Chapter XVI. The South Rejects Popular Sovereignty.

Although victorious in the greatest battle of his life the position

of Douglas was not easy. The people of Illinois were evidently no

longer in sympathy with him. The Buchanan Administration and the

Southern extremists had openly declared war on him for his cool

indifference to the special interests of the South, his carelessness

whether slavery was voted up or voted down in the Territories, and

his hostility to their plans for planting it in Kansas. He was

preparing for his last struggle for the Presidency. Having won

this doubtful victory at home, he decided to make a tour of the

South in the hope of stimulating its waning enthusiasm. In order

to hold the Senatorship it had been necessary to please Illinois,

even though the South were alienated. In order to win the Presidency

he now resolved to satisfy the South, even though he offended

Illinois. Moreover, being at war with the Administration, he

hoped to return to Washington with the prestige of a re-election

and a great Southern ovation. He intended to force Buchanan and

his Cabinet to sue for peace. He was political strategist enough

to understand the importance of a bold front and an imposing display

of power at the outset of his next campaign.

He took boat at St. Louis for New Orleans and enjoyed the leisurely

autumn trip down the River. He spoke at Memphis on November

29th, and at New Orleans on December 6th. He sailed to Havana and

thence to New York, where he received a royal welcome. On reaching

Philadelphia he was formally welcomed at Independence Hall. He

then went to Baltimore and spoke in Monument Square on the evening

of January 5th, returning to Washington next day. On the 10th he

resumed his seat in the Senate.

He had told the people of Illinois that, in spite of the Constitution,

the Supreme Court, the President and Congress, it was within the

power of the inhabitants of a Territory to prohibit slavery by their

unfriendly attitude. This doctrine was utterly abhorrent to the

South, which now rested its entire case on the judicial interpretation

of the Constitution and regarded all attempts to evade the full

force of the Dred Scott decision as little less than treason. The

net result of the struggles of a decade had been the establishment

of a principle that the Constitution carried slavery with it wherever

it went. To lightly treat the Constitution as a thing that could

be quietly defied and annulled by the squatters, was to strip their

great victory of all value and snatch from them the fruit of their

labors. Had this doctrine of local nullification been sound, it

was not to be expected that it would be received with enthusiasm

or even with patience by men whose dearest hopes it must obviously

defeat and whose subtle art and long protracted labors it utterly

thwarted. But that daring sophism which attacked the very foundation

of all legal authority, did violence to every sound principle of

philosophy, and was utterly subversive of the peculiar and cherished

doctrines of the South, should have been resorted to by Douglas to

avoid defeat in Illinois, was viewed as a shameless outrage. It

was believed that he had sacrificed their sacred cause in order to

avoid a local reverse; that his seat in the Senate was dearer to

him than their most valued interests.

It was probable that in his eagerness to win the Illinois campaign

he had not considered seriously the irreconcilable repugnance of

his distinctive dogma to the compact body of Southern political

philosophy. It was now necessary to present it to the South in

such dress that it might, if possible, gain acceptance, at least

that it might not shock the deepest prejudices of that section.

In addressing his Southern audiences he attempted to take the

sting out of his obnoxious doctrine by showing that it was entirely

harmless. The people of the Territories, he said, doubtless had

the practical power, in spite of the Constitution, statutes and

decisions, to exclude slavery by their unfriendly attitude toward

it. But what would determine their attitude? Clearly their selfish

interests. If slavery would be profitable, their attitude would be

friendly and it would take root and flourish under the protection of

the law. If by reason of soil or climate it would be unprofitable,

their attitude would be unfriendly and neither laws nor Constitutions

could successfully foster it. But it could not injure the South

to exclude slavery from regions where it could only be maintained

at a loss. It was not a question of ethics, but purely of physical

geography. Where soil and climate rendered it profitable, it would

spring up in precisely the same way as pine trees or maize.

But it was clear to his keen eye that these feats of ingenuity

were taken at their real worth. While the people treated him with

gracious courtesy, they prudently reserved their judgement. They

paid generous honor to the great leader whom they would gladly use

but dared not trust. He had chosen to hold Illinois and had lost

the South.

While he was vainly trying to woo back the alienated South,

a significant event occurred in Washington. When the Senate was

organized during his absence, he was removed from the chairmanship

of the Committee on Territories, which he had held since his first

election. This was done by the Democratic caucus and indicated a

deeper resentment than he had suspected. The Puritans of Illinois

had once risen in insurrection against him. The Cavaliers of the

South were now sternly protesting against his easy political morals.

For six weeks he preserved almost complete silence. His situation

was anomalous. The quarrel with the Administration was implacable.

A few months before, the Republicans were inclined to court him;

but the desperate battle with Lincoln had made it clear that his

quarrel with them was on perennial questions of principle. Solitary

and out of touch with all parties, he was yet recognized as the

chief of the Northern Democrats and a formidable candidate for the

Presidency.

While diplomatically awaiting developments, he was suddenly drawn into

an important debate. On February 23rd Senator Brown of Mississippi

discussed with great plainness his attitude on the slavery question.

With ill concealed contempt for men whose opinions shaped themselves

to suit the demands of political strategy he said:

"I at least am no spoilsman. I would rather settle one sound

principle in a presidential contest than secure all the patronage

of all the Presidents who have ever been elected to or retired

from the office. * * * The Constitution never gave us rights and

denied us the means of protecting and defending those rights. The

Supreme Court has decided that we have a right to carry our slaves

into the Territories and, necessarily, to have them protected after

we get there. * * * I neither want to cheat nor to be cheated in

the great contest that is to come off in 1860. * * * I think I

understand the position of the Senator from Illinois and I dissent

from it. * * * He thinks that a territorial legislature may, by

non-action or unfriendly action, rightfully exclude slavery. I

do not think so. * * * * The Senator from Illinois thinks the

territorial legislature has the right, by non-action or by unfriendly

action to exclude us with our slaves. * * * We have a right of

protection for our slave property in the Territories. The Constitution

as expounded by the Supreme Court awards it. We demand it, and we

mean to have it."

Douglas at once answered. He said that his obnoxious doctrine

only meant that the territorial legislature by the exercise of the

taxing power and other functions within the limits of the Constitution

could adopt unfriendly legislation which would practically drive

slavery out. The real demand of the South was for a congressional

slave code for the Territories. But no Northern man, whether Democrat

or Republican, would ever vote for such a code. The inhabitants

would protect slavery if they wanted it, if the climate were

such that they could not cultivate the soil without it. It was a

question of climate, of production, of self-interest, and not of

constitutional law. The slave owner had no higher rights than the

owner of liquor or inferior cattle, which the territorial legislature

could exclude. Under the doctrine of the Kansas-Nebraska act the

Territories had the right to pass such laws as they pleased, subject

only to the Constitution.

If their laws conflicted with that it was the business, not of

Congress, but of the Courts to decide their nullity. When Buchanan

accepted the nomination in 1856, he declared that the people of

a Territory, like those of a State, should decide for themselves

whether slavery should exist within its limits. He could not have

carried half the Democratic vote in any free State if the people had

not so understood him. "I intend to use language," he continued,

"which can be repeated in Chicago as well as in New Orleans, in

Charleston as well as in Boston. * * * No political creed is sound

or safe which cannot be proclaimed in the same sense wherever the

American Flag waves over American soil. If the North and the South

cannot come to a common ground on the slavery question the sooner

we know it the better. * * * I tell you, gentlemen of the South,

in all candor, I do not believe a Democratic candidate can ever carry

one Democratic State of the North on the platform that it is the

duty of the Federal Government to force the people of a Territory

to have slavery when they do not want it."

Davis, the leader of the Southern Democracy, answered him. He

reminded the Senate that Congress had no power to exclude slavery

from a Territory and the legislature had no power except that

given it by Congress. Hence it could not possibly have the power

to exclude it. Douglas could not claim more than this unless he

could illustrate the philosophical problem of getting more out of

a tub than it contained. Congress, having no power to prohibit

slavery, was bound to see that it was fully enjoyed.

"I agree with my colleague," he continued, "that we are not, with

our eyes open, to be cheated, and that we have no more respect for

that man who seeks to evade the performance of a constitutional

duty than for one who openly wars upon constitutional rights."

Mason, of Virginia, insisted that the Constitution construed by the

Supreme Court denied Congress the power to exclude slavery form a

Territory. Douglas admitted that the legislature derived all its

power from Congress. Hence, he must admit that it had no power to

interfere with slavery.

Green, of Missouri, the new chairman of the Committee on Territories,

next attacked him. Slaves, he declared, were property, as decided

by the Supreme Court. The Territories of Kansas and Nebraska could

not, by either direct or indirect legislation, prohibit or abolish

slavery; and if they should undertake to do either it would be the

duty of Congress to interpose. The legislature had no more power,

by direct or indirect means to prohibit the introduction of slaves

than the introduction of horses or mules, and it was a dishonest

subterfuge to say that it could be done.

"What is meant by unfriendly legislation? I had thought that rights

of person and property were beyond the power of legislation. * *

* There never was a legislative body in existence on the face of

the globe that could justly take any right of person or property

from a citizen without rendering a just compensation." He reminded

the Senators that in 1857 Douglas had urged the interposition

of Congress in Utah affairs, even to the extent of repealing the

organic act, thus recognizing that Territories were mere dependencies

of the Federal Government. Why this tenderness about Kansas? A

Territory had no power except what was conferred by Congress.

Douglas said that all legislative power not inconsistent with the

Constitution, was conferred. But if the power to destroy any kind

of property was conferred, it would be consistent with the Constitution

and the grant would be void. If all power not inconsistent with

the Constitution was conferred by the organic act, then the power

to call the Lecompton Convention and draft a Constitution was conferred.

"All the power the Territory has is derived from Congress and can

be resumed at pleasure. The creature can never be equal to its

creator."

Douglas said, that if the people of a Territory wanted slavery they

would protect it. But suppose the majority did not want it? The

Constitution still declared slaves to be property and forbade

the majority to take away the property in a slave from a single

individual. If they had no right to take it away, what right

had they by unfriendly legislation to render it valueless? If a

Territory persistently attempted to destroy a species of property

protected by the Constitution, ought not Congress to intervene for

the protection of the citizens?

Douglas replied to these deadly attacks. He reminded them that when

they repealed the Missouri Compromise they had agreed to leave all

these questions to the people of the Territories and the decision of

the Supreme Court. This was the true Democratic doctrine. Davis

and Mason had both said that no man holding his views could receive

the support of the South for the Presidency. Yet this was the

doctrine of Cass when candidate for President, but the whole South

gave him their votes. When did this change of creed occur?

Davis answered briefly, regretting that Douglas had not denied or

explained any of his Illinois speeches, and said he was now satisfied

that he was as full of heresy as he once was of the true theory of

popular sovereignty. He declared that this doctrine was "offensive

to every idea of conservatism and sound government; a thing offensive

to every idea of the supremacy of the laws of the United States,"

and announced plainly that the South would not support him for

President. He persistently pressed him to say whether he meant to

abide by the Dred Scott decision.

The Court, answered Douglas, had decided that neither Congress nor

the territorial legislature could prohibit the settler from bringing

his slaves to a Territory. "In other words, the right of transit

is clear, the right of entry is clear. * * * You have the same

right to hold them as other property, subject to such local laws as

the legislature may constitutionally enact. If those laws render

it impracticable to HOLD your property, whether it be your horse

or your slave, why, it is your misfortune."

He had reached the brink of the abyss. The South was preparing

for treason and rebellion. Its mood was altogether too tragic to

be even amused by his philosophic refinements. It rejected them now,

not with contempt, but with horror. The North, too, was in stern

mood. Its abhorrence of slavery had intensified with constant

agitation. It was grimly earnest in its resolve to resist all further

extension of it and resented the indifference of the statesman who

did not care whether the burning crime of the ages was voted up or

voted down.

Douglas, who regarded the ethics of this question with indifference

and who supremely desired to conciliate the South without alienating

the North, blundered in plunging into this debate. The Southern

Senators were unanswerably right. Since the Dred Scott decision

his position was so clearly untenable that to insist upon it amid

conditions so threatening seemed to them the most intolerable

trifling. The Republicans looked on as pleased spectators while

the battle raged between Northern and Southern Democrats and the

party was hopelessly torn asunder. It was clear the part of prudence

to restrain his impulsive pugnacity for the remaining weeks of

the session. But when challenged to defend himself his impatient

eagerness to speak was uncontrollable.

The Life of Stephen A. Douglas · 第 16 / 18 章