CHAPTER VIII

THE SLAVERY QUESTION

The Compromise of 1850, though welcomed on all sides as a final

settlement, failed as completely as the Missouri Compromise had

succeeded. It has already been said that the fault was not in any lack

of skill in the actual framing of the plan. As a piece of political

workmanship it was even superior to Clay's earlier masterpiece, as the

rally to it at the moment of all but the extreme factions, North and

South, sufficiently proves. That it did not stand the wear of a few

years as well as the earlier settlement had stood the wear of twenty was

due to a change in conditions, and to understand that change it is

necessary to take up again the history of the Slavery Question where the

founders of the Republic left it.

It can hardly be said that these great men were wrong in tolerating

Slavery. Without such toleration at the time the Union could not have

been achieved and the American Republic could not have come into being.

But it can certainly be said that they were wrong in the calculation by

means of which they largely justified such toleration not so much to

their critics as to their own consciences. They certainly expected, when

they permitted Slavery for a season, that Slavery would gradually weaken

and disappear. But as a fact it strengthened itself, drove its roots

deeper, gained a measure of moral prestige, and became every year harder

to destroy.

Whence came their miscalculation? In part no doubt it was connected with

that curious and recurrent illusion which postulates in human affairs--a

thing called "Progress." This illusion, though both logically and

practically the enemy of reform--for if things of themselves tend to

grow better, why sweat and agonize to improve them?--is none the less

characteristic, generally speaking, of reforming epochs, and it was not

without its hold over the minds of the American Fathers. But there were

also certain definite causes, some of which they could hardly have

foreseen, some of which they might, which account for the fact that

Slavery occupied a distinctly stronger position halfway through the

nineteenth century than it had seemed to do at the end of the

eighteenth.

The main cause was an observable fact of psychology, of which a thousand

examples could be quoted, and which of itself disposes of the whole

"Progressive" thesis--the ease with which the human conscience gets used

to an evil. Time, so far from being a remedy--as the "Progressives" do

vainly talk--is always, while no remedy is attempted, a factor in favour

of the disease. We have seen this exemplified in the course of the

present war. The mere delay in the punishment of certain gross outrages

against the moral traditions of Europe has made those outrages seem just

a little less horrible than they seemed at first, so that men can even

bear to contemplate a peace by which their authors should escape

punishment--a thing which would have been impossible while the anger of

decent men retained its virginity. So it was with Slavery. Accepted at

first as an unquestionable blot on American Democracy, but one which

could not at the moment be removed, it came gradually to seem something

normal. A single illustration will show the extent of this decline in

moral sensitiveness. In the first days of the Republic Jefferson, a

Southerner and a slave-owner, could declare, even while compromising

with Slavery, that he trembled for his country when he remembered that

God was just, could use of the peril of a slave insurrection this fine

phrase: "The Almighty has no attribute that could be our ally in such a

contest." Some sixty years later, Stephen Douglas, as sincere a democrat

as Jefferson, and withal a Northerner with no personal interest in

Slavery, could ask contemptuously whether if Americans were fit to rule

themselves they were not fit to rule "a few niggers."

The next factor to be noticed was that to which Jefferson referred in

the passage quoted above--the constant dread of a Negro rising. Such a

rising actually took place in Virginia in the first quarter of the

nineteenth century. It was a small affair, but the ghastly massacre of

whites which accompanied it was suggestive of the horrors that might be

in store for the South in the event of a more general movement among the

slaves. The debates which this crisis produced in the Virginian

legislature are of remarkable interest. They show how strong the feeling

against Slavery as an institution still was in the greatest of Slave

States. Speaker after speaker described it as a curse, as a permanent

peril, as a "upas tree" which must be uprooted before the State could

know peace and security. Nevertheless they did not uproot it. And from

the moment of their refusal to uproot it or even to make a beginning of

uprooting it they found themselves committed to the opposite policy

which could only lead to its perpetuation. From the panic of that moment

date the generality of the Slave Codes which so many of the Southern

States adopted--codes deliberately framed to prevent any improvement in

the condition of the slave population and to make impossible even their

peaceful and voluntary emancipation.

There was yet another factor, the economic one, which to most modern

writers, starting from the basis of historical materialism, has

necessarily seemed the chief of all. It was really, I think, subsidiary,

but it was present, and it certainly helped to intensify the evil. It

consisted in the increased profitableness of Slavery, due, on the one

hand, to the invention in America of Whitney's machine for extracting

cotton, and, on the other, to the industrial revolution in England, and

the consequent creation in Lancashire of a huge and expanding market for

the products of American slave labour. This had a double effect. It not

only strengthened Slavery, but also worsened its character. In place of

the generally mild and paternal rule of the old gentlemen-planters came

in many parts of the South a brutally commercial _régime_, which

exploited and used up the Negro for mere profit. It was said that in

this further degradation of Slavery the agents were often men from the

commercial North; nor can this be pronounced a mere sectional slander

in view of the testimony of two such remarkable witnesses as Abraham

Lincoln and Mrs. Beecher Stowe.

All these things tended to establish the institution of Slavery in the

Southern States. Another factor which, whatever its other effects,

certainly consolidated Southern opinion in its defence, was to be found

in the activities of the Northern Abolitionists.

In the early days of the Republic Abolition Societies had existed

mainly, if not exclusively, in the South. This was only natural, for,

Slavery having disappeared from the Northern States, there was no

obvious motive for agitating or discussing its merits, while south of

the Mason-Dixon line the question was still a practical one. The

Southern Abolitionists do not appear to have been particularly unpopular

with their fellow-citizens. They are perhaps regarded as something of

cranks, but as well-meaning cranks whose object was almost everywhere

admitted to be theoretically desirable. At any rate, there is not the

suspicion of any attempt to suppress them; indeed, the very year before

the first number of the _Liberator_ was published in Boston, a great

Conference of Anti-Slavery Societies, comprising delegates from every

part of the South, met at Baltimore, the capital city of the Slave State

of Maryland.

Northern Abolitionism was, however, quite a different thing. It owed its

inception to William Lloyd Garrison, one of those enthusiasts who

profoundly affect history solely by the tenacity with which they hold to

and continually enforce a burning personal conviction. But for that

tenacity and the unquestionable influence which his conviction exerted

upon men, he would be a rather ridiculous figure, for he was almost

every sort of crank--certainly a non-resister, and, I think, a

vegetarian and teetotaller as well. But his burning conviction was the

immorality of Slavery; and by this he meant something quite other than

was meant by Jefferson or later by Lincoln. When these great men spoke

of Slavery as a wrong, they regarded it as a social and political wrong,

an evil and unjust system which the community as a community ought as

soon as possible to abolish and replace by a better. But by Garrison

slave-holding was accounted a personal sin like murder or adultery. The

owner of slaves, unless he at once emancipated them at whatever cost to

his own fortunes, was by that fact a wicked man, and if he professed a

desire for ultimate extinction of the institution, that only made him a

hypocrite as well. This, of course, was absurd; fully as absurd as the

suggestion sometimes made in regard to wealthy Socialists, that if they

were consistent they would give up all their property to the community.

A man living under an economic system reposing on Slavery can no more

help availing himself of its fruits than in a capitalist society he can

help availing himself of capitalist organization. Obviously, unless he

is a multi-millionaire, he cannot buy up all the slaves in the State and

set them free, while, if he buys some and treats them with justice and

humanity, he is clearly making things better for them than if he left

them in the hands of masters possibly less scrupulous. But, absurd as

the thesis was, Garrison pushed it to its wildest logical conclusions.

No Christian Church ought, he maintained, to admit a slave-owner to

communion. No honest man ought to count a slave-owner among his friends.

No political connection with slave-owners was tolerable. The Union,

since it involved such a connection, was "a Covenant with Death and an

Agreement with Hell." Garrison publicly burnt the Constitution of the

United States in the streets of Boston.

Abolitionist propaganda of this kind was naturally possible only in the

North. Apart from all questions of self-interest, no Southerner, no

reasonable person who knew anything about the South, though the

knowledge might be as superficial and the indignation against Slavery as

intense as was Mrs. Beecher Stowe's, could possibly believe the

proposition that all Southern slave-owners were cruel and unjust men.

But that was not all. Garrison's movement killed Southern Abolitionism.

It may, perhaps, be owned that the Southern movement was not bearing

much visible fruit. There was just a grain of truth, it may be, in

Garrison's bitter and exaggerated taunt that the Southerners were ready

enough to be Abolitionists if they were allowed "to assign the guilt of

Slavery to a past generation, and the duty of emancipation to a future

generation." Nevertheless, that movement was on the right lines. It was

on Southern ground that the battle for the peaceful extinction of

Slavery ought to have been fought. The intervention of the North would

probably in any case have been resented; accompanied by a solemn

accusation of specific personal immorality it was maddeningly

provocative, for it could not but recall to the South the history of the

issue as it stood between the sections. For the North had been the

original slave-traders. The African Slave Trade had been their

particular industry. Boston itself, when the new ethical denunciation

came, had risen to prosperity on the profits of that abominable traffic.

Further, even in the act of clearing its own borders of Slavery, the

North had dumped its negroes on the South. "What," asked the

Southerners, "could exceed the effrontery of men who reproach us with

grave personal sin in owning property which they themselves have sold us

and the price of which is at this moment in their pockets?"

On a South thus angered and smarting under what is felt to be undeserved

reproach, yet withal somewhat uneasy in its conscience, for its public

opinion in the main still thought Slavery wrong, fell the powerful voice

of a great Southerner proclaiming it "a positive good." Calhoun's

defence of the institution on its merits probably did much to encourage

the South to adopt a more defiant tone in place of the old apologies for

delay in dealing with a difficult problem--apologies which sounded

over-tame and almost humiliating in face of the bold invectives now

hurled at the slave-owners by Northern writers and speakers. I cannot,

indeed, find that Calhoun's specific arguments, forcible as they

were--and they are certainly the most cogent that can be used in defence

of such a thesis--were particularly popular, or, in fact, were ever used

by any but himself. Perhaps there was a well-founded feeling that they

proved too much. For Calhoun's case was as strong for white servitude as

for black: it was a defence, not especially of Negro Slavery, but of

what Mr. Belloc has called "the Servile State." More general, in the

later Southern defences, was the appeal to religious sanctions, which in

a nation Protestant and mainly Puritan in its traditions naturally

became an appeal to Bible texts. St. Paul was claimed as a supporter of

the fugitive slave law on the strength of his dealings of Onesimus. But

the favourite text was that which condemns Ham (assumed to be the

ancestor of the Negro race) to be "a servant of servants." The

Abolitionist text-slingers were not a whit more intelligent; indeed, I

think it must be admitted that on the whole the pro-Slavery men had the

best of this absurd form of controversy. Apart from isolated texts they

had on their side the really unquestionable fact that both Old and New

Testaments describe a civilization based on Slavery, and that in neither

is there anything like a clear pronouncement that such a basis is

immoral or displeasing to God. It is true that in the Gospels are to be

found general principles or, at any rate, indications of general

principles, which afterwards, in the hands of the Church, proved largely

subversive of the servile organization of society; but that is a matter

of historical, not of Biblical testimony, and would, if followed out,

have led both Northern and Southern controversialists further than

either of them wanted to go.

It would, however, be hasty, I think, to affirm that even to the very

end of these processes a majority of Southerners thought with Calhoun

that Slavery was "a positive good." The furthest, perhaps, that most of

them went was the proposition that it represented the only relationship

in which white and black races could safely live together in the same

community--a proposition which was countenanced by Jefferson and, to a

considerable extent at least, by Lincoln. To the last the full

Jeffersonian view of the inherent moral and social evil of Slavery was

held by many Southerners who were none the less wholeheartedly on the

side of their own section in the sectional dispute. The chief soldier of

the South in the war in which that dispute culminated both held that

view and acted consistently upon it.

On the North the effect of the new propaganda was different, but there

also it tended to increase the antagonism of the sections. The actual

Abolitionists of the school of Garrison were neither numerous nor

popular. Even in Boston, where they were strongest, they were often

mobbed and their meetings broken up. In Illinois, a Northern State, one

of them, Lovejoy, was murdered by the crowd. Such exhibitions of

popular anger were not, of course, due to any love of Slavery. The

Abolitionists were disliked in the North, not as enemies of Slavery but

as enemies of the Union and the Constitution, which they avowedly were.

But while the extreme doctrine of Garrison and his friends met with

little acceptance, the renewed agitation of the question did bring into

prominence the unquestionable fact that the great mass of sober Northern

opinion thought Slavery a wrong, and in any controversy between master

and slave was inclined to sympathize with the slave. This feeling was

probably somewhat strengthened by the publication in 1852 and the

subsequent huge international sale of Mrs. Stowe's "Uncle Tom's Cabin."

The practical effect of this book on history is generally exaggerated,

partially in consequence of the false view which would make of the Civil

War a crusade against Slavery. But a certain effect it undoubtedly had.

To such natural sympathy in the main, and not, as the South believed, to

sectional jealousy and deliberate bad faith, must be attributed those

"Personal Liberty Laws" by which in many Northern States the provision

of the Constitution guaranteeing the return of fugitive slaves was

virtually nullified. For some of the provisions of those laws an

arguable constitutional case might be made, particularly for the

provision which assured a jury trial to the escaped slave. The Negro, it

was urged, was either a citizen or a piece of property. If he were a

citizen, the Constitution expressly safeguarded him against imprisonment

without such a trial. If, on the other hand, he were property, then he

was property of the value of more than $50, and in cases where property

of that value was concerned, a jury was also legally required. If two

masters laid claim to the same Negro the dispute between them would have

to be settled by a jury. Why should it not be so where a master claimed

to own a Negro and the Negro claimed to own himself? Nevertheless, the

effect, and to a great extent the intention, of these laws was to defeat

the claim of _bonâ fide_ owners to fugitive slaves, and as such they

violated at least the spirit of the constitutional compact. They

therefore afforded a justification for Clay's proposal to transfer the

power of recovering fugitive slaves to the Federal authorities. But they

also afforded an even stronger justification for Lincoln's doubt as to

whether the American Commonwealth could exist permanently half slave and

half free.

Finally, among the causes which made a sectional struggle the more

inevitable must be counted one to which allusion has already been made

in connection with the Presidential Election of 1848--the increasingly

patent unreality of the existing party system. I have already said that

a party system can endure only if it becomes unreal, and it may be well

here to make clear how this is so.

Fundamental debates in a Commonwealth must be _settled_, or the

Commonwealth dies. How, for instance, could England have endured if,

throughout the eighteenth century, the Stuarts had alternately been

restored and deposed every seven years? Or, again, suppose a dispute so

fundamental as that between Collectivism and the philosophy of private

property. How could a nation continue to exist if a Collectivist

Government spent five years in attempting the concentration of all the

means of production in the hands of the State and an Anti-Collectivist

Government spent the next five years in dispersing them again, and so on

for a generation? American history, being the history of a democracy,

illustrates this truth with peculiar force. The controversy between

Jefferson and Hamilton was about realities. The Jeffersonians won, and

the Federalist Party disappeared. The controversy between Jackson and

the Whigs was originally also real. Jackson won, and the Whigs would

have shared the fate of the Federalists if they stood by their original

principles and refused to accept the consequences of the Jacksonian

Revolution. As a fact, however, they did accept these consequences and

so the party system endured, but at the expense of its reality. There

was no longer any fundamental difference of principle dividing Whigs

from Democrats: they were divided arbitrarily on passing questions of

policy, picked up at random and changing from year to year. Meanwhile a

new reality was dividing the nation from top to bottom, but was dividing

it in a dangerously sectional fashion, and for that reason patriotism as

well as the requirements of professional politics induced men to veil it

as much as might be. Yet its presence made the professional play-acting

more and more unmeaning and intolerable.

It was this state of things which made possible the curious interlude of

the "Know-Nothing" movement, which cannot be ignored, though it is a

kind of digression from the main line of historical development. The

United States had originally been formed by the union of certain

seceding British colonies, but already, as a sort of neutral ground in

the New World, their territory had become increasingly the meeting-place

of streams of emigration from various European countries. As was

natural, a certain amount of mutual jealousy and antagonism was making

itself apparent as between the old colonial population and the newer

elements. The years following 1847 showed an intensification of the

problem due to a particular cause. That year saw the Black Famine in

Ireland and its aggravation by the insane pedantry and folly of the

British Government. Innumerable Irish families, driven from the land of

their birth, found a refuge within the borders of the Republic. They

brought with them their native genius for politics, which for the first

time found free outlet in a democracy. They were accustomed to act

together and they were soon a formidable force. This force was regarded

by many as a menace, and the sense of menace was greatly increased by

the fact that these immigrants professed a religious faith which the

Puritan tradition of the States in which they generally settled held in

peculiar abhorrence.

The "Know-Nothings" were a secret society and owed that name to the fact

that members, when questioned, professed to know nothing of the ultimate

objects of the organization to which they belonged. They proclaimed a

general hostility to indiscriminate immigration, for which a fair enough

case might be made, but they concentrated their hostility specially on

the Irish Catholic element. I have never happened upon any explanation

of the secrecy with which they deliberately surrounded their aims. It

seems to me, however, that a possible explanation lies on the surface.

If all they had wanted had been to restrict or regulate immigration, it

was an object which could be avowed as openly as the advocacy of a

tariff or of the restriction of Slavery in a territory. But if, as their

practical operations and the general impression concerning their

intentions seem to indicate, the real object of those who directed the

movement was the exclusion from public trust of persons professing the

Catholic religion, then, of course, it was an object which could not be

avowed without bringing them into open conflict with the Constitution,

which expressly forbade such differentiation on religious grounds.

Between the jealousy of new immigrants felt by the descendants of the

original colonists and the religious antagonism of Puritan New England

to the Catholic population growing up within its borders; intensified by

the absence of any genuine issue of debate between the official

candidates, the Know-Nothings secured at the Congressional Election of

1854 a quite startling measure of success. But such success had no

promise of permanence. The movement lived long enough to deal a

death-blow to the Whig Party, already practically annihilated by the

Presidential Election of 1852, wherein the Democrats, benefiting by the

division and confusion of their enemies, easily returned their

candidate, Franklin Pierce.

It is now necessary to return to the Compromise of 1850, hailed at the

time as a final settlement of the sectional quarrel and accepted as such

in the platforms of both the regular political parties. That Compromise

was made by one generation. It was to be administered by another. Henry

Clay, as has already been noted, lived long enough to enjoy his triumph,

not long enough to outlive it. Before a year was out the grave had

closed over Webster. Calhoun had already passed away, bequeathing to

posterity his last hopeless protest against the triumph of all that he

most feared. Congress was full of new faces. In the Senate among the

rising men was Seward of New York, a Northern Whig, whose speech in

opposition to the Fugitive Slave clause in Clay's Compromise had given

him the leadership of the growing Anti-Slavery opinion of the North. He

was soon to be joined by Charles Sumner of Massachusetts, null in

judgment, a pedant without clearness of thought or vision, but gifted

with a copious command of all the rhetoric of sectional hate. The place

of Calhoun in the leadership of the South had been more and more assumed

by a soldier who had been forced to change his profession by reason of

a crippling wound received at Monterey. Thenceforward he had achieved an

increasing repute in politics, an excellent orator, with the sensitive

face rather of a poet than of a man of affairs, vivid, sincere and

careful of honour, though often uncertain in temper and judgment:

Jefferson Davis of Mississippi. But for the moment none of these so

dominated politics as did the Westerner whom Illinois had recently sent

to the Senate--Stephen Douglas, surnamed "the Little Giant."

The physical impression which men seem to have received most forcibly

concerning Douglas, and which was perhaps responsible for his nickname,

was the contrast between his diminutive stature and the enormous power

of his voice--trained no doubt in addressing the monster meetings of the

West, where tens of thousands crowded everywhere to hear him speak.

Along with this went the sense of an overwhelming vitality about the

man; he seemed tingling with excess of life. His strong, square,

handsome face bore a striking resemblance to that of Napoleon Bonaparte,

and there was really something Napoleonic in his boldness, his

instinctive sense of leadership, and his power of dominating weaker men.

Withal he was a Westerner--perhaps the most typical and complete

Westerner in American history, for half of Clay was of Washington, and

Jackson and Lincoln were too great to be purely sectional. He had a

Westerner's democratic feeling and a Westerner's enthusiasm for the

national idea. But, especially, he had a peculiarly Western vision which

is the key to a strangely misunderstood but at bottom very consistent

political career.

This man, more than any other, fills American history during the decade

that intervened between the death of Clay and the election of Lincoln.

That decade is also full of the ever-increasing prominence of the

Slavery Question. It is natural, therefore, to read Douglas's career in

terms of that question, and historians, doing so, have been bewildered

by its apparent inconsistency. Unable to trace any connecting principle

in his changes of front, they have put them down to interested motives,

and then equally unable to show that he himself had anything to gain

from them, have been forced to attribute them to mere caprice. The fact

is that Douglas cannot be understood along those lines at all. To

understand him one must remember that he was indifferent on the Slavery

Question, "did not care," as he said, "whether Slavery was voted up or

voted down," but cared immensely for something else. That something else

was the Westward expansion of the American nation till it should bridge

the gulf between the two oceans. The thought of all those millions of

acres of virgin land, the property of the American Commonwealth, crying

out for the sower and the reaper, rode his imagination as the wrongs of

the Negro slave rode the imagination of Garrison. There is a reality

about the comparison which few will recognize, for this demagogue, whom

men devoted to the Slavery issue thought cynical, had about him also

something of the fanatic. He could forget all else in his one

enthusiasm. It is the key to his career from the day when he entered

Congress clamouring for Oregon or war with England to the day when he

died appealing for soldiers to save the Union in the name of its common

inheritance. And it is surely not surprising that, for the fulfilment of

his vision, he was willing to conciliate the slave-owners, when one

remembers that in earlier days he had been willing to conciliate the

Mormons.

Douglas stands out in history, as we now see it, as the man who by the

Kansas and Nebraska Bill upset the tottering Compromise of 1850. Why did

he so upset it? Not certainly because he wished to reopen the Slavery

Question; nothing is less likely, for it was a question in which he

avowedly felt no interest and the raising of which was bound to unsettle

his plans. Not from personal ambition; for those who accuse him of

having acted as he did for private advantage have to admit that in fact

he lost by it. Why then did he so act? I think we shall get to the root

of the matter if we assume that his motive in introducing his celebrated

Bill was just the avowed motive of that Bill and no other. It was to set

up territorial governments in Kansas and Nebraska. Douglas's mind was

full of schemes for facilitating the march of American civilization

westward, for piercing the prairies with roads and railways, for opening

up communications with Oregon and the Pacific Slope. Kansas and

Nebraska were then the outposts of such expansion. Naturally he was

eager to develop them, to encourage squatters to settle within their

borders, and for that purpose to give them an assured position and a

form of stable government. If he could have effected this without

touching the Slavery Question I think that he would gladly have done so.

And, as a matter of fact, the Nebraska Bill as originally drafted by him

was innocent of the clause which afterwards caused so much controversy.

That clause was forced on him by circumstances.

The greater part of the territory which Douglas proposed to develop lay

within the limits of the Louisiana Purchase and north of latitude 36°

30'. It was therefore free soil by virtue of the Missouri Compromise.

But the Southerners now disputed the validity of that Congressional

enactment, and affirmed their right under the Constitution as they

interpreted it to take and hold their "property" in any territories

belonging to the United States. Douglas had some reason to fear Southern

opposition to his plans on other grounds, for the South would naturally

have preferred that the main road to the Pacific Slope should run from

Tennessee through Arizona and New Mexico to California. If Kansas and

Nebraska were declared closed against slave property their opposition

would be given a rallying cry and would certainly harden. Douglas

therefore proposed a solution which would at any rate get rid of the

Slavery debate so far as Congress was concerned, and which had also a

democratic ring about it acceptable to his Western instincts and, as he

hoped, to his Western following. The new doctrine, called by him that of

"Popular Sovereignty" and by his critics that of "Squatter Sovereignty,"

amounted to this: that the existing settlers in the territories

concerned should, in the act of forming their territorial governments,

decide whether they would admit or exclude Slavery.

It was a plausible doctrine; but one can only vindicate Douglas's

motives, as I have endeavoured to do, at the expense of his judgment,

for his policy had all the consequences which he most desired to avoid.

It produced two effects which between them brought the sectional quarrel

to the point of heat at which Civil War became possible and perhaps

inevitable. It threw the new territories down as stakes to be scrambled

for by the rival sections, and it created by reaction a new party,

necessarily sectional, having for its object the maintenance and

reinforcement of the Missouri Compromise. It will be well to take the

two points separately.

Up to the passing of Kansas and Nebraska Law, these territories had been

populated exactly as such frontier communities had theretofore been

populated, by immigrants from all the States and from Europe who mingled

freely, felt no ill-will to each other, and were early consolidated by

the fact of proximity into a homogeneous community. But from the moment

of its passage the whole situation was altered. It became a political

object to both sections to get a majority in Kansas. Societies were

formed in Boston and other Northern cities to finance emigrants who

proposed to settle there. The South was equally active, and, to set off

against the disadvantage of a less fluid population, had the advantage

of the immediate proximity of the Slave State of Missouri. Such a

contest, even if peaceably conducted, was not calculated to promote

either the reconciliation of the sections or the solidarity and

stability of the new community. But in a frontier community without a

settled government, and with a population necessarily armed for

self-defence, it was not likely to be peaceably conducted. Nor was it.

For years Kansas was the scene of what can only be described as

spasmodic civil war. The Free Soil settlement of Lawrence was, after

some bloodshed, seized and burnt by "border ruffians," as they were

called, from Missouri. The North cried out loudly against "Southern

outrages," but it is fair to say that the outrages were not all on one

side. In fact, the most amazing crime in the record of Kansas was

committed by a Northerner, the notorious John Brown. This man presents

rather a pathological than a historical problem. He had considerable

military talents, and a curious power of persuading men. But he was

certainly mad. A New England Puritan by extraction, he was inflamed on

the subject of Slavery by a fanaticism somewhat similar to that of

Garrison. But while Garrison blended his Abolitionism with the Quaker

dogma of Non-Resistance, Brown blended his with the ethics of a

seventeenth-century Covenanter who thought himself divinely commanded to

hew the Amalakites in pieces before the Lord. In obedience to his

peculiar code of morals he not only murdered Southern immigrants without

provocation, but savagely mutilated their bodies. If his act did not

prove him insane his apology would. In defence of his conduct he

explained that "disguised as a surveyor" he had interviewed his victims

and discovered that every one of them had "committed murder in his

heart."

The other effect of the Kansas-Nebraska policy was the rise of a new

party formed for the single purpose of opposing it. Anti-Slavery parties

had already come into being from time to time in the North, and had at

different times exerted a certain influence on elections, but they made

little headway because they were composed mainly of extremists, and

their aim appeared to moderate men inconsistent with the Constitution.

The attack on the time-honoured Missouri Compromise rallied such men to

the opposition, for it appeared to them clearly that theirs was now the

legal, constitutional, and even conservative side, and that the Slave

Power was now making itself responsible for a revolutionary change to

its own advantage.

Nor was the change on the whole unjust. The programme to which the South

committed itself after the direction of its policy fell from the hands

of Calhoun was one which the North could not fail to resent. It involved

the tearing up of all the compromises so elaborately devised and so

nicely balanced, and it aimed at making Slavery legal certainly in all

the new territories and possibly even in the Free States. It was,

indeed, argued that this did not involve any aggravating of the evil of

Slavery, if it were an evil. The argument will be found very ingeniously

stated in the book which Jefferson Davis subsequently wrote--professedly

a history of the Southern Confederacy, really rather an _Apologia pro

Vita Sua_. Davis argues that since the African Slave Trade was

prohibited, there could be no increase in the number of slaves save by

the ordinary process of propagation. The opening of Kansas to Slavery

would not therefore mean that there would be more slaves. It would

merely mean that men already and in any case slaves would be living in

Kansas instead of in Tennessee; and, it is further suggested, that the

taking of a Negro slave from Tennessee, where Slavery was rooted and

normal, to Kansas, where it was new and exceptional, would be a positive

advantage to him as giving him a much better chance of emancipation. The

argument reads plausibly enough, but it is, like so much of Davis's

book, out of touch with realities. Plainly it would make all the

difference in the world whether the practice of, say, the Catholic

religion were permitted only in Lancashire or were lawful throughout

England, and that even though there were no conversions, and the same

Catholics who had previously lived in Lancashire lived wherever they

chose. The former provision would imply that the British Government

disapproved of the Catholic religion, and would tolerate it only where

it was obliged to do so. The latter would indicate an attitude of

indifference towards it. Those who disapproved of Slavery naturally

wished it to remain a sectional thing and objected to its being made

national. But the primary feeling was that it was the South that had

broken the truce. The Northerners had much justification in saying that

their opponents, if not the aggressors in the Civil War, were at least

the aggressors in the controversy of which the Civil War was the

ultimate outcome.

Under the impulse of such feelings a party was formed which,

adopting--without, it must be owned, any particular appropriateness--the

old Jeffersonian name of "Republican," took the field at the

Presidential Election of 1856. Its real leader was Seward of New York,

but it was thought that electioneering exigencies would be better served

by the selection of Captain Frémont of California, who, as a wandering

discoverer and soldier of fortune, could be made a picturesque figure in

the public eye. Later, when Frémont was entrusted with high military

command he was discovered to be neither capable nor honest, but in 1856

he made as effective a figure as any candidate could have done, and the

results were on the whole encouraging to the new party. Buchanan, the

Democratic candidate, was elected, but the Republicans showed greater

strength in the Northern States than had been anticipated. The Whig

Party was at this election finally annihilated.

The Republicans might have done even better had the decision of the

Supreme Court on an issue which made clear the full scope of the new

Southern claim been known just before instead of just after the

election. This decision was the judgment of Roger Taney, whom we have

seen at an earlier date as Jackson's Attorney-General and Secretary to

the Treasury, in the famous Dred Scott case. Dred Scott was a Negro

slave owned by a doctor of Missouri. His master had taken him for a time

into the free territory of Minnesota, afterwards bringing him back to

his original State. Dred Scott was presumably not in a position to

resent either operation, nor is it likely that he desired to do so.

Later, however, he was induced to bring an action in the Federal Courts

against his master on the ground that by being taken into free territory

he had _ipso facto_ ceased to be a slave. Whether he was put up to this

by the Anti-Slavery party, or whether--for his voluntary manumission

after the case was settled seems to suggest that possibility--the whole

case was planned by the Southerners to get a decision of the territorial

question in their favour, might be an interesting subject for inquiry. I

can express no opinion upon it. The main fact is that Taney, supported

by a bare majority of the judges, not only decided for the master, but

laid down two important principles. One was that no Negro could be an

American citizen or sue in the American courts; the other and more

important that the Constitution guaranteed the right of the slave-holder

to his slaves in all United States territories, and that Congress had no

power to annul this right. The Missouri Compromise was therefore

declared invalid.

Much of the Northern outcry against Taney seems to me unjust. He was

professedly a judge pronouncing on the law, and in giving his ruling he

used language which seems to imply that his ethical judgment, if he had

been called upon to give it, would have been quite different. But,

though he was a great lawyer as well as a sincere patriot, and though

his opinion is therefore entitled to respect, especially from a

foreigner ignorant of American law, it is impossible to feel that his

decision was not open to criticism on purely legal grounds. It rested

upon the assertion that property in slaves was "explicitly recognized"

by the Constitution. If this were so it would seem to follow that since

under the Constitution a man's property could not be taken from him

"without due process of law" he could not without such process lose his

slaves. But was it so? It is difficult, for a layman at any rate, to

find in the Constitution any such "explicit recognition." The slave is

there called a "person" and defined as a "person bound to service or

labour" while his master is spoken of as one "to whom such service or

labour may be due." This language seems to suggest the relation of

creditor and debtor rather than that of owner and owned. At any rate,

the Republicans refused to accept the judgment except so far as it

determined the individual case of Dred Scott, taking up in regard to

Taney's decision the position which, in accordance with Taney's own

counsel, Jackson had taken up in regard to the decision which affirmed

the constitutionality of a bank.

Douglas impetuously accepted the decision and, forgetting the precedent

of his own hero Jackson, denounced all who challenged it as wicked

impugners of lawful authority. Yet, in fact, the decision was as fatal

to his own policy as to that of the Republicans. It really made "Popular

Sovereignty" a farce, for what was the good of leaving the question of

Slavery to be settled by the territories when the Supreme Court declared

that they could only lawfully settle it one way? This obvious point was

not lost upon the acute intelligence of one man, a citizen of Douglas's

own State and one of the "moderates" who had joined the Republican Party

on the Nebraska issue.

Abraham Lincoln was by birth a Southerner and a native of Kentucky, a

fact which he never forgot and of which he was exceedingly proud. After

the wandering boyhood of a pioneer and a period of manual labour as a

"rail-splitter" he had settled in Illinois, where he had picked up his

own education and become a successful lawyer. He had sat in the House of

Representatives as a Whig from 1846 to 1848, the period of the Mexican

War, during which he had acted with the main body of his party, neither

defending the whole of the policy which led to the war nor opposing it

to the extent of refusing supplies for its prosecution. He had voted,

as he said, for the Wilmot Proviso "as good as fifty times," and had

made a moderate proposition in relation to Slavery in the district of

Columbia, for which Garrison's _Liberator_ had pilloried him as "the

Slave-Hound of Illinois." He had not offered himself for re-election in

1848. Though an opponent of Slavery on principle, he had accepted the

Compromise of 1850, including its Fugitive Slave Clauses, as a

satisfactory all-round settlement, and was, by his own account, losing

interest in politics when the action of Douglas and its consequences

called into activity a genius which few, if any, had suspected.

A man like Lincoln cannot be adequately described in the short space

available in such a book as this. His externals are well appreciated,

his tall figure, his powerful ugliness, his awkward strength, his racy

humour, his fits of temperamental melancholy; well appreciated also his

firmness, wisdom and patriotism. But if we wish to grasp the peculiar

quality which makes him almost unique among great men of action, we

shall perhaps find the key in the fact that his favourite private

recreation was working out for himself the propositions of Euclid. He

had a mind not only peculiarly just but singularly logical, one might

really say singularly mathematical. His reasoning is always so good as

to make his speeches in contrast to the finest rhetorical oratory a

constant delight to those who have something of the same type of mind.

In this he had a certain affinity with Jefferson. But while in

Jefferson's case the tendency has been to class him, in spite of his

great practical achievements, as a mere theorizer, in Lincoln it has

been rather to acclaim him as a strong, rough, practical man, and to

ignore the lucidity of thought which was the most marked quality of his

mind.

He was eminently practical; and he was not less but more practical for

realizing the supreme practical importance of first principles.

According to his first principles Slavery was wrong. It was wrong

because it was inconsistent with the doctrines enunciated in the

Declaration of Independence in which he firmly believed. Really good

thinking like Lincoln's is necessarily outside time, and therefore he

was not at all affected by the mere use and wont which had tended to

reconcile so many to Slavery. Yet he was far from being a fanatical

Abolitionist. Because Slavery was wrong it did not follow that it should

be immediately uprooted. But it did follow that whatever treatment it

received should be based on the assumption of its wrongness. An

excellent illustration of his attitude of mind will be found in the

exact point at which he drew the line. For the merely sentimental

opponent of Slavery, the Fugitive Slave Law made a much more moving

appeal to the imagination than the extension of Slavery in the

territories. Yet Lincoln accepted the Fugitive Slave Law. He supported

it because, as he put it, it was "so nominated in the bond." It was part

of the terms which the Fathers of the Republic, disapproving of Slavery,

had yet made with Slavery. He also, disapproving of Slavery, could

honour those terms. But it was otherwise in regard to the territorial

controversy. Douglas openly treated Slavery not as an evil difficult to

cure, but as a thing merely indifferent. Southern statesmen were

beginning to echo Calhoun's definition of it as "a positive good." On

the top of this came Taney's decision making the right to own slaves a

fundamental part of the birthright of an American citizen. This was much

more important than the most drastic Fugitive Slave Law, for it

indicated a change in first principles.

This is the true meaning of his famous use of the text "a house divided

against itself cannot stand," and his deduction that the Union could not

"permanently exist half slave and half free." That it had so existed for

eighty years he admitted, but it had so existed, he considered, because

the Government had acted on the first principle that Slavery was an evil

to be tolerated but curbed, and the public mind had "rested in the

belief that it was in process of ultimate extinction." It was now, as it

seemed, proposed to abandon that principle and assume it to be good or

at least indifferent. If _that_ principle were accepted there was

nothing to prevent the institution being introduced not only into the

free territories but into the Free States. And indeed the reasoning of

Taney's judgment, though not the judgment itself, really seemed to point

to such a conclusion.

Lincoln soon became the leader of the Illinois Republicans, and made

ready to match himself against Douglas when the "Little Giant" should

next seek re-election. Meanwhile a new development of the Kansas affair

had split the Democratic Party and ranged Senator Douglas and President

Buchanan on opposite sides in an open quarrel. The majority of the

population now settled in Kansas was of Northern origin, for the

conditions of life in the North were much more favourable to emigration

into new lands than those of the slave-owning States. Had a free ballot

been taken of the genuine settlers there would certainly have been a

large majority against Slavery. But in the scarcely disguised civil war

into which the competition for Kansas had developed, the Slave-State

party had the support of bands of "border ruffians" from the

neighbouring State, who could appear as citizens of Kansas one day and

return to their homes in Missouri the next. With such aid that party

succeeded in silencing the voices of the Free State men while they held

a bogus Convention at Lecompton, consisting largely of men who were not

really inhabitants of Kansas at all, adopted a Slave Constitution, and

under it applied for admission to the Union. Buchanan, who, though a

Northerner, was strongly biassed in favour of the Slavery party, readily

accepted this as a _bonâ fide_ application, and recommended Congress to

accede to it. Douglas was much better informed as to how things were

actually going in Kansas, and he felt that if the Lecompton Constitution

were acknowledged his favourite doctrine of Popular Sovereignty would be

justly covered with odium and contempt. He therefore set himself against

the President, and his personal followers combined with the Republicans

to defeat the Lecompton proposition.

The struggle in Illinois thus became for Douglas a struggle for

political life or death. At war with the President and with a large

section of his party, if he could not keep a grip on his own State his

political career was over. Nor did he underrate his Republican opponent;

indeed, he seems to have had a keener perception of the great qualities

which were hidden under Lincoln's rough and awkward exterior than anyone

else at that time exhibited. When he heard of his candidature he looked

grave. "He is the strongest man of his party," he said, "and thoroughly

honest. It will take us all our time to beat him."

It did. Douglas was victorious, but only narrowly and after a

hard-fought contest. The most striking feature of that contest was the

series of Lincoln-Douglas debates in which, by an interesting innovation

in electioneering, the two candidates for the Senatorship contended face

to face in the principal political centres of the State. In reading

these debates one is impressed not only with the ability of both

combatants, but with their remarkable candour, good temper and even

magnanimity. It is very seldom, if ever, that either displays malice or

fails in dignity and courtesy to his opponent. When one remembers the

white heat of political and sectional rivalry at that time--when one

recalls some of Sumner's speeches in the Senate, not to mention the

public beating which they brought on him--it must be confessed that the

fairness with which the two great Illinois champions fought each other

was highly to the honour of both.

Where the controversy turned on practical or legal matters the

combatants were not ill-matched, and both scored many telling points.

When the general philosophy of government came into the question

Lincoln's great superiority in seriousness and clarity of thought was at

once apparent. A good example of this will be found in their dispute as

to the true meaning of the Declaration of Independence. Douglas denied

that the expression "all men" could be meant to include Negroes. It only

referred to "British subjects in this continent being equal to British

subjects born and residing in Great Britain." Lincoln instantly knocked

out his adversary by reading the amended version of the Declaration: "We

hold these truths to be self-evident, that all British subjects who were

on this Continent eighty-one years ago were created equal to all British

subjects born and then residing in Great Britain." This was more than a

clever debating point. It was a really crushing exposure of intellectual

error. The mere use of the words "truths" and "self-evident" and their

patently ridiculous effect in the Douglas version proves conclusively

which interpreter was nearest to the mind of Thomas Jefferson. And the

sense of his superiority is increased when, seizing his opportunity, he

proceeds to offer a commentary on the Declaration in its bearing on the

Negro Question so incomparably lucid and rational that Jefferson himself

might have penned it.

In the following year an incident occurred which is of some historical

importance, not because, as is sometimes vaguely suggested, it did

anything whatever towards the emancipation of the slaves, but because it

certainly increased, not unnaturally, the anger and alarm of the South.

Old John Brown had suspended for a time his programme of murder and

mutilation in Kansas and returned to New England, where he approached a

number of wealthy men of known Abolitionist sympathies whom he persuaded

to provide him with money for the purpose of raising a slave

insurrection. That he should have been able to induce men of sanity and

repute to support him in so frantic and criminal an enterprise says much

for the personal magnetism which by all accounts was characteristic of

this extraordinary man. Having obtained his supplies, he collected a

band of nineteen men, including his own sons, with which he proposed to

make an attack on the Government arsenal at Harper's Ferry in Virginia,

which, when captured, he intended to convert into a place of refuge and

armament for fugitive slaves and a nucleus for the general Negro rising

which he expected his presence to produce. The plan was as mad as its

author, yet it is characteristic of a peculiar quality of his madness

that he conducted the actual operations not only with amazing audacity

but with remarkable skill, and the first part of his programme was

successfully carried out. The arsenal was surprised, and its sleeping

and insufficient garrison overpowered. Here, however, his success ended.

No fugitives joined him, and there was not the faintest sign of a slave

rising. In fact, as Lincoln afterwards said, the Negroes, ignorant as

they were, seem to have had the sense to see that the thing would come

to nothing. As soon as Virginia woke up to what had happened troops were

sent to recapture the arsenal. Brown and his men fought bravely, but the

issue could not be in doubt. Several of Brown's followers and all his

sons were killed. He himself was wounded, captured, brought to trial

and very properly hanged--unless we take the view that he should rather

have been confined in an asylum. He died with the heroism of a fanatic.

Emerson and Longfellow talked some amazing nonsense about him which is

frequently quoted. Lincoln talked some excellent sense which is hardly

ever quoted. And the Republican party was careful to insert in its

platform a vigorous denunciation of his Harper's Ferry exploit.

Both sides now began to prepare for the Presidential Election of 1860.

The selection of a Republican candidate was debated at a large and

stormy Convention held in Chicago. Seward was the most prominent

Republican politician, but he had enemies, and for many reasons it was

thought that his adoption would mean the loss of available votes. Chase

was the favourite of the Radical wing of the party, but it was feared

that the selection of a man who was thought to lean to Abolitionism

would alienate the moderates. To secure the West was an important

element in the electoral problem, and this, together with the zealous

backing of his own State, within whose borders the Convention met, and

the fact that he was recognized as a "moderate," probably determined the

choice of Lincoln. It does not appear that any of those who chose him

knew that they were choosing a great man. Some acute observers had

doubtless noted the ability he displayed in his debates with Douglas,

but in the main he seems to have been recommended to the Chicago

Convention, as afterwards to the country, mainly on the strength of his

humble origin, his skill as a rail-splitter, and his alleged ability to

bend a poker between his fingers.

While the Republicans were thus choosing their champion, much fiercer

quarrels were rending the opposite party, whose Convention met at

Charleston. The great majority of the Northern delegates were for

choosing Douglas as candidate, and fighting on a programme of "popular

sovereignty." But the Southerners would not hear of either candidate or

programme. His attitude on the Lecompton business was no longer the only

count against Douglas. The excellent controversial strategy of Lincoln

had forced from him during the Illinois debates an interpretation of

"popular sovereignty" equally offensive to the South. Lincoln had asked

him how a territory whose inhabitants desired to exclude Slavery could,

if the Dred Scott decision were to be accepted, lawfully exclude it.

Douglas had answered that it could for practical purposes exclude it by

withholding legislation in its support and adopting "unfriendly

legislation" towards it. Lincoln at once pointed out that Douglas was

virtually advising a territorial government to nullify a judgment of the

Supreme Court. The cry was caught up in the South and was fatal to

Douglas's hopes of support from that section.

The Charleston Convention, split into two hostile sections, broke up

without a decision. The Douglas men, who were the majority, met at

Baltimore, acclaimed him as Democratic candidate and adopted his

programme. The dissentients held another Convention at Charleston and

adopted Breckinridge with a programme based upon the widest

interpretation of the Dred Scott judgment. To add to the multiplicity of

voices the rump of the old Whig Party, calling themselves the party of

"the Union, the Constitution and the Laws," nominated Everett and Bell.

The split in the Democratic Party helped the Republicans in another than

the obvious fashion of giving them the chance of slipping in over the

heads of divided opponents. It helped their moral position in the North.

It deprived the Democrats of their most effective appeal to Union-loving

men--the assertion that their party was national while the Republicans

were sectional. For Douglas was now practically as sectional as Lincoln.

As little as Lincoln could he command any considerable support south of

the Potomac. Moreover, the repudiation of Douglas seemed to many

Northerners to prove that the South was arrogant and unreasonable beyond

possibility of parley or compromise. The wildest of her protagonists

could not pretend that Douglas was a "Black Abolitionist," or that he

meditated any assault upon the domestic institutions of the Southern

States. If the Southerners could not work with him, with what

Northerner, not utterly and unconditionally subservient to them, could

they work? It seemed to many that the choice lay between a vigorous

protest now and the acceptance of the numerically superior North of a

permanently inferior position in the Confederation.

In his last electoral campaign the "Little Giant" put up a plucky fight

against his enemies North and South. But he had met his Waterloo. In the

whole Union he carried but one State and half of another. The South was

almost solid for Breckinridge. The North and West, from New England to

California, was as solid for Lincoln. A few border States gave their

votes for Everett. But, owing to the now overwhelming numerical

superiority of the Free States, the Republicans had in the Electoral

College a decided majority over all other parties.

Thus was Abraham Lincoln elected President of the United States. But

many who voted for him had hardly recorded their votes before they

became a little afraid of the thing they had done. Through the whole

continent ran the ominous whisper: "What will the South do?"

And men held their breath, waiting for what was to follow.

A History of the United States(#24062) · 第 8 / 12 章