CHAPTER IV.

MR. DAVIS IN THE UNITED STATES SENATE, FIRST BY EXECUTIVE APPOINTMENT,

AND SUBSEQUENTLY BY UNANIMOUS CHOICE OF THE LEGISLATURE OF HIS

STATE--POPULAR ADMIRATION NOT LESS FOR HIS CIVIC TALENTS THAN HIS

MILITARY SERVICES--FEATURES OF HIS PUBLIC CAREER--HIS CHARACTER AND

CONDUCT AS A SENATOR--AS AN ORATOR AND PARLIAMENTARY LEADER--HIS

INTREPIDITY--AN INCIDENT WITH HENRY CLAY--DAVIS THE LEADER OF THE

STATES' RIGHTS PARTY IN CONGRESS--THE AGITATION OF 1850--DAVIS OPPOSES

THE COMPROMISE--FOLLY OF THE SOUTH IN ASSENTING TO THAT SETTLEMENT--

DAVIS NOT A DISUNIONIST IN 1850, NOR A REBEL IN 1861--HIS CONCEPTION

OF THE CHARACTER OF THE FEDERAL GOVERNMENT--LOGICAL ABSURDITY OF

CLAY'S POSITION EXPOSED BY DAVIS--THE IDEAL UNION OF THE LATTER--WHY

HE OPPOSED THE COMPROMISE--THE NEW MEXICO BILL--DAVIS' GROWING FAME AT

THIS PERIOD--HIS FREQUENT ENCOUNTERS WITH CLAY, AND WARM FRIENDSHIP

BETWEEN THEM--SIGNAL TRIUMPH OF THE UNION SENTIMENT, AND ACQUIESCENCE

OF THE SOUTH.

Within less than two months from his return to Mississippi, Colonel Davis

was appointed by the Governor of the State to fill the vacancy in the

United States Senate occasioned by the death of General Speight. At a

subsequent session of the Legislature, the selection of the Governor was

confirmed by his unanimous election for the residue of the unexpired term.

Seldom has there been a tender of public honor more deserved by the

recipient, and more cheerfully accorded by the constituent body. It was

the grateful tribute of popular appreciation to the hero who had risked

his life for the glory of his country, and the worthy recognition of

abilities which had been proven adequate to the responsibilities of the

highest civic trust. Doubtless Colonel Davis owed much of the signal

unanimity and enthusiasm which accompanied this expression of popular

favor to his brilliant services in Mexico. The military passion is strong

in the human breast, and the sentiment of homage to prowess, illustrated

on the battle-field and in the face of danger, is one of the few

chivalrous instincts which survive the influence of the sordid vices and

vulgarisms of human nature. In all ages men have declaimed and reasoned

against the expediency of confiding civil authority to the keeping of

soldiers, and have cautioned the masses against the risk of entrusting the

public liberties to the stern and dictatorial will educated in the rugged

discipline and habits of the camp. Yet the masses, in all time, will

continue their awards of distinction to martial exploits with a fervor not

characteristic of their recognition of any other public service.

But the tribute had a higher motive, if possible, than the generous

impulse of gratitude to the "Hero of Buena Vista," in the universal

conviction of his eminent fitness for the position. His service in the

House of Representatives, brief as it was, had designated him, months

before his Mexican laurels had been earned, as a man, not only of mark,

but of promise; of decided and progressive intellectual power; of

pronounced mental and moral individuality.

Of all the public men of America, Jefferson Davis is the least indebted

for his long and noble career of distinction to adventitious influences or

merely temporary popular impulses. The sources of his strength have been

the elements of his character and the resources of his genius. Never

hoping to _stumble_ upon success, by a stolid indifference amid the

fluctuations of fortune, nor engaged in the role of the trimmer, who

adjusts his conduct conformably with every turn of the popular current,

his hopes of success have rested upon the merits of principle alone. He

has succeeded in all things _where success was possible_, and failed, at

last, in contradiction of every lesson of previous experience, with the

light of all history pleading his vindication, and to the disappointment

of the nearly unanimous judgment of disinterested mankind.

A peculiar feature in the public career of Mr. Davis was its steady and

consecutive development. He has accepted service, always and only, in

obedience to the concurrent confidence of his fellow-citizens in his

peculiar qualifications for the emergency. From the beginning he gave the

promise of those high capacities which the fervid eulogy of Grattan

accorded to Chatham--to "strike a blow in the world that should resound

through its history." His first election to Congress was the spontaneous

acknowledgment of the profound impression produced by his earliest

intellectual efforts. The consummate triumph of his genius and valor at

Buena Vista did not exceed the anticipations of his friends, who knew the

ardor and assiduity of his devotion to his cherished science, and now in

the noble arena of the American Senate his star was still to be in the

ascendant.

At the first session of the Thirtieth Congress, Jefferson Davis took his

seat as a Senator of the United States from the State of Mississippi. The

entire period of his connection with the Senate, from 1847 to 1851, and

from 1857 to 1861, scarcely comprises eight years; but those were years

pregnant with the fate of a nation, and in their brief progress he stood

in that august body the equal of giant intellects, and grappled, with the

power and skill of a master, the great ideas and events of those

momentous days. Mr. Davis could safely trust, whatever of ambition he may

cherish for the distinguished consideration of posterity, to a faithful

record of his service in the Senate. His senatorial fame is a beautiful

harmony of the most pronounced and attractive features of the best

parliamentary models. He was as intrepid and defiant as Chatham, but as

scholarly as Brougham; as elegant and perspicuous in diction as Canning,

and often as profound and philosophical in his comprehension of general

principles as Burke; when roused by a sense of injury, or by the force of

his earnest conviction, as much the incarnation of fervor and zeal as

Grattan, but, like Fox, subtle, ready, and always armed _cap a pie_ for

the quick encounters of debate.

Among all the eminent associates of Mr. Davis in that body, there were

very few who possessed his peculiar qualifications for its most

distinguished honors. His character, no less than his demeanor, may be

aptly termed senatorial, and his bearing was always attuned to his noble

conception of the Senate as an august assemblage of the embassadors of

sovereign States. He carried to the Senate the loftiest sense of the

dignity and responsibility of his trust, and convictions upon political

questions, which were the result of the most thorough and elaborate

investigation. Never for one instant varying from the principles of his

creed, he never doubted as to the course of duty; profound, accurate in

information, there was no question pertaining to the science of government

or its administration that he did not illuminate with a light, clear,

powerful, and original.

It has been remarked of Mr. Davis' style as a speaker, that it is "orderly

rather than ornate," and the remark is correct so far as it relates to the

mere statement of the conditions of the discussion. For mere rhetorical

glitter, Mr. Davis' speeches afford but poor models, but for clear logic

and convincing argument, apt illustration, bold and original imagery, and

genuine pathos, they are unsurpassed by any ever delivered in the American

Senate. Though the Senate was, undoubtedly, his appropriate arena as an

orator, and though it may well be doubted whether he was rivaled in

senatorial eloquence by any contemporary, Mr. Davis is hardly less gifted

in the attributes of popular eloquence. Upon great occasions he will move

a large crowd with an irresistible power. As a popular orator, he does not

seek to sway and toss the will with violent and passionate emotion, but

his eloquence is more a triumph of argument aided by an enlistment of

passion and persuasion to reason and conviction. He has less of the

characteristics of Mirabeau, than of that higher type of eloquence, of

which Cicero, Burke, and George Canning were representatives, and which is

pervaded by passion, subordinated to the severer tribunal of intellect. It

was the privilege of the writer, on repeated occasions, during the late

war, to witness the triumph of Mr. Davis' eloquence over a popular

assemblage. Usually the theme and the occasion were worthy of the orator,

and difficult indeed would it be to realize a nobler vision of the majesty

of intellect. To a current of thought, perennial and inexhaustible,

compact, logical and irresistible, was added a fire that threw its warmth

into the coldest bosom, and infused a glow of light into the very core of

the subject. His voice, flexible and articulate, reaching any compass that

was requisite, attitude and gestures, all conspired to give power and

expression to his language, and the hearer was impressed as though in the

presence of the very transfiguration of eloquence. The printed efforts of

Mr. Davis will not only live as memorials of parliamentary and popular

eloquence, but as invaluable stores of information to the political and

historical student. They epitomize some of the most important periods of

American history, and embrace the amplest discussion of an extended range

of subjects pertaining to almost every science.

The development in Mr. Davis of the high and rare qualities, requisite to

parliamentary leadership, was rapid and decisive. His nature instinctively

aspires to influence and power, and under no circumstances could it rest

contented in an attitude of inferiority. Independence, originality, and

intrepidity, added to earnest and intelligent conviction; unwavering

devotion to principle and purpose; a will stern and inexorable, and a

disposition frank, courteous, and generous, are features of character

which rarely fail to make a representative man. After the death of Mr.

Calhoun, he was incomparably the ablest exponent of States' Rights

principles, and even during the life of that great publicist, Mr. Davis,

almost equally with him, shared the labors and responsibilities of

leadership. His personal courage is of that knightly order, which in an

age of chivalry would have sought the trophies of the tourney, and his

moral heroism fixed him immovably upon the solid rock of principle,

indifferent to the inconvenience of being in a minority and in no dread of

the storms of popular passion. His faith in his principles was no less

earnest than his confidence in his ability to triumphantly defend them. In

the midst of the agitation and excitement of 1850, Henry Clay, the Great

Compromiser, whose brilliant but erring genius so long and fatally led

estray, from the correct understanding of the vital issue at stake between

the North and the South, a numerous party of noble and true-hearted

Southern gentlemen, furnished the occasion of an impressive illustration

of this quality. Turning, in debate, to the Mississippi Senator, he

notified the latter of his purpose, at some future day, to debate with him

elaborately, an important question of principle. "Now is the moment," was

the reply of the intrepid Davis, ever eager to champion his beloved and

imperiled South, equally against her avowed enemies, and the not less

fatal policy of those who were but too willing to compromise upon an issue

vital to her rights and dignity. And what a shock of arms might then have

been witnessed, could Clay have dispelled thirty years of his ripe

three-score and ten! Each would have found a foeman worthy of his steel.

In answer to this bold defiance, Clay, like Hotspur, would have rushed to

the charge, with visor up and lance _couchant_; and Davis, another

Saladin, no less frank than his adversary, but far more dexterous, would

have met him with a flash of that Damascus scymetar, whose first blow

severed the neck of the foeman.

That would have been a bold ambition that could demand a formal tender of

leadership from the brilliant array of gallant gentlemen, ripe scholars,

distinguished orators and statesmen, who, for twenty years before the war,

were the valiant champions in Congress of the principles and aspirations

of the South. Yet few will deny the preëminence of Mr. Davis, in the eye

of the country and the world, among States' Rights leaders. Equally with

Mr. Calhoun, as the leader of a great intellectual movement, he stamped

his impress upon the enduring tablets of time.

Like Mr. Calhoun, too, Mr. Davis gave little evidence of capacity or taste

for mere party tactics. Neither would have performed the duties of

drill-sergeant, in local organizations, for the purposes of a political

canvass, so well as hundreds of men of far lighter calibre and less

stability. Happily, both sought and found a more congenial field of

action.

The unexpired term, for which Mr. Davis had been elected in 1847, ended in

1851, and, though he was immediately reëlected, in consequence of his

subsequent resignation his first service in the Senate ended with the term

for which he had first been elected. A recurrence to the records of

Congress will exhibit the eventful nature of this period, especially in

its conclusion. In the earlier portion of his senatorial service, Mr.

Davis participated conspicuously in debate and in the general business of

legislation. Here, as in the House of Representatives, his views upon

military affairs were always received with marked respect, and no measure

looking to the improvement of the army failed to receive his cordial

coöperation.

The extensive conquests of the army in Mexico, and the necessity of

maintaining the authority of the Federal Government in the conquered

country until the objects of the war could be consummated, created

considerable embarrassment. Upon this subject Mr. Davis spoke frequently

and intelligently. His sagacity indicated a policy equally protective of

the advantages which the valor of the army had achieved, and humane to the

conquered. In a debate with Mr. John Bell, in February, 1848, he defined

himself as favoring such a military occupation as would "prevent the

General Government of Mexico, against which this war had been directed,

from reëstablishing its power and again concentrating the scattered

fragments of its army to renew active hostilities against us." He

disclaimed the motive, in this policy, of territorial acquisition, and

earnestly deprecated interference with the political institutions of the

Mexicans. The estimate entertained by the Senate, of his judgment and

information upon military subjects, was indicated by his almost unanimous

election, (thirty-two for Mr. Davis, and five for all others,) during the

session of the Thirty-first Congress, as Chairman of the Committee on

Military Affairs. His speeches on the subject of offering congratulations

to the French people upon their recent successful political revolution,

resulting in the establishment of a republican form of government, the

proposed organization of the territorial government of Oregon, upon

various subjects of practical and scientific interest, and his incidental

discussions of the subject of slavery, were able, eloquent, and

characteristic.

The session of Congress in 1849 and 1850 brought with it a most angry and

menacing renewal of sectional agitation. Previous events and innumerable

indications of popular sentiment had clearly revealed to candid minds,

every-where, that the increasing sectional preponderance of the North, and

its growing hostility to slavery, portended results utterly ruinous to the

rights and institutions of the South. To the South it was literally a

question of vitality, to secure some competent check upon the aggressive

strength of the North. To maintain any thing like a sectional balance, the

South must necessarily secure to her institutions, at least, a fair share

of the common domain to be hereafter created into States. The immense

territorial acquisitions resulting from the Mexican war were now the

subjects of controversy. After a contest, protracted through several

months, and eliciting the most violent exhibitions of sectional feeling, a

plan of adjustment, under the auspices chiefly of Henry Clay, whose fatal

gift was to preserve, for a time, the peace of the country by the

concession of the most precious and vital rights of his section to an

insolent and insatiate fanaticism, was finally reached. This settlement,

known, by way of distinction, as the "Compromise of 1850," averting for

the time the dangers of disunion and civil war, met the approval of the

advocates of expediency, but was opposed, with heroic pertinacity, by Mr.

Davis and his associates of the States' Rights party. They saw the

hollowness of its pretended justice, its utter worthlessness as a

guarantee to the South, and sought to defeat it--first in Congress, and

afterwards by the popular voice. But the sentiment of attachment to the

Union triumphed over every consideration of interest, principle, even

security, and the snare succeeded. Again the South receded, again received

the stone instead of the asked-for loaf, and again did she _compromise_

her most sacred rights and dearest interests, receiving, in return, the

reluctant and insincere guarantee of the recovery of her stolen slaves.

The folly of the South in assenting to this adjustment is now obvious to

the dullest understanding, and subsequent events were swift to vindicate

the wisdom, patriotism, and foresight of Mr. Davis and those who sustained

him in opposition to the much-vaunted Union-saving compromise. Yet, they

were no more disunionists in 1850 than rebels and traitors in 1861. The

charge of disunionism was freely iterated against them, and not without

effect, even in their own section, where the sentimental attachment to the

Union was stronger, just as its sacrifices in behalf of the Union were

greater, than those of the North. Jefferson Davis never was a disunionist,

not even in his subsequent approval of secession, in the sense of a wanton

and treasonable disposition to sever the bonds of that association of

co-equal sovereignties which the founders of the Federal Government

bequeathed to their posterity.

His action, at all times, has been thoroughly consistent with his

declared opinions, and with the earnest attachment to the Union, avowed in

his congressional speeches and in his public addresses every-where. In

1850 and in 1861 his course was the logical sequence of his opinions,

maintained and asserted from his introduction to public life. To save the

Union, upon the only basis upon which it could rest as a guarantee of

liberty,--the basis of absolute equality among the States; to blend

Federal power and States' Rights, was the grand, paramount object to which

all his aspirations and all his investigations of political science were

directed. Repudiating the power of a State to nullify an act of Congress,

and yet not surrender its normal relations as a member of the Union, he

always asserted the right of secession, in the last resort, as an

original, inherent, and vital attribute of State Sovereignty. The Federal

Government, to his mind, was a mere agent of the States, created by them

for a few general and intestate purposes, but having in it no principle

subversive of the paramount sovereignty of the States. Rapidly extending

its power by enactments of Congress and judicial constructions, he

foresaw, and sought to counteract, its tendency to obliterate all State

individuality, and ultimately absorb into its own keeping the liberties of

the people. With dread and indignation, he contemplated its progress

towards that _monstrum horrendum_, a consolidated democracy--the Union of

to-day, in which we see that the _will of the majority is the sole measure

of its powers_.

Such was his consistency, and such his sagacity, as vindicated in the

light of subsequent events, and patent to the eyes of the world to-day.

Who can now doubt which was the better and more logical theory? Clay said:

"I owe allegiance to two sovereignties, and only two: one is to the

sovereignty of this Union, and the other is to the sovereignty of the

State of Kentucky." Thus he held to the paradox of an _imperium in

imperio_, that obvious absurdity in our system of government, a divided

sovereignty. In his ardent Unionism, the great exponent of expediency

disavowed allegiance to the _South_, though still holding to his

allegiance to Kentucky. But suppose Kentucky asserts her sovereignty, and

chooses to unite with the South, what, then, becomes of State Sovereignty

and State allegiance? Just here was the _hiatus_ in Clay's logic, and,

closely pressed by Davis, he emphatically declared his _first_ allegiance

to the Union as the supreme authority; and the State Sovereignty of Clay's

conception was seen to be as intangible and unreal as the "baseless fabric

of a vision."

Far more fair in its semblance, noble in its proportions, and beautiful in

its harmonies, was the ideal of Davis. In his speech on the compromise

measures, July 31, 1850, he said:

"Give to each section of the Union justice; give to every citizen of

the United States his rights as guaranteed by the Constitution; leave

this Confederacy to rest upon that basis from which it arose--the

fraternal feelings of the people--and I, for one, have no fear of its

perpetuity; none that it will not survive beyond the limits of human

speculation, expanding and hardening with the lapse of time, to extend

its blessings to ages unnumbered, and a people innumerable; to include

within its empire all the useful products of the earth, and exemplify

the capacity of a confederacy, with general, well-defined powers, to

extend illimitably without impairing its harmony or its strength."

The grounds of Mr. Davis' opposition to the so-called "Compromise"

programme of Mr. Clay were far otherwise than a factious and impracticable

hostility to an amicable adjustment of sectional differences. He

conscientiously doubted the disposition of the North to abstain from all

future interference with Southern institutions, and he detected and

exposed the utter want of efficacy of the compromise measures as an

assurance of protection against future aggression. He abhorred the

substitution of expediency for principle; could see no _compromise_ where

one side simply _surrendered_ what the other had no right to demand, and

correctly estimated this settlement, like those which had preceded it, as

but an invitation to still more intolerable exactions by an implacable

sectional majority. While discussing, in private conversation with Mr.

Clay, the merits of Mr. Webster's memorable speech of the 7th of March,

1850, a few days after its delivery, he briefly, but sufficiently defined

his position. "Come," said Mr. Clay, "my young friend; join us in these

measures of pacification. Let us rally Congress and the people to their

support, and they will assure to the country thirty years of peace. By

that time" (turning to John M. Berrien, who was a party to the

conversation) "you and I will be under the sod, and my young friend may

then have trouble again." "No," said Davis, "I can not consent to transfer

to posterity a question which is as much ours as theirs, when it is

evident that the sectional inequality, as it will be greater then than

now, will render hopeless the attainment of justice."

His clear, penetrating glance discovered, under the guise of a friendly

and pacific purpose, the insidious presence so mischievous to Southern

interests, just as George Mason, more than fifty years before, had seen

the "poison under the wing of the Federal Constitution." While the bill

for the organization of the Territory of New Mexico was pending, the

vigilance and sagacity of Mr. Davis elicited the most flattering

commendation from his Southern associates. In this bill there was a

general grant, in loose and ambiguous phraseology, of legislative power,

with a reservation that no law should be passed "in respect to African

slavery." Strangely enough, this provision, though obviously involving an

inhibition against the enactment of laws for the protection of Southern

property, escaped general detection. Mr. Davis promptly exposed its

purpose, and offered an amendment, striking out the restraint against

legislation "in respect to African slavery," and prohibiting the enactment

of any law interfering "with those rights of property growing out of the

institution of African slavery as it exists in any of the States of this

Union." To meet the concurrence of other Senators, the amendment was

variously modified, until, as explained by Mr. Davis, it embodied "the

general proposition that the Territorial Legislature should not be

prevented from passing the laws necessary for the protection of the rights

of property of every kind which might be legally and constitutionally held

in that territory." It is needless to say that so just a proposition,

affording equal protection to Southern with Northern institutions, was

defeated.

While there was little in Mr. Clay's plan of pacification to recommend it

to Southern support, beyond the merely temporary staving off of a

dissolution of the Union and civil war, it embodied propositions utterly

incompatible with the security of the South. Mr. Davis especially and

persistently combated its provision for the abolition of the slave-trade

in the District of Columbia, and the concession that slavery did not

legally exist in the newly-acquired territory. His position upon the

general issues involved can not be more clearly and forcibly stated than

in his own language:

"But, sir, we are called upon to receive this as a measure of

compromise!--as a measure in which we of the minority are to receive

something. A measure of compromise! I look upon it as a modest mode of

taking that, the claim to which has been more boldly asserted by

others; and that I may be understood upon this question, and that my

position may go forth to the country in the same columns that convey

the sentiments of the Senator from Kentucky, I here assert that never

will I take less than the Missouri Compromise line to the Pacific

Ocean, with specific right to hold slaves in the territory below that

line; and that before such territories are admitted into the Union as

States, slaves may be taken there from any of the United States, at

the option of the owners. I can never consent to give additional power

to a majority to commit further aggression upon the minority in this

Union; and I will never consent to any proposition which will have

such a tendency without a full guarantee or counteracting measure is

connected with it."

The parliamentary annals of the Union embrace no period more prolific of

grand intellectual efforts than the debates incident to this gigantic

struggle. The prominence of Mr. Davis, with his extreme ardor in behalf of

the rights and interests of his section, brought him constantly into

conflict with the most eminent leaders of both the great political

parties, who had cordially agreed to ignore all minor issues and unite in

the paramount purpose of saving the Union. Cass, Douglas, Bright,

Dickinson, and King, earnestly coöperated with Clay, Webster, and other

Whig champions, in the advocacy of the measures of compromise. That Davis,

younger in years and experience than most of these distinguished men,

amply sustained his honorable and responsible role as the foremost

champion of the South, contemporary public opinion and the Congressional

records give abundant testimony. The great compromise chieftain, between

whom and Davis occurred such obstinate and protracted encounters in

debate, delighted to testify his respect for the talents and intrepidity

of his "young friend," which was his habitual salutation to Davis. Despite

the pronounced antagonism between them, on all measures of public policy,

and their comparatively brief acquaintance, Mr. Clay repeatedly evinced,

in a most touching manner, his warm regard for one who had been the

companion-in-arms and cherished friend of a noble son,[10] who lost his

life on the same field, upon which Davis won such deathless distinction.

"My poor boy," were his words to the latter, upon his return from Mexico,

"usually occupied about one-half of his letters home in praising you." A

still more touching incident, illustrative of his friendly regard, at the

moment not understood by those present, occurred, in the heat of

discussion during the exciting period, which we have had under

consideration. Replying to Davis, said Mr. Clay: "My friend from

Mississippi--and I trust that he will permit me to call him my friend, for

between us there is a tie, the nature of which we both well understand."

At this moment the utterance of the aged statesman became tremulous with

emotion, and, bowing his head, his eyes were seen to fill with tears. This

friendship was warmly reciprocated by Mr. Davis, and its recollections are

among those the most highly-cherished of his public life.

With the defeat of those who had opposed the compromise, terminated, for

the present, Southern resistance in Congress, though it did not for an

instant check Northern aggression. Yet many prominent public characters at

the South, and, as the sequel demonstrated, indorsed by popular

sentiment, avowed themselves fully satisfied with a mere show of triumph

and pretense of justice--a few paltry concessions, not worth the parchment

upon which they were written. In the meantime, upon another arena, Mr.

Davis entered upon a gallant struggle, in opposition to a policy from

which he foresaw and predicted a fruitful yield of disaster in the

future.

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