Chapter VIII. Decline of Popular Sovereignty.

Congress had confessed its incompetency to deal with the Kansas

problem and referred it to the decision of rude squatters on

the frontier. They dealt with this grave congressional question

in characteristic fashion. An Emigrant Aid Society, organized in

Massachusetts, was among the means adopted by the North to colonize

the Territory and mold its institutions. The adventurous frontiersmen

of western Missouri were chiefly relied on by the South to shape

the new State. The Emigrant Society founded the town of Lawrence

and established there a formidable anti-slavery colony. The Missouri

squatters organized a "Self-Defensive Association" and attempted

to drive out the Northern settlers. Elections were held by the

colonists from the North and their Missouri neighbors in which the

Missourians outnumbered their rivals and captured the territorial

government. The Northern colonists organized a State and attempted

to run it. Irregular warfare was maintained between the Lawrence

squatters and the invading Missourians to determine which faction

was entitled to exercise the sovereignty delegated by Congress.

The House passed a bill to admit Kansas with the Constitution

adopted at Topeka by the Northern settlers in their abortive effort

to organize a State. It failed in the Senate and a few days later

the Federal troops dispersed the usurping State legislature. The

Governor seeing that all civil authority was ended, negotiate a

truce between the warring factions, resigned and hastened away from

the scene of the disastrous experiment of Squatter Sovereignty.

The meeting of Congress on December 3rd, 1855, marked another stage

in the great struggle. So completely were the parties disorganized

that it was found impossible to classify this Congress. From

December 3rd to February 2nd the House was unable even to organize

itself. On December 31st the President sent in his message. He

disposed of the overshadowing problem in a few brief words and

devoted the message to ephemeral matters long since as completely

forgotten as himself. Although civil war had been raging in Kansas

for many months and the carnival of crime was still in progress

on that frontier, he gravely assured Congress that it was a matter

of congratulation that the Republic was tranquilly advancing in a

career of prosperity and peace. He told them that the people of

the Territory were clothed with the power of self-government and

that he had not felt justified in interfering with their exercise

of that right. But on January 24th he sent another message announcing

in general terms the disappointment of his hopes and recommending

an enabling act for the admission of Kansas as a State.

The Senate consisted of thirty-four Democrats, twelve Whigs and

thirteen Republicans. Douglas was the recognized leader of the

majority, without whose presence they were unwilling to take any

decisive action. But he was detained by sickness and did not take

his seat until February 11th.

On the 12th of March he presented to the Senate a most elaborate

report from his Committee, together with a bill to authorize the

people of Kansas to organize a State whenever they should number

93,420.

It is impossible to read this report, which was prepared by himself,

without admiring his subtle art and consummate skill. He argued

away the power of Congress to impose restrictions on new States

applying for their admission, other than that the Constitution be

republican in form, and insisted that the people of the Territories

must be left perfectly free to form their own institutions and were

entitled to admission as matter of right. He traced the trouble

to the pernicious activity of the Emigrant Aid Company, which had

attempted to force New England institutions and customs upon the

Territory. He accused this Company of systematic colonization

and drew a moving picture of the march of these political colonists

across Missouri, pouring out their denunciations of slavery,

exhibiting their hostility to the institutions of that State, until

at last the people in alarm resolved on defense. He admitted that

there might be some cause for regret over the occasional errors

and excesses of the Missourians; but it must not be forgotten that

they were defending their internal prosperity and domestic security

against the invasion of New England fanatics, who were bringing

in their grain "the horrors of servile insurrection and intestine

war."

The attempt to organize a State government at Topeka he condemned

as a seditious movement, designed to overthrow the territorial

government and the authority of the United States. He justified

the law referring the question of slavery to the inhabitants, and

traced its failure to the intemperate passions of those who had

precipitated this mad contest for mastery.

Collamer of Vermont presented the minority report, condemning the

violence of the friends of slavery, deploring the fearful results

of the experiment of Squatter Sovereignty and urging speedy admission

of the State. It condemned the provision of the law referring

the question of slavery to the inhabitants and traced the entire

trouble to that blunder.

Sumner at once denounced the report of the majority, intimated

his purpose of properly setting the brand of falsehood upon it in

a subsequent speech, and told them to "begin their game with loaded

dice."

Douglas angrily challenged him to deny a single fact in the report

and said he was ready to overwhelm him with proof. "We are ready

to meet the issue," he said, "and there will be no dodging. We

intend to meet it boldly; to require submission to the laws and

to the constituted authorities; to reduce to subjection those who

resist them, and to punish rebellion and treason. I am glad that

a defiant spirit is exhibited here; we accept the issue."

Two days later Trumbull spoke in unsparing criticism of the report of

the Committee. It happened that Douglas was absent when he began.

Word was carried to him and he hurried to the Senate. When Trumbull

closed and the usual motion to adjourn was made, he protested

against it and denounced the discourtesy of discussing the report

during his absence. He was vexed especially by his colleague's

exasperating statement that was a "life-long Democrat and was

representing the Democracy of Illinois in the Senate." He assured

them that Trumbull was without party standing in that state, and

proposed that they sign a joint resignation, thus submitting their

quarrel to the people. But there was a deeper wound than this which

still rankled, and he turned from his colleague to pour out his

wrath on Sumner for the publication of the "Appeal of the Independent

Democrats," and the old quarrel between them was rehearsed anew

with increasing bitterness on both sides.

On the 20th he spoke for two hours and a half in defense of his

report. Charges of fraud, violence or illegal voting, he said,

were made in but seven of the eighteen election districts into

which Kansas was divided, although ample provisions had been made

for the presentation of protests to the Governor. A large majority

of both branches of the legislature were elected by these eleven

districts where no complaints were made. At least a quorum must

have been legally elected. The minority report charged that on

the day of the territorial election, "large bodies of armed men

from the State of Missouri appeared at the polls in most of the

districts, and by most violent and tumultuous carriage and demeanor,

over-awed the defenseless inhabitants and by their own votes, elected

a large majority of the members of both houses of said Assembly."

But the report contained not a word about the eleven uncontested

districts affected by this invasion. In the eleven uncontested

districts the judges made their returns in due form and, no

protests nor charges of fraud or illegal voting being presented,

the Governor granted certificates of election as a matter of course.

The minority stated that in many districts protest had not been

made because the inhabitants, discouraged and intimidated by the

Missouri invaders, had let the matter pass. Yet at Lawrence and

Leavenworth, the chief centers of the alleged Missouri violence

the people were not intimidated from contesting the election, what

reason was there to suppose that elsewhere, remote from the scene

of trouble, they were so completely conquered that they dared not

protest against their wrongs and petition for redress of their

grievances?

The thirty-three judges appointed by the Government to conduct

the election in the eleven districts, all swore that the returns

contained a true statement of the votes polled by the lawful voters.

The Governor, two weeks after giving certificates of election,

issued his proclamation commanding the members to assemble on the

2d of July. He recognized the legitimacy of the legislature in

his message, invoking the Divine blessing on it and recommending

the passage of important laws. But he afterward quarreled with

the legislature. He then sought to repudiate it and impeach its

validity by charging that it had been elected by Missouri invaders.

The only evidence before the Committee tending to show irregularities

in the election was the hearsay statement of the Governor, which

flatly contradicted his solemn official declarations. The legislature

itself had investigated the elections of all members against whom

contests were filed and its legitimacy was finally and conclusively

established. The malcontents having failed to capture the

legislature, encouraged by Governor Reeder (who had meanwhile been

relieved from office), instituted their rebellious Topeka movement

and, in defiance of the law, attempted to organize a State.

The movement was revolutionary and intended to subvert the existing

Government. Only two laws enacted by the territorial legislature

were complained of as unjust,--that relating to elections and that

relating to slaves. The social, domestic and pecuniary relations

of the people had adjusted themselves to this body of laws which

Congress was asked to annul; and these friends of the negro who had

organized a rebellious State government in his behalf, had adopted

a Constitution which forever excluded him from the State. The

entire trouble in Kansas, he continued, rose not from any vice

inherent in the law, but from abuses of the rights given by it to

the people. The law simply permitted them to form their domestic

institutions in their own way. If that great principle had been

permitted free operation, there would have been no violence or

trouble in Kansas. The good order reigning in Nebraska, where the

law was fairly tried, was sufficient proof of its wisdom.

The opponents of this great principle had insisted on moulding the

State of Kansas from without. Having failed to induce Congress

to interfere in the internal affairs of the Territory, they then

sought to accomplish their purpose by means of a society organized

in Washington and charted in Massachusetts, with several millions

of capital. They had deliberately attempted to discredit the

Kansas-Nebraska bill and its supporters, in order to influence the

approaching presidential election. The whole responsibility for

the disturbance in Kansas rested upon the Massachusetts Emigrant

Aid Company and its affiliated societies. The people of Missouri

never contemplated the invasion of conquest of the Territory. If

they had imitated the example set by New England, they had done

it on the principle of self-defense, and had always been ready

to abandon their counter-movement as soon as the managers of the

New England invasion ceased their efforts to shape the domestic

institutions of the Territory by an unwarranted scheme of foreign

interference. When the cardinal principle of self-government

should be recognized as binding on all, there would be an end of

the slavery controversy, and the occupation of political agitators,

whose hopes of position and promotion depended upon their capacity

to disturb the country, would be gone.

The debate lingered along indecisively through the Spring weeks and

the Senators poured out their mutual recriminations with increasing

bitterness. Personal relations among them were seriously strained.

Both parties were conscious that their constituents shared their

passions and applauded their acrimony.

On the 19th and 20th of May, Sumner delivered his philippic on "The

Crime Against Kansas." The title of the speech was a gratuitous

insult to the power which had held sway in American politics for

fifty years and learned to enjoy that sense of superiority and

sacredness which characterized the hierarchy in the middle ages.

The assaults on brother Senators were brutal. Senator Butler of

South Carolina, a polite, formal gentleman of the old school, was

recognized as the social and intellectual head of the Southern

aristocracy. Douglas, though forever excluded from its inner

circles, was an efficient and useful ally.

These senatorial leaders of the slavery crusade in Kansas were the

victims of Sumner's bitter invective. He referred to them as the

Don Quixote and Sancho Panza of slavery and, as if to prove that

this comparison was not a mere momentary inspiration of playful

humor but the elaboration of malignant hate, he developed the

parallel to its minute details. He described Douglas in his speech

defending his report as "piling one mass of elaborate error on

another mass and constraining himself to unfamiliar decencies of

speech." But he drew hope from the reflection that the Illinois

Senator "is but mortal man; against him is immortal principle.

With finite power he wrestles with the Infinite and he must fall.

Against him are stronger battalions than any marshaled by mortal

arm, the inborn, ineradicable, invincible sentiments of the human

heart; against him is Nature with all her subtle forces; against

him is God. Let him try to subdue these." He compared the Kansas

troubles to the barbarous warfare of the Scottish Highlands when

blackmail was levied and robberies committed by marauders "acting

under the inspiration of the Douglas of other days," and compared

Douglas' recent speech to "the efforts of a distinguished logician

to prove that Napoleon Bonaparte never existed."

Douglas answered with extreme bitterness. He declared that Sumner's

speech had been got up like a Yankee bedquilt by sewing all the old

scraps and patches together. He pronounced his classic quotations

obscene and indecent.

"Is it his object," he asked, "to provoke some of us to kick

him as we would a dog in the street? * * * * * The Senator from

Massachusetts," he declared, "had his speech written, printed,

committed to memory, and practiced every night before the glass,

with a negro boy to hold the candle and watch the gestures." He

charged Sumner with perjury in taking the senatorial oath to his

personal grievance and complained that he had been burned and hung

in effigy under the advice of Sumner and his brother agitators

because of his unswerving devotion to the Constitution.

"I wish," he said, "the Senate to bear in mind that in the many

controversies in which I have been engaged since I have been a member

of this body, I never had one in which I was not first assailed. I

have always stood on the defensive. You arrange it on the opposite

side of the house to set your hounds after me and then complain

when I cuff them over the head and send them back yelping. I never

made an attack on any Senator; I have only repelled attacks." He

warned Sumner that Butler, who was absent during the speech, would

return to speak and act for himself.

Sumner briefly replied, defending himself against the charge

of disloyalty to the Constitution in his unwillingness to support

its fugitive slave clause, by quoting Jackson's famous dictum that

each man swears to support the Constitution as he understands it.

He then turned on Douglas with bitter scorn. He rebuked him for

his coarse personalities unbecoming a Senator and a gentleman.

"Let him remember," he said, "that the bowie-knife and bludgeon

are not the proper emblems of senatorial debate. Let him remember

that the swagger of Bob Acres and the ferocity of the Malay cannot

add dignity to this body. * * * * I will not go into the details

which have flowed out so naturally from his tongue. I only brand

them to his face as false. I say also to that Senator, and I wish

him to bear it in mind, that no person with the upright form of

man can be allowed--" He hesitated in doubt whether to proceed.

"Say it," exclaimed Douglas.

"I will say it," replied Sumner. "No person with the upright form

of man can be allowed, without violation of all decency, to switch

out from his tongue the perpetual stench of offensive personality.

Sir, that is not a proper weapon of debate, at least on this floor.

The noisome, squat and nameless animal to which I now refer is

not a proper model for an American Senator. Will the Senator from

Illinois take notice?"

"I will," answered Douglas, "and therefore will not imitate you in

that capacity, recognizing the force of the illustration."

"Again," replied Sumner, "the Senator has switched his tongue and

again he fills the Senate with its offensive odor."

Two days after the speech, Preston H. Brooks, a relative of

Butler, who represented a district of South Carolina in the House,

entered the Senate Chamber after adjournment and, finding Sumner in

his seat writing, approached him and struck him down with a heavy

cane. There was a brief struggle in which Sumner was stunned and

severely injured.

When the assault occurred Douglas was in the reception room adjoining

the Senate Chamber conversing with friends. A messenger ran in

shouting that someone was beating Mr. Sumner. He rose intending to

interfere in the fray, but, recalling their unpleasant relations,

returned to his seat. When the violence was ended he went to the

Chamber to see the result. Sumner, dazed, bruised and bleeding, had

been helped to his feet and was leaning against a chair. Douglas

cast a momentary glance at the victim of this brutal and cowardly

outrage, then passed on without comment.

On the day before the assault, the Missouri ruffians had sacked the

town of Lawrence. On the day following, John Brown's Pottawotamie

adventure occurred. A crisis was at hand imperiously demanding

more effective action on the part of Congress. The country was

aroused, alarmed and horrified. The Conventions were to be held

in June and it was necessary that the Democrats bestir themselves

and make some disposition of the harassing problem of Kansas.

The existing condition in the hag-ridden Territory was directly

chargeable to a measure whose authorship Douglas had boasted. There

was danger that the tragic failure of his masterpiece of state-craft

would wreck his party and load his own name with odium which even

his rugged vitality could not throw off. Such uncontrollable

passion had been stirred by his pending bill that it seemed prudent

to quietly drop it.

On the 24th of June, Toombs introduced a bill providing for the

taking of a census, the holding of an election of delegates to a

Constitutional Convention, and the orderly organization of a State.

It was referred to Douglas' Committee, which promptly reported

back an amended bill so infinitely better than the measures thus

far attempted that it seemed comparatively just. It provided for

the appointment of commissioners to prepare lists of all citizens

over twenty-one years old resident in the Territory since the 4th

of July, who were to vote at the election; also for the holding of

a Convention, the drafting of a Constitution and the admission of

the State.

There were three objections to the bill. The commissioners were

to be appointed by President Pierce. The 4th of July, from which

residence must date, was a time at which great numbers of Northern

settlers would be absent from the Territory on account of the

turbulence and disorder which had rendered life there not only

uncomfortable but unsafe. Moreover, no express provision was made

for submitting the Constitution to a vote. However, it was regarded

as a concession to the demands of an aroused public, clothed with

the power of promptly and authoritatively expressing its disapproval.

But there were those in the Senate who feared the gift-bearing

Greeks and thought it well, now that the majority had shown some

regard for public opinion, to insist upon an explicit declaration

of their purpose to submit the slavery question to the people of

the Territory fairly and without juggling tricks. On the 2d of

July, Trumbull offered an amendment declaring it to be the true

intent and meaning of the bill organizing the Territory of Kansas

to confer upon the inhabitants "full power at any time, through its

territorial legislature, to exclude slavery from said Territory or

to recognize and regulate it therein."

This amendment seemed with utmost fairness to declare the meaning

of that law precisely as Douglas expounded it. But the South had

already taken the advanced ground that, as the Constitution of the

United States expressly established slavery, it was not within the

power of Congress or its creature, the territorial legislature,

to abolish it. This was not the creed of the Northern Democracy,

which had embraced the popular sovereignty doctrine of Douglas

and Cass. To abandon that doctrine was to alienate the Northern

Democrats and lose the presidential election. To carry it out in

good faith was to surrender Kansas and the remaining Territories to

anti-slavery institutions; for it was already evident that popular

sovereignty meant free States. It was at no time a part of

the serious political philosophy of the South, but the ingenious

invention of the Northern leaders to hold their following. The

South had permitted is Northern allies to give currency to the

doctrine, but the more sagacious saw that it was a failure and

were preparing, when the election was over, to cast it aside and

announce the true Southern dogma, that no sovereignty except that

of a State could forbid slavery anywhere in the Union.

Already the Dred Scott case was pending in the Supreme Court

and had been once argued; but the decision was reserved until the

elections were over and the new President inaugurated. Well informed

Southern statesmen did not doubt that this ultra doctrine of their

party would receive the authoritative sanction of that tribunal

and the temporary scaffolding of popular sovereignty would then be

summarily kicked aside. They could not afford to adopt Trumbull's

declaration of power in the Territory to abolish slavery, for they

secretly expected to establish that it had no such power. They

could not afford to frankly declare against it while still courting

the Northern Democrats. Benjamin, who was an accomplished lawyer,

and with the lawyer's instincts depended more on constitutional

defenses than on wavering popular majorities, moved to add the

words "subject only to the Constitution of the United States." Now

that the Constitution had become the bulwark of slavery, there was

nervous dread that Congress and the people might forget that it

was the supreme law to which all legislation was subject. Douglas

earnestly objected to Trumbull's amendment. He protested against

it as wholly unnecessary. He also voted against it as did the

great majority of the Senators.

The bill passed the Senate by a vote of 33 to 12; but the House

declined to consider it, and on the 3d passed an act to admit Kansas

under the Topeka Constitution. No compromise of differences so

radical was possible. Douglas remarked truly to his biographer

that "it was evident during all the proceedings that the Republicans

were as anxious to keep the Kansas question open as the Democrats

were to close it, in view of the approaching presidential election."

The Life of Stephen A. Douglas · 第 8 / 18 章