting in the frankness of his

speeches before and after. A harsh reference to Abolitionists serves

to disguise the fact that the whole speech is animated by antagonism to

slavery. The occasion and the subject are used with rather

disagreeable subtlety to insinuate opposition to slavery into the minds

of a cautious audience. The speaker himself seems satisfied with the

mood of mere compromise which had governed Clay in this matter, or

rather perhaps he is twisting Clay's attitude into one of more

consistent opposition to slavery than he really showed. In any case we

can be quite sure that the moderate and subtle but intensely firm

opinion with which a little later Lincoln returned to political strife

was the product of long and deep and anxious thought during the years

from 1849 to 1854. On the surface it did not go far beyond the

condemnation of slavery and acceptance of the Constitution which had

guided him earlier, nor did it seem to differ from the wide-spread

public opinion which in 1854 created a new party; but there was this

difference that Lincoln had by then looked at the matter in all its

bearings, and prepared his mind for all eventualities. We shall find,

and need not be surprised to find, that he who now hung back a little,

and who later moved when public opinion moved, later still continued to

move when public opinion had receded.

What we know of these years of private life is mainly due to Mr.

William Herndon, the young lawyer already quoted, whom he took into

partnership in 1845, and who kept on the business of the firm in

Springfield till Lincoln's death. This gentleman was, like Boswell, of

opinion that a great man is not best portrayed as a figure in a

stained-glass window. He had lived with Lincoln, groaned under his odd

ways, and loved them, for sixteen years before his Presidency, and

after his death he devoted much research, in his own memory and those

of many others, to the task of substituting for Lincoln's aureole the

battered tall hat, with valuable papers stuck in its lining, which he

had long contemplated with reverent irritation. Mr. Herndon was not

endowed with Boswell's artistic gift for putting his materials

together, perhaps because he lacked that delicacy and sureness of moral

perception which more than redeemed Boswell's absurdities. He

succeeded on the whole in his aim, for the figure that more or less

distinctly emerges from the litter of his workshop is lovable; but in

spite of all Lincoln's melancholy, the dreariness of his life, sitting

with his feet on the table in his unswept and untidy office at

Illinois, or riding on circuit or staying at ramshackle western inns

with the Illinois bar, cannot have been so unrelieved as it is in Mr.

Herndon's presentation. And Herndon overdid his part. He ferreted out

petty incidents which he thought might display the acute Lincoln as

slightly too acute, when for all that can be seen Lincoln acted just as

any sensible man would have acted. But the result is that, in this

part of his life especially, Lincoln's way of living was subjected to

so close a scrutiny as few men have undergone.

Herndon's scrutiny does not reveal the current of his thoughts either

on life generally or on the political problem which hereafter was to

absorb him. It shows on the contrary, and the recollections of his

Presidency confirm it, that his thought on any important topic though

it might flash out without disguise in rare moments of intimacy,

usually remained long unexpressed. His great sociability had perhaps

even then a rather formidable side to it. He was not merely amusing

himself and other people, when he chatted and exchanged anecdotes far

into the night; there was an element, not ungenial, of purposeful study

in it all. He was building up his knowledge of ordinary human nature,

his insight into popular feeling, his rather slow but sure

comprehension of the individual men whom he did know. It astonished

the self-improving young Herndon that the serious books he read were

few and that he seldom seemed to read the whole of them--though with

the Bible, Shakespeare, and to a less extent Burns, he saturated his

mind. The few books and the great many men were part of one study. In

so far as his thought and study turned upon politics it seems to have

led him soon to the conclusion that he had for the present no part to

play that was worth playing. By 1854, as he said himself, "his

profession as a lawyer had almost superseded the thought of politics in

his mind." But it does not seem that the melancholy sense of some

great purpose unachieved or some great destiny awaiting him ever quite

left him. He must have felt that his chance of political fame was in

all appearance gone, and would have liked to win himself a considerable

position and a little (very little) money as a lawyer; but the study,

in the broadest sense, of which these years were full, evidently

contemplated a larger education of himself as a man than professional

keenness, or any such interest as he had in law, will explain.

Middle-aged and from his own point of view a failure, he was set upon

making himself a bigger man.

In some respects he let himself be. His exterior oddities never seem

to have toned down much; he could not be taught to introduce tidiness

or method into his office; nor did he make himself an exact lawyer; a

rough and ready familiarity with practice and a firm grasp of larger

principles of law contented him without any great apparatus of

learning. His method of study was as odd as anything else about him;

he could read hard and commit things to memory in the midst of bustle

and noise; on the other hand, since reading aloud was his chosen way of

impressing what he read on his own mind, he would do it at all sorts of

times to the sore distraction of his partner. When his studies are

spoken of, observation and thought on some plan concealed in his own

mind must be taken to have formed the largest element in these studies.

There was, however, one methodic discipline, highly commended of old

but seldom perhaps seriously pursued with the like object by men of

forty, even self-taught men, which he did pursue. Some time during

these years he mastered the first six Books of Euclid. It would

probably be no mere fancy if we were to trace certain definite effects

of this discipline upon his mind and character. The faculty which he

had before shown of reducing his thought on any subject to the simplest

and plainest terms possible, now grew so strong that few men can be

compared with him in this. He was gaining, too, from some source, what

the ancient geometers would themselves have claimed as partly the

product of their study: the plain fact and its plain consequences were

not only clear in calm hours of thought, but remained present to him,

felt and instinctive, through seasons of confusion, passion, and

dismay. His life in one sense was very full of companionship, but it

is probable that in his real intellectual interests he was lonely. To

Herndon, intelligently interested in many things, his master's mind,

much as he held it in awe, seemed chillingly unpoetic--which is a

curious view of a mind steeped in Shakespeare and Burns. The two

partners had been separately to Niagara. Herndon was anxious to know

what had been Lincoln's chief impression, and was pained by the reply,

"I wondered where all that water came from," which he felt showed

materialism and insensibility. Lincoln's thought had, very obviously,

a sort of poetry of its own, but of a vast and rather awful kind. He

had occasionally written verses of his own a little before this time;

sad verses about a friend who had become a lunatic, wondering that he

should be allowed to outlive his mind while happy young lives passed

away, and sad verses about a visit to old familiar fields in Indiana,

where he wandered brooding, as he says,

"Till every sound appears a knell,

And every spot a grave."

They are not great poetry; but they show a correct ear for verse, and

they are not the verses of a man to whom any of the familiar forms of

poetic association were unusual. They are those of a man in whom the

habitual undercurrent of thought was melancholy.

Apart from these signs and the deep, humorous delight which he

evidently took in his children, there may be something slightly

forbidding in this figure of a gaunt man, disappointed in ambition and

not even happy at home, rubbing along through a rather rough crowd,

with uniform rough geniality and perpetual jest; all the while in

secret forging his own mind into an instrument for some vaguely

foreshadowed end. But there are two or three facts which stand out

certain and have to be taken account of in any image we may be tempted

to form of him. In the first place, his was no forbidding figure at

the time to those who knew him; a queer and a comic figure evidently,

but liked, trusted, and by some loved; reputed for honest dealing and

for kindly and gentle dealing; remarked too by some at that time, as

before and ever after, for the melancholy of his face in repose; known

by us beyond doubt to have gone through great pain; known lastly among

his fellows in his profession for a fire of anger that flashed out only

in the presence of cruelty and wrong.

His law practice, which he pursued with energy, and on which he was

now, it seems, prepared to look as his sole business in life, fitted in

none the less well with his deliberately adopted schemes of

self-education. A great American lawyer, Mr. Choate, assures us that

at the Illinois bar in those days Lincoln had to measure himself

against very considerable men in suits of a class that required some

intellect and training. And in his own way he held his own among these

men. A layman may humbly conjecture that the combination in one person

of the advocate and the solicitor must give opportunities of far truer

intellectual training than the mere advocate can easily enjoy. The

Illinois advocate was not all the time pleading the cause which he was

employed to plead, and which if it was once offered to him it was his

duty to accept; he was the personal adviser of the client whose cause

he pleaded, and within certain limits he could determine whether the

cause was brought at all, and if so whether he should take it up

himself or leave it to another man. The rule in such matters was

elastic and practice varied. Lincoln's practice went to the very limit

of what is permissible in refusing legal aid to a cause he disapproved.

Coming into court he discovered suddenly some fact about his case which

was new to him but which would probably not have justified an English

barrister in throwing up his brief. The case was called; he was

absent; the judge sent to his hotel and got back a message: "Tell the

judge I'm washing my hands." One client received advice much to this

effect: "I can win your case; I can get you $600. I can also make an

honest family miserable. But I shall not take your case, and I shall

not take your fee. One piece of advice I will give you gratis: Go home

and think seriously whether you cannot make $600 in some honest way."

And this habit of mind was beyond his control. Colleagues whom he was

engaged to assist in cases agreed that if a case lost his sympathy he

became helpless and useless in it. This, of course, was not the way to

make money; but he got along and won a considerable local position at

the bar, for his perfect honesty in argument and in statement of fact

was known to have won the confidence of the judges, and a difficult

case which he thought was right elicited the full and curious powers of

his mind. His invective upon occasion was by all accounts terrific.

An advocate glanced at Lincoln's notes for his speech, when he was

appearing against a very heartless swindler and saw that they concluded

with the ominous words, "Skin Defendant." The vitriolic outburst which

occurred at the point thus indicated seems to have been long remembered

by the Illinois bar. To a young man who wished to be a lawyer yet

shrunk from the profession lest it should necessarily involve some

dishonesty Lincoln wrote earnestly and wisely, showing him how false

his impression of the law was, but concluding with earnest entreaty

that he would not enter the profession if he still had any fear of

being led by it to become a knave.

One of his cases is interesting for its own sake, not for his part in

it. He defended without fee the son of his old foe and friend Jack

Armstrong, and of Hannah, who mended his breeches, on a charge of

murder. Six witnesses swore that they had seen him do the deed about

11 P.M. on such and such a night. Cross-examined: They saw it all

quite clearly; they saw it so clearly because of the moonlight. The

only evidence for the defence was an almanac. There had been no moon

that night. Another case is interesting for his sake. Two young men

set up in a farm together, bought a waggon and team from a poor old

farmer, Lincoln's client, did not pay him, and were sued. They had

both been just under twenty-one when they contracted the debt, and they

were advised to plead infancy. A stranger who was present in Court

described afterwards his own indignation as the rascally tale was

unfolded, and his greater indignation as he watched the locally famous

Mr. Lincoln, lying back in his seat, nodding complacently and saying,

"I reckon that's so," as each of the relevant facts was produced, and

the relevant Statute read and expounded. At last, as the onlooker

proceeded to relate, the time came for Lincoln to address the jury,

with whom, by Illinois law, the issue still rested. Slowly he

disengaged his long, lean form from his seat, and before he had got it

drawn out to its height he had fixed a gaze of extraordinary

benevolence on the two disgraceful young defendants and begun in this

strain: "Gentlemen of the Jury, are you prepared that these two young

men shall enter upon life and go through life with the stain of a

dishonourable transaction for ever affixed to them," and so forth at

just sufficient length and with just enough of Shakespearean padding

about honour. The result with that emotional and probably irregular

Western court is obvious, and the story concludes with the quite

credible assertion that the defendants themselves were relieved. Any

good jury would, of course, have been steeled against the appeal, which

might have been expected, to their compassion for a poor and honest old

man. A kind of innocent and benign cunning has been the most engaging

quality in not a few great characters. It is tempting, though at the

risk of undue solemnity, to look for the secret of Lincoln's cunning in

this instance. We know from copybooks and other sources that these two

young men, starting on the down grade with the help of their

blackguardly legal adviser, were objects for pity, more so than the man

who was about to lose a certain number of dollars. Lincoln, as few

other men would have done, felt a certain actual regret for them then

and there; he felt it so naturally that he knew the same sympathy could

be aroused, at least in twelve honest men who already wished they could

find for the plaintiff. It has often been remarked that the cause of

his later power was a knowledge of the people's mind which was

curiously but vitally bound up with his own rectitude.

Any attempt that we may make to analyse a subtle character and in some

respects to trace its growth is certain to miss the exact mark. But it

is in any case plain that Abraham Lincoln left political life in 1849,

a praiseworthy self-made man with good sound views but with nothing

much to distinguish him above many other such, and at a sudden call

returned to political life in 1854 with a touch of something quite

uncommon added to those good sound views.

4. _The Repeal of the Missouri Compromise_.

The South had become captive to politicians, personally reputable and

of some executive capacity, who had converted its natural prejudice

into a definite doctrine which was paradoxical and almost inconceivably

narrow, and who, as is common in such instances of perversion and

fanaticism, knew hardly any scruple in the practical enforcement of

their doctrine. In the North, on the other hand, though there were

some few politicians who were clever and well-intentioned, public

opinion had no very definite character, and public men generally

speaking were flabby. At such a time the sheer adventurer has an

excellent field before him and perhaps has his appointed use.

Stephen Douglas, who was four years younger than Lincoln, had come to

Illinois from the Eastern States just about the time when Lincoln

entered the Legislature. He had neither money nor friends to start

with, but almost immediately secured, by his extraordinary address in

pushing himself, a clerkship in the Assembly. He soon became, like

Lincoln, a lawyer and a legislator, but was on the Democratic side. He

rapidly soared into regions beyond the reach of Lincoln, and in 1847

became a Senator for Illinois, where he later became Chairman of the

Committee on Territories, and as such had to consider the question of

providing for the government of the districts called Kansas and

Nebraska, which lay west and north-west of Missouri, and from which

slavery was excluded by the Missouri Compromise. He was what in

England is called a "Jingo," and was at one time eager to fight this

country for the possession of what is now British Columbia. His short

figure gave an impression of abounding strength and energy which

obtained him the nickname of "the little Giant." With no assignable

higher quality, and with the blustering, declamatory, shamelessly

fallacious and evasive oratory of a common demagogue, he was

nevertheless an accomplished Parliamentarian, and imposed himself as

effectively upon the Senate as he did upon the people of Illinois and

the North generally. He was, no doubt, a remarkable man, with the gift

of attracting many people. A political opponent has described vividly

how at first sight he was instantly repelled by the sinister and

dangerous air of Douglas' scowl; a still stronger opponent, but a

woman, Mrs. Beecher Stowe, seems on the contrary to have found it

impossible to hate him. What he now did displayed at any rate a

sporting quality.

In the course of 1854 Stephen Douglas while in charge of an inoffensive

Bill dealing with the government of Kansas and Nebraska converted it

into a form in which it empowered the people of Kansas at any time to

decide for themselves whether they would permit slavery or not, and in

express terms repealed the Missouri Compromise. With the easy

connivance of President Pierce and the enthusiastic support of the

Southerners, and by some extraordinary exercise of his art as demagogue

and Parliamentarian, he triumphantly ran this measure through.

Just how it came about seems to be rather obscure, but it is easy to

conjecture his motives. Trained in a school in which scruple or

principle were unknown and the man who arrives is the great man,

Douglas, like other such adventurers, was accessible to visions of a

sort. He cared nothing whether negroes were slaves or not, and

doubtless despised Northern and Southern sentiment on that subject

equally; as he frankly said once, on any question between white men and

negroes he was on the side of the white men, and on any question

between negroes and crocodiles he would be on the side of the negroes.

But he did care for the development of the great national heritage in

the West, that subject of an easy but perfectly wholesome patriotic

pride with which we are familiar. It must have been a satisfaction to

him to feel that North and South would now have an equal chance in that

heritage, and also that the white settlers in the West would be

relieved of any restriction on their freedom. None the less his action

was to the last degree reckless. The North had shown itself ready in

1850 to put up with a great deal of quiet invasion of its former

principle, but to lay hands upon the sacred letter of the Act in which

that principle was enshrined was to invite exciting consequences.

The immediate consequences were two-fold. In the first place Southern

settlers came pouring into Kansas and Northern settlers in still larger

numbers (rendered larger still by the help of an emigration society

formed in the North-East for that purpose) came pouring in too. It was

at first a race to win Kansas for slavery or for freedom. When it

became apparent that freedom was winning easily, the race turned into a

civil war between these two classes of immigrants for the possession of

the Territorial government, and this kept on its scandalous and bloody

course for three or four years.

In the second place there was a revolution in the party system. The

old Whig party, which, whatever its tendencies, had avoided having any

principle in regard to slavery, now abruptly and opportunely expired.

There had been an attempt once before, and that time mainly among the

Democrats, to create a new "Free-soil Party," but it had come to very

little. This time a permanent fusion was accomplished between the

majority of the former Whigs in the North and a numerous secession from

among the Northern Democrats. They created the great Republican party,

of which the name and organisation have continued to this day, but of

which the original principle was simply and solely that there should be

no further extension of slavery upon territory present or future of the

United States. It naturally consisted of Northerners only. This was

of course an ominous fact, and caused people, who were too timid either

to join the Republicans or turn Democrat, to take refuge in another

strange party, formed about this time, which had no views about

slavery. This was the "American" party, commonly called the

"Know-Nothing" party from its ridiculous and objectionable secret

organisation. Its principle was dislike of foreign immigrants,

especially such as were Roman Catholics. To them ex-President

Fillmore, protesting against "the madness of the times" when men

ventured to say yes or no on a question relating to slavery, fled for

comfort, and became their candidate for the Presidency at the next

election.

It was in 1854 that Lincoln returned to political life as one of the

founders of the Republican party. But it will be better at once to

deal with one or two later events with which he was not specially

concerned. The Republicans chose as their Presidential candidate in

1856 an attractive figure, John Frémont, a Southerner of French origin,

who had conducted daring and successful explorations in Oregon, had

some hand (perhaps a very important hand) in conquering California from

Mexico, and played a prominent part in securing California for freedom.

The Southern Democrats again secured a Northern instrument in James

Buchanan of Pennsylvania, an elderly and very respectable man, who was

understood to be well versed in diplomatic and official life. He was a

more memorable personage than Pierce. A great chorus of friendly

witnesses to his character has united in ascribing all his actions to

weakness.

Buchanan was elected; but for a brand-new party the Republicans had put

up a very good fight, and they were in the highest of spirits when,

shortly after Buchanan's Inauguration in 1857, a staggering blow fell

upon them from an unexpected quarter. This was nothing less than a

pronouncement by the Chief Justice and a majority of Justices in the

Supreme Court of the United States, that the exclusion of slavery from

any portion of the Territories, and therefore, of course, the whole aim

and object of the Republicans, was, as Calhoun had contended eight or

ten years before, unconstitutional.

Dred Scott was a Missouri slave whose misfortunes it is needless to

compassionate, since, after giving his name to one of the most famous

law cases in history, he was emancipated with his family by a new

master into whose hands he had passed. Some time before the Missouri

Compromise was repealed he had been taken by his master into Minnesota,

as a result of which he claimed that he became, by virtue of the

Missouri Compromise, a free man. His right to sue his master in a

Federal Court rested on the allegation that he was now a citizen of

Missouri, while his master was a citizen of another State. There was

thus a preliminary question to be decided, Was he really a citizen,

before the question, Was he a freeman, could arise at all. If the

Supreme Court followed its established practice, and if it decided

against his citizenship, it would not consider the question which

interested the public, that of his freedom.

Chief Justice Roger Taney may be seen from the refined features of his

portrait and the clear-cut literary style of his famous judgment to

have been a remarkable man. He was now eighty-three, but in unimpaired

intellectual vigour. In a judgment, with which five of his colleagues

entirely concurred and from which only two dissented, he decided that

Dred Scott was not a citizen, and went on, contrary to practice, to

pronounce, in what was probably to be considered as a mere _obiter

dictum_, that Dred Scott was not free, because the Missouri Compromise

had all along been unconstitutional and void. Justices McLean and

Curtis, especially the latter, answered Taney's arguments in cogent

judgments, which it seems generally to be thought were right. Many

lawyers thought so then, and so did the prudent Fillmore. This is one

of the rare cases where a layman may have an opinion on a point of law,

for the argument of Taney was entirely historical and rested upon the

opinion as to negroes and slavery which he ascribed to the makers of

the Constitution and the authors of the Declaration of Independence.

On the question of Scott's citizenship he laid down that these men had

hardly counted Africans as human at all, and used words such as "men,"

"persons," "citizens" in a sense which necessarily excluded the negro.

We have seen already that he was wrong--the Southern politician who

called the words of the Declaration of Independence "a self-evident

lie" was a sounder historian than Taney; but an amazing fact is to be

added: the Constitution, whose authors, according to Taney, could not

conceive of a negro as a citizen, was actually the act of a number of

States in several of which negroes were exercising the full rights of

citizens at the time. It would be easy to bring almost equally plain

considerations to bear against the more elaborate argument of Taney

that the Missouri Compromise was unconstitutional, but it is enough to

say this much: the first four Presidents--that is, all the Presidents

who were in public life when the Constitution was made--had all acted

unhesitatingly upon the belief that Congress had the power to allow or

forbid slavery in the Territories. The fifth, John Quincy Adams, when

he set his hand to Acts involving this principle, had consulted before

doing so the whole of his Cabinet on this constitutional point and had

signed such legislation with the full concurrence of them all. Even

Polk had acted later upon the same view. The Dred Scott judgment would

thus appear to show the penetrating power at that time of an altogether

fantastic opinion.

The hope, which Taney is known to have entertained, that his judgment

would compose excited public opinion, was by no means fulfilled. It

raised fierce excitement. What practical effect would hereafter be

given to the opinion of six out of the nine judges in that Court might

depend on many things. But to the Republicans, who appealed much to

antiquity, it was maddening to be thus assured that their whole

"platform" was unconstitutional. In the long run, there seems to be no

doubt that Taney helped the cause of freedom. He had tried to make

evident the personal sense of compassion for "these unfortunate people"

with which he contemplated the opinion that he ascribed to a past

generation; but he failed to do this, and instead he succeeded in

imparting to the supposed Constitutional view of the slave, as nothing

but a chattel, a horror which went home to many thousands of the

warm-hearted men and women of his country.

For the time, however, the Republicans were deeply depressed, and a

further perplexity shortly befell them. An attempt, to which we must

shortly return, was made to impose the slave system on Kansas against

the now unmistakable will of the majority there. Against this attempt

Douglas, in opposition to whom the Republican party had been formed,

revolted to his lasting honour, and he now stood out for the occasion

as the champion of freedom. It was at this late period of bewilderment

and confusion that the life-story of Abraham Lincoln became one with

the life-story of the American people.

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