CHAPTER VI.

Review (_continued_).--The Strength of the Democratic Party in

1853.--Popular Strength not so great as Electoral Strength.--The

New President's Pledge not to re-open the Slavery Question.--How

he failed to maintain that Pledge.--The North-west Territory.--Anti-

slavery Restriction of the Missouri Compromise.--Movement to repeal

it by Mr. Clay's Successor in the Senate.--Mr. Douglas adopts the

policy of repealing the Restriction.--It is made an Administration

Measure and carried through Congress.--Colonel Benton's Position.

--Anti-slavery Excitement developed in the Country.--Destruction

of the Whig Party.--New Political Alliances.--American Party.--Know-

Nothings.--Origin and Growth of the Republican Party.--Pro-slavery

Development in the South.--Contest for the Possession of Kansas.--

Prolonged Struggle.--Disunion Tendencies developing in the South.

--Election of N. P. Banks to the Speakership of the House.--The

Presidential Election of 1856.--Buchanan.--Fremont.--Fillmore.--

The Slavery Question the Absorbing Issue.--Triumph of Buchanan.--

Dred Scott Decision.--Mr. Lincoln's Version of it.--Chief Justice

Taney.

The Democratic party, seeing their old Whig rival prostrate,

naturally concluded that a long lease of power was granted them.

The victory of Pierce was so complete that his supporters could

not with closest scrutiny descry an opponent worthy of the slightest

consideration. If the leaders of that party, however, had deigned

to look below the surface, they would have learned a fact which,

if not disquieting, was at least serious and significant. This

fact was contained in the popular vote, which told an entirely

different story from that disclosed by the Presidential electors.

From the people Pierce received a total of 1,601,274 votes, Scott

1,386,580, Hale 155,825. It will be noted that, while receiving

only one-sixth as many electoral votes as Pierce, Scott received

more than five-sixths as many votes at the polls. Adding the vote

of Hale, it will be observed that out of a total exceeding three

millions, Pierce's absolute majority was but 58,896. Thoughtful

men, wise in the administration of government, skilled in the

management of parties, would have found in these figures food for

reflection and abundant reason for hoisting cautionary signals

along the shores of the political sea. The Democratic leaders were

not, however, disturbed by facts or figures, but were rather made

stronger in the confidence of their own strength. They beheld the

country prosperous in all its material interests, and they saw the

mass of the people content in both sections with the settlement of

the slavery question. Since the Compromise measures were enacted

in 1850, and especially since the two political parties had pledged

themselves in 1852 to accept those measures as a finality, the

slavery agitation had to a very large extent subsided. Disturbance

was not indeed infrequently caused by the summary arrest of fugitive

slaves in various parts of the North, under the stringent and harsh

provisions of the new law on that subject. But though these

peculiarly odious transactions exerted a deeper influence on public

opinion than the Democratic leaders imagined, they were local and

apparently under control. There was no national disquietude on

the vexed question of slavery when Franklin Pierce was installed

as President.

In his Inaugural address General Pierce pledged himself with evident

zeal to the upholding of the Compromise measures and to the rigid

enforcement of the laws. There is no doubt that a large majority

of the people of the United States--North and South--were satisfied

with the situation and bade God-speed to the popular President

whose administration opened so auspiciously. The year 1853 was

politically as quiet as Monroe's era of good feeling, and when

Congress came together in its closing month, the President dwelt

impressively upon the dangers we had passed and upon the blessings

that were in store for us. In tones of solemnity he declared that

when "the grave shall have closed over all who are now endeavoring

to meet the obligations of duty, the year 1850 will be recurred to

as a period of anxious apprehension." With high praise of the

Compromise legislation of that year he said "it had given renewed

vigor to our institutions and restored a sense of repose and security

to the public mind." Evidently remembering the pledge given by

the convention which nominated him "to resist all attempts at

renewing the agitation of the slavery question in or out of Congress,"

the President gave emphatic assurance that this "repose" should

suffer no shock during his term if he "had the power to avert it."

These words were addressed to Congress on the fifth day of December,

1853, and it would be uncandid to deny that even in the North they

were heartily approved by a large majority of the people,--perhaps

by a majority in every State.

OMINOUS MOVEMENT IN CONGRESS.

In precisely one month from the delivery of these words by the

President an ominous movement was made in Congress. Notwithstanding

all the vows of fealty to the Compromise of 1850, the pro-slavery

leaders of the South were not contented with the aspect of affairs.

The result of the Mexican war had deeply disappointed them. Its

most striking political effect thus far was the addition to the

Union of a large and imposing free State on the Pacific,--an empire

indeed in prospective wealth and power. In the battle between free

institutions and slave institutions, California represented a strong

flank movement threatening destruction to slavery. Her vote in

the Senate gave a majority of two to the free States. The equality

of the sections had been steadily maintained in the Senate since

the admission of Louisiana in 1812. The break now was ominous;

the claim of equality had been disregarded; the superstition which

upheld it was dispelled, and the defenders of slavery could see

only a long procession of free States marching from the North-West

to re-enforce a power already irresistibly strong. From what

quarter of the Union could this anti-slavery aggression be offset?

By what process could its growth be checked? Texas might, if she

chose to ask for her own partition, re-enforce the slave-power in

the Senate by four new States, as guaranteed in the articles of

annexation. But the very majesty of her dimensions protested

against dismemberment. Texas was as large as France, and from the

Sabine to the Rio Grande there was not a cotton-planter or a cattle-

herder who did not have this fact before his eyes to inflame his

pride and guide his vote against parting with a single square mile

of her magnificent domain. New Mexico and Utah were mountainous

and arid, inviting only the miner and the grazier and offering no

inducement for the labor of the slave. The right guaranteed to

these territories in the Compromise of 1850 to come in as slave

States was, therefore, as Mr. Webster had maintained, a concession

of form and not of substance to the South. Seeing slavery thus

hemmed in on all sides by nature as well as law, and sincerely

believing that in such a position its final extinction was but a

question of time, the Southern leaders determined to break the

bonds that bound them. From their own point of reasoning they were

correct. To stand still was certain though slow destruction to

slavery. To move was indeed hazardous, but it gave them a chance

to re-establish their equality in the administration of the

government, and for this they determined to risk every thing.

To the westward and north-westward of Missouri and Iowa lay a vast

territory which in 1854 was not only unsettled but had no form of

civil government whatever. It stretched from the north line of

Arkansas to the border of British America,--twelve and a half

degrees of latitude,--and westward over great plains and across

mountain ranges till it reached the confines of Utah and Oregon.

It was the unorganized remainder of the territory of Louisiana,

acquired from France in 1803, and in extent was ten times as large

as the combined area of New York and Pennsylvania. By the Missouri

Compromise every square mile of this domain had been honorably

devoted to freedom. At the period named Indian tribes roamed at

will throughout its whole extent and lighted their camp-fires on

the very borders of Missouri and Iowa. Herds of buffalo grazed

undisturbed on lands which to-day constitute the sites of large

cities. Fort Leavenworth was a far-western outpost, Council Bluffs

was on the frontier of civilization, and Omaha had not been named.

Adventurous merchants passed over the plains to the South-West with

long caravans, engaged in the Santa-Fe trade, and towards the North-

West, hunters, trappers, and a few hardy emigrants penetrated the

"Platte country," and through mountain passes pointed out by the

trail of the Indian and the buffalo had in many instances safely

crossed to Oregon. The tide of emigration which had filled Iowa

and Wisconsin, and which by the gold excitement of California had

for a time been drawn to the Pacific slope, now set again more

strongly then ever to the Mississippi valley, demanding and needing

new lands for settlement and cultivation. To answer this requirement

a movement was made during the closing weeks of Mr. Fillmore's

administration to establish the territory of Nebraska. A bill to

that effect was passed by a two-thirds vote in the House. The

slight opposition that was made came from the South, but its

significance was not perceived. When the bill reached the Senate

Mr. Douglas, as chairman of the committee on territories, promptly

reported it, and made an apparently sincere effort to pass it. He

did not succeed. Every senator from the slave-holding States,

except those from Missouri,--which was locally interested in having

the territory organized,--voted against it;--and the measure,

antagonizing other business in which Northern senators were more

immediately interested, was laid upon the table two days before

President Pierce was inaugurated. The bill had fully recognized

the binding force of the Missouri Compromise, and if it had passed,

there could have been no pretense for the introduction of slavery

in the territory of Nebraska.

REPEAL OF THE MISSOURI COMPROMISE.

Directly after the assurance so impressively given by the President

that the "repose" of the country on the slavery question "should

suffer no shock during his administration," the bill to organize

the Territory of Nebraska was again introduced in the Senate. The

motive for its defeat the preceding session was soon made apparent.

Mr. Archibald Dixon of Kentucky, the last Whig governor of that

State, had been chosen to succeed Mr. Clay in the Senate. But he

did not succeed to Mr. Clay's political principles. He belonged

to a class of men that had been recently and rapidly growing in

the South,--men avowedly and aggressively pro-slavery. Mr. Dixon

was the first to strike an open blow against the Missouri Compromise.

Mr. Clay had been honorably identified with the pacific work of

1820, and throughout his life believed that it had been effectual

in allaying the strife which in his judgment had endangered the

Union. It was an alarming fact that his own successor in the Senate

--less than two years after Mr. Clay's death--was the first to

assail his work and to re-open a controversy which was not to cease

till a continent was drenched in blood. Mr. Dixon made no concealment

of his motive and his purpose, declaring that he wished the

restriction removed because he was a pro-slavery man. He gave

notice early in January, 1854, that when the bill to organize the

Territory of Nebraska should come before the Senate, he would move

that "the Missouri Compromise be repealed, and that the citizens

of the several States shall be at liberty to take and hold their

slaves within any of the Territories." It was very soon found that

this was not a capricious movement by Mr. Dixon alone, but that

behind him there was a settled determination on the part of the

pro-slavery men to break down the ancient barrier and to remove

the honored landmark of 1820.

The Senate had a large Democratic majority, and there was probably

not one among them all who had not in the Presidential contest of

1852 publicly and solemnly vowed that the Compromise measures of

1850 were a final settlement of the slavery question, not in any

event, nor upon any pretext, to be disturbed. It was specially

embarrassing and perilous for Northern senators to violate pledges

so recently made, so frequently repeated. It much resembled the

breaking of a personal promise, and seemed to the mass of people

in the free State to be a gross breach of national honor. To escape

the sharp edge of condemnation, sure to follow such a transaction,

a pretense was put forth that the Compromise of 1820 was in conflict

with the Compromise of 1850, and that it was necessary to repeal

the former in order that the doctrine of non-intervention with

slavery in the Territories should become the recognized policy for

all the public domain of the United States. Mr. Douglas was the

first to adopt this construction. Indeed, to him may fairly be

ascribed the credit or the discredit of inventing it. He had a

strong hold on the South, and in his Congressional life had steadily

voted on the pro-slavery side of all public questions. But he

instinctively foresaw that his political future would be endangered

by advocating the repeal of the Missouri Compromise on the basis

and for the reason announced by Mr. Dixon. Hence the resort to

the doctrine of non-intervention under which the South should get

all they wished by having the right to carry their slaves into the

territory, and the North could be conciliated by the presentation

of another final settlement of all issues which threatened the

perpetuity of the Union.

Instead of the single Territory of Nebraska, Mr. Douglas reported

a measure to organize both Kansas and Nebraska; and in one of the

sections of the bill the Missouri Compromise of 1820 was declared

to be inoperative and void, because "inconsistent with the principle

of non-intervention by Congress with slavery in the States and

Territories as recognized by the Compromise measures of 1850."

The bill further declared that "its true intent and meaning was

not to legislate slavery into any Territory or State, and not to

exclude it therefrom, but to leave the people perfectly free to

regulate their domestic institutions in their own way." The North

was fairly stunned by the proposition made by Mr. Douglas. Had he

proposed to abolish the Constitution itself the surprise could

scarcely have been greater. The acting generation had grown to

manhood with profound respect and even reverence for the Missouri

Compromise, and had come to regard it almost as sacredly as though

it were part of the organic law of the Republic. If a Southern

man talked of its repeal it was regarded as the mere bravado of an

extremist. But now a Northern senator of remarkable ability, a

party leader, a candidate for the Presidency, had reported the

measure, and made it a test of Democratic faith, of administration

fealty. The contest that followed was severe and prolonged. The

bill was before Congress for a period of four months, and was

finally forced through to the utter destruction of good faith

between the sections. More than forty Democratic representatives

from the North flatly defied party discipline and voted against

the repeal. The Democratic representatives from the slave States

were consolidated in its favor, with the exception of John Millson,

an able member from Virginia, and the venerable Thomas H. Benton

of Missouri.

REPEAL OF THE MISSOURI COMPROMISE.

After Colonel Benton's thirty years' service in the Senate had

terminated, the city of St. Louis sent him to the House in the autumn

of 1852. He had entered the Senate when Missouri came into the

Union as the result of the Compromise of 1820. He had remained

there until after the Compromise of 1850 was adopted. He denounced

the proceeding of Douglas with unsparing severity, and gave his

best efforts, but in vain, to defeat the bill. He pointed out the

fact that the original Compromise had been forced upon the North

by the South, and that the present proposition to repeal it had

been initiated "without a memorial, without a petition, without a

request from any human being. It was simply and only a contrivance

of political leaders, who were using the institution of slavery as

a weapon, and rushing the country forward to excitements and

conflicts in which there was no profit to either section, and

possibly great harm to both." Colonel Benton belonged to a class

of Southern Democrats who were passing away,--of whom he, indeed,

was the last in conspicuous stature. He represented the Democracy

of Andrew Jackson and of Nathaniel Macon,--not the Democracy of

Mr. Calhoun. He placed the value of the Union above the value of

slavery, and was a relentless foe to all who plotted against the

integrity of the government. But his day was past, his power was

broken, his influence was gone. Even in his own State he had been

beaten, and David R. Atchison installed as leader of the Democratic

party. His efforts were vain, his protest unheard; and amid the

sorrow and gloom of thinking men, and the riotous rejoicings of

those who could not measure the evil of their work, the Douglas

Bill was passed. On the thirtieth of May, 1854, the wise and

patriotic Compromise of March 6, 1820, was declared to be at an

end, and the advocates and the opponents of slavery were invited

to a trial of strength on the public domain of the United States.

No previous anti-slavery excitement bore any comparison with that

which spread over the North as the discussion progressed, and

especially after the bill became a law. It did not merely call

forth opposition; it produced almost a frenzy of wrath on the part

of thousands and tens of thousands in both the old parties, who

had never before taken any part whatever in anti-slavery agitation.

So conservative a statesman as Edward Everett, who had succeeded

John Davis as senator from Massachusetts, pointed out the fallacy

not to say the falsehood of the plea that the Compromise measures

of 1850 required or involved this legislation. This plea was an

afterthought, a pretense, contradicted by the discussion of 1850

in its entire length and breadth. In the North, conservative men

felt that no compromise could acquire weight or sanction or

sacredness, if one that had stood for a whole generation could be

brushed aside by partisan caprice or by the demands of sectional

necessity. The popular fury was further stimulated by the fact

that from the territory included in the Louisiana purchase, three

slave States had been added to the Union, and as yet only one free

State; and that the solemn guaranty securing all the domain north

of 36 deg. 30' was now to be trodden under foot when its operation was

likely to prove hostile to slavery and favorable to freedom. From

the beginning of the government the slave-holding interest had

secured the advantage in the number of States formed from territory

added to the original Union. The South had Louisiana, Arkansas,

and Missouri out of the purchase from France in 1803, Florida from

the purchase from Spain in 1819, and Texas, with its possibility

of being divided into four additional States, from the annexation

of 1845. The North had only Iowa from the Louisiana purchase and

California from the territory ceded by Mexico. The North would

not stop to consider its prospective advantages in the territory

yet to be settled, while the South could see nothing else. The

South realized that although it had secured five States and the

North only two, Southern territory was exhausted, while the creation

of free States in the North-West had just begun. Stripped of all

the disguises with which it was surrounded by the specious cry of

non-intervention by Congress, the majority in the North came to

see that it was in reality nothing but a struggle between the slave

States and the free States, growing more and more intense and more

and more dangerous day by day.

REPEAL OF THE MISSOURI COMPROMISE.

The most striking result in the political field, produced by the

repeal of the Missouri Compromise, was the utter destruction of

the Whig party. Had the Southern Whigs in Congress maintained the

sacredness of the work of 1820, the party throughout the country

would have been able to make a sturdy contest, notwithstanding the

crushing defeat of Scott two years before. Not improbably in the

peculiar state of public opinion, the Whigs, by maintaining the

Compromise, might have been able to carry the Presidential election

of 1856. But with the exception of John Bell in the Senate and

seven members of the House, the entire Whig party of the South

joined the Democrats in repealing the Compromise. Of these seven,

Emerson Etheridge of Tennessee and Theodore G. Hunt of Louisiana

deserve especial and honorable mention for the courage with which

they maintained their position. But when John M. Clayton of

Delaware, who had voted to prohibit slavery in all the Territories,

now voted to strike down the only legal barrier to its extension;

when Badger of North Carolina, who had been the very soul of

conservatism, now joined in the wild cry of the pro-slavery Democrats;

when James Alfred Pearce of Maryland and James C. Jones of Tennessee

united with Jefferson Davis, the Whig party of the South ceased to

exist. Indeed, before this final blow large numbers of Southern

Whigs had gone over to the Democracy. Toombs and Stephens and

Judah P. Benjamin had been among the foremost supporters of Pierce,

and had been specially influential in consolidating the South in

his favor. But the great body of Whigs both in the South and in

the North did not lose hope of a strong re-organization of their

old party until the destruction of the Missouri Compromise had been

effected. That was seen and felt by all to be the end.

Thenceforward new alliances were rapidly formed. In the South

those Whigs who, though still unwilling to profess an anti-slavery

creed, would not unite with the Democrats, were re-organized under

the name of the American party, with Humphrey Marshall, Henry Winter

Davis, Horace Maynard, and men of that class, for leaders. This

party was founded on proscription of foreigners, and with special

hostility to the Roman-Catholic Church. It had a fitful and feverish

success, and in 1845-5, under the name of _Know-Nothings_, enrolled

tens of thousands in secret lodges. But its creed was narrow, its

principles were illiberal, and its methods of procedure boyish and

undignified. The great body of thinking men in the North saw that

the real contest impending was against slavery and not against

naturalization laws and ecclesiastical dogmas. The Know-Nothings,

therefore, speedily disappeared, and a new party sprang into

existence composed of anti-slavery Whigs and anti-slavery Democrats.

The latter infused into the ranks of the new organization a spirit

and an energy which Whig traditions could never inspire. The same

name was not at once adopted in all the free States in 1854, but

by the ensuing year there was a general recognition throughout the

North that all who intended to make a serious fight against the

pro-slavery Democracy would unite under the flag of the Republican

party. In its very first effort, without compact organization,

without discipline, it rallied the anti-slavery sentiment so

successfully as to carry nearly all the free States and to secure

a plurality of the members of the House of Representatives. The

indignation of the people knew no bounds. Old political landmarks

disappeared, and party prejudices of three generations were swept

aside in a day. With such success in the outset, the Republicans

prepared for a vigorous struggle in the approaching Presidential

election.

The anti-slavery development of the North was not more intense than

the pro-slavery development of the South. Every other issue was

merged in the one absorbing demand by Southern slave-holders for

what they sincerely believed to be their rights in the Territories.

It was not viewed on either side as an ordinary political contest.

It was felt to be a question not of expediency but of morality,

not of policy but of honor. It did not merely enlist men. Women

took large part in the agitation. It did not end with absorbing

the laity. The clergy were as profoundly concerned. The power of

the Church on both sides of the dividing-line was used with great

effect in shaping public opinion and directing political action.

The Missouri Compromise was repealed in May. Before the end of

the year a large majority of the people of the North and a large

majority of the people of the South were distinctly arrayed against

each other on a question which touched the interest, the pride,

the conscience, and the religion of all who were concerned in the

controversy. Had either side been insincere there would have been

voluntary yielding or enforced adjustment. But each felt itself

to be altogether in the right and its opponent altogether in the

wrong. Thus they stood confronting each other at the close of the

year 1854.

It was soon perceived by all, as the sagacious had seen from the

first, that the Missouri Compromise had not been repealed merely

to exhibit unity in the scope of the United-States statutes respecting

slavery in the Territories. This was the euphuistic plea of those

Northern senators and representatives who had given dire offense

to their constituents by voting for it. It was the clever artifice

of Douglas which suggested that construction. It was a deception,

and it was contradicted and exposed by the logic of argument in

the North and by the logic of action in the South. No double-

dealing was attempted by the Southern men. They understood the

question perfectly and left the apologies and explanations to

Northern men, who were hard pressed by anti-slavery constituents.

Southern men knew that the repeal of the Missouri Compromise gave

them a privilege which they had not before enjoyed,--the privilege

of settling with their slaves on the rich plains and in the fertile

valleys that stretched westward from the Missouri River. In

maintaining this privilege, they felt sure of aid from the Executive

of the United States, and they had the fullest confidence that in

any legal controversy the Federal judiciary would be on their side.

THE SOUTHERN STRUGGLE FOR KANSAS.

Thus panoplied they made a desperate contest for the possession of

Kansas. They had found that all the crops grown in Missouri by

slave labor could be as profitably cultivated in Kansas. Securing

Kansas, they would gain more than the mere material advantage of

an enlarged field for slave labor. New Mexico at that time included

all of Arizona; Utah included all of Nevada; Kansas, as organized,

absorbed a large part of what is now Colorado, stretched along the

eastern and northern boundary of New Mexico, and, crossing the

Rocky Mountains, reached the confines of Utah. If Kansas could be

made a slave State it would control New Mexico and Utah, and the

South could again be placed in a position of political equality if

not of command. The repeal of the Missouri Compromise had shown

them for the first time that they could absolutely consolidate the

Southern vote in Congress in defense of slavery, regardless of

differences on all other issues. But this power was of no avail,

unless they could regain their equality in the Senate which had

been lost by what they considered the mishap of California's

admission. While Clay and Benton were in the Senate with their

old reverence for the Union and their desire for the ultimate

extinction of slavery, California could neither be kept out nor

divided on the line of 36 deg. 30'. But the new South, the South of

Jefferson Davis and Alexander H. Stephens, of Robert Toombs and

Judah P. Benjamin, of James M. Mason and John C. Breckinridge, had

made new advances, was inspired by new ambitions, and was determined

upon the consolidation of sectional power. The one supreme need

was another slave State. If this could be acquired they felt

assured that so long as the Union should exist no free State could

be admitted without the corresponding admission of another slave

State. They would perhaps have been disappointed. Possibly they

did not give sufficient heed to the influences which were steadily

working against slavery in such States as Delaware and Maryland,

threatening desertion in the rear, while the defenders of slavery

were battling at the front. They argued, however, and not unnaturally,

that prejudice can hold a long contest with principle, and that in

the general uprising of the South the tendency of all their old

allies would be to remain firm. They reckoned that States with

few slaves would continue to stand for Southern institutions as

stubbornly as States with many slaves. In all the States of the

South emancipation had been made difficult, and free negroes were

tolerated, if at all, with great reluctance and with constant

protest.

The struggle for Kansas was therefore to be maintained and possession

secured at all hazards. Although, as the Southern leaders realized,

the free States had flanked them by the admission of California

with an anti-slavery constitution, the Southern acquisition of

Kansas would pierce the very centre of the army of freedom, and

would enable the South thenceforth to dictate terms to the North.

Instead of the line of 36 deg. 30', upon which they had so frequently

offered to compromise, as a permanent continental division, they

would have carried the northern boundary of slave territory to the

40th parallel of latitude and even beyond. They slave States in

pursuing this policy were directed by men who had other designs

than those which lay on the surface. Since the struggle of 1850

the dissolution of the Union had been in the minds of many Southern

leaders, and, as the older class of statesmen passed away, this

design grew and strengthened until it became a fixed policy. They

felt that when the time came to strike, it was of the first importance

that they should have support and popular strength beyond the

Mississippi. California, they were confident, could be carried in

their interest, if they could but plant supporting colonies between

the Missouri and the Sierras. The Democratic party was dominant

in the State, and the Democracy was of the type personated by

William M. Gwin. Both her senators voted for the repeal of the

Missouri Compromise, and stood by the extremists of the South as

steadily as if California bordered on the Gulf of Mexico. Dissolution

of the Union on the scale thus projected would, as the authors of

the scheme persuaded themselves, be certain of success. From the

Mississippi to the Missouri they would carry the new confederacy

to the southern line of Iowa. From the Missouri to the line of

Utah they would have the 40th degree of latitude; from Utah westward

they would have the 42d parallel, leaving the line of Oregon as

the southern boundary of the United States on the Pacific.

THE SOUTHERN STRUGGLE FOR KANSAS.

This policy was not absolute but alternative. If the slave-holders

could maintain their supremacy in the Union, they would prefer to

remain. If they were to be outvoted and, as they thought, outraged

by free-State majorities, then they would break up the government

and form a confederacy of their own. To make such a confederacy

effective, they must not take from the Union a relatively small

section, but must divide it from ocean to ocean. They could not

acquire a majority of the total population, but they aimed to secure

by far the larger share of the vast domain comprised in the United

States. The design was audacious, but from the stand-point of the

men who were committed to it, it was not illogical. Their entire

industrial system was founded upon an institution which was bitterly

opposed in the free States. They could see no way, and they no

longer desired to see a way, by which they might rid themselves of

the servile labor which was at once their strength and their

weakness. To abandon the institution was to sacrifice four thousand

millions of property specially protected by law. It was for the

existing generation of the governing class in the South to vote

themselves into bankruptcy and penury. Far beyond this, it was in

their judgment to blight their land with ignorance and indolence,

to be followed by crime and anarchy. Their point of view was so

radically different from that held by a large number of Northern

people that it left no common ground for action,--scarcely, indeed,

an opportunity for reasoning together. In the South they saw and

felt their danger, and they determined at all hazards to defend

themselves against policies which involved the total destruction

of their social and industrial fabric. They were not mere malcontents.

They were not pretenders. They did not aim at small things. They

had ability and they had courage. They had determined upon mastery

within the Union, or a Continental Empire outside of it.

While the South had thus resolved to acquire control of the large

Territory of Kansas, the North had equally resolved to save it to

freedom. The strife that ensued upon the fertile plains beyond

the Missouri might almost be regarded as the opening battle of the

civil war. The proximity of a slave State gave to the South an

obvious advantage at the beginning of the contest. Many of the

Northern emigrants were from New England, and the distance they

were compelled to travel exceeded two thousand miles. There were

no railroads across Iowa, none across Missouri. But despite all

impediments and all discouragements, the free-State emigrants,

stimulated by anti-slavery societies organized for the purpose,

far outnumbered those from the slave States. Had the vexed question

in the Territory been left to actual settlers it would have been

at once decided adversely to slavery. But the neighboring inhabitants

of Missouri, as the first election approached, invaded the Territory

in large numbers, and, with boisterous disturbance and threats of

violence, seized the polls, fraudulently elected a pro-slavery

Legislature, and chose one of their leaders named Whitfield as

delegate to Congress. Over six thousand votes were polled, of

which some eight hundred only were cast by actual settlers. There

were about three thousand legal voters in the Territory. The total

population was somewhat in excess of eight thousand, and there were

between two and three hundred slaves. The governor of the Territory,

Andrew H. Reeder, a Democrat from Pennsylvania, tried faithfully

and earnestly to arrest the progress of fraud and violence; but he

was removed by President Pierce, and Wilson Shannon of Ohio was

sent out in his stead. The free-State settlers, defrauded at the

regular election, organized an independent movement and chose

Governor Reeder their delegate to Congress to contest the seat of

Whitfield. These events, rapidly following each other, caused

great indignation throughout the country, in the midst of which

the Thirty-fourth Congress assembled in December, 1855. After a

prolonged struggle, Nathaniel P. Banks was chosen Speaker over

William Aiken. It was a significant circumstance, noted at the

time, that the successful candidate came from Massachusetts, and

the defeated one from South Carolina. It was a still more ominous

fact that Banks was chosen by votes wholly from the free States,

and that every vote from the slave States was given to Mr. Aiken,

except that of Mr. Cullen of Delaware, and that of Henry Winter

Davis of Maryland, who declined to vote for either candidate. It

was the first instance in the history of the government in which

a candidate for Speaker had been chosen without support from both

sections. It was a distinctive victory of the free States over

the consolidated power of the slave States. It marked an epoch.

CANVASS FOR THE PRESIDENCY.

The year 1856 opened with this critical, this unprecedented condition

of affairs. In all classes there was deep excitement. With

thoughtful men, both North and South, there was serious solicitude.

The country approached the strife of another Presidential election

with the consciences of men thoroughly aroused, with their passions

profoundly stirred. Three parties were coming into the field, and

it seemed impossible that any candidate could secure the approval

of a majority of the voters in the Union. In the Democratic ranks

there was angry contention. President Pierce, who had risked every

thing for the South, and had received unmeasured obloquy in the

North, was naturally anxious that his administration should be

approved by his own party. With all the patronage at his command,

he vigorously sought a renomination. But the party desired victory,

and they feared a contest which involved an approval of the

President's recreancy to solemn pledges voluntarily given. He had

been inaugurated with the applause and confidence of a nation. He

was sustained in the end by a helpless faction of a disorganized

party.

The distinguished secretary of State suffered with the President.

Mr. Marcy had personally disapproved the repeal of the Missouri

Compromise, but he made no opposition, and the people held him

equally if not doubly guilty. It was said at the time that New-

York friends urged him to save his high reputation by resigning

his seat in the cabinet. But he remained, in the delusive hope

that he should receive credit for the evil he might prevent. He

was pertinently reminded that the evil he might prevent would never

be known, whereas the evil to which he consented would be read of

all men. New York had hopelessly revolted from Democratic control,

and Mr. Marcy's name was not presented as a Presidential candidate,

though he was at that time the ablest statesman of the Democratic

party. Mr. Douglas was also unavailable. He had gained great

popularity in the South by his course in repealing the Missouri

Compromise, but he had been visited with signal condemnation in

the North. His own State, always Democratic, which had stood firmly

for the party even in the overthrow of 1840, had now failed to

sustain him,--had, indeed, pointedly rebuked him by choosing an

opposition Legislature and sending Lyman Trumbull, then an anti-

slavery Republican, as his colleague in the Senate. General Cass

was seventy-four years old, and he was under the same condemnation

with Pierce and Marcy and Douglas. He had voted to repeal the

Missouri Compromise, and Michigan, which had never before faltered

in his support, now turned against him and embittered his declining

years by an expression of popular disapproval, which could not have

been more emphatic.

The candidates urged for the nomination were all from the North.

By a tacit but general understanding, the South repressed the

ambition of its leaders and refused to present any one of the

prominent statesmen from that section. Southern men designed to

put the North to a test, and they wished to give Northern Democrats

every possible advantage in waging a waging a warfare in which the

fruits of victory were to be wholly enjoyed by the South. If they

had wished it, they could have nominated a Southern candidate who

was at that moment far stronger than any other man in the Democratic

party. General Sam Houston had a personal history as romantic as

that of an ancient crusader. He was a native of Virginia, a

representative in Congress from Tennessee, and Governor of that

State before he was thirty-five. He was the intimate and trusted

friend of Jackson. Having resigned his governorship on account of

domestic trouble, he fled from civilized life, joined the Indians

of the Western plains, roved with them for years, adopted their

habits, and was made chief of a tribe. Returning to association

with white men, he emigrated to Texas and led the revolt against

Mexico, fought battles and was victorious, organized a new republic

and was made its President. Then he turned to his native land,

bearing in his hand the gift of a great dominion. Once more under

the Union flag, he sat in the Capitol as a senator of the United

States from Texas. At threescore years he was still in the full

vigor of life. Always a member of the Democratic party he was a

devoted adherent of the Union, and his love for it had but increased

in exile. He stood by Mr. Clay against the Southern Democrats in

the angry contest of 1850, declaring that "if the Union must be

dismembered" he "prayed God that its ruins might be the monument

of his own grave." He "desired no epitaph to tell that he survived

it." Against the madness of repealing the Missouri Compromise he

entered a protest and a warning. He notified his Southern friends

that the dissolution of the Union might be involved in the dangerous

step. He alone, of the Southern Democrats in the Senate, voted

against the mischievous measure. When three thousand clergymen of

New England sent their remonstrance against the repeal, they were

fiercely attacked and denounced by Douglas and by senators from

the South. Houston vindicated their right to speak and did battle

for them with a warmth and zeal which specially commended him to

Northern sympathy. All these facts combined--his romantic history,

his unflinching steadiness of purpose, his unswerving devotion to

the Union--would have made him an irresistibly strong candidate

had he been presented. But the very sources of his strength were

the sources of his weakness. His nomination would have been a

rebuke to every man who had voted for the repeal of the Missouri

Compromise, and, rather than submit to that, the Southern Democrats,

and Northern Democrats like Pierce and Douglas and Cass, would

accept defeat. Victory with Houston would be their condemnation.

But in rejecting him they lost in large degree the opportunity to

recover the strength and popularity and power of the Democratic

party which had all been forfeited by the maladministration of

Pierce.

NOMINATION OF JAMES BUCHANAN.

With Houston impracticable, other Southern candidates purposely

withheld, and all the Northern candidates in Congress or of the

administration disabled, the necessity of the situation pointed to

one man. The Democratic managers in whose hands the power lay were

not long in descrying him. Mr. Buchanan had gone to England as

minister directly after the inauguration of Pierce. He had been

absent from the country during all the troubles and the blunders

of the Democracy, and never before was an _alibi_ so potential in

acquitting a man of actual or imputed guilt. He had been a candidate

for the Presidency ever since 1844, but had not shown much strength.

He was originally a Federalist. He was somewhat cold in temperament

and austere in manners, but of upright character and blameless

life. He lacked the affability of Cass, the gracious heartiness

of Pierce, the bluff cordiality of Douglas. But he was a man of

ability, and had held high rank as a senator and as secretary of

State. Above all he had never given a vote offensive to the South.

Indeed, his Virginia friend, Henry A. Wise, boasted that his record

was as spotless as that of Calhoun.

Buchanan's hour had come. He was a necessity to the South, a

necessity to his party; and against the combined force of all the

ambitious men who sought the place, he was nominated. But he had

a severe struggle. President Pierce and Senator Douglas each made

a persistent effort. On the first ballot Buchanan received 135

votes, Pierce 122, Douglas 33. Through sixteen ballots the contest

was stubbornly maintained, Buchanan gaining steadily but slowly.

Pierce was at last withdrawn, and the convention gave Buchanan 168,

Douglas 121. No further resistance was made, and, amid acclamation

and rejoicing, Buchanan was declared to be the unanimous choice of

the convention. Major John C. Breckinridge of Kentucky, a young

man of popularity and promise, was nominated for the Vice-

Presidency.

Before the nomination of Buchanan and Breckinridge another Presidential

ticket had been placed in the field. The pro-slavery section of

the American party and the ghastly remnant of the Whigs had presented

Mr. Fillmore for the Presidency, and had associated with him Andrew

Jackson Donelson of Tennessee as candidate for the Vice-Presidency.

On the engrossing question of the day Mr. Buchanan and Mr. Fillmore

did not represent antagonistic ideas, and between them there could

be no contest to arouse enthusiasm or even to enlist interest in

the North. The movement for Fillmore afforded a convenient shelter

for that large class of men who had not yet made up their minds as

to the real issue of slavery extension or slavery prohibition.

The Republican party had meanwhile been organizing and consolidating.

During the years 1854 and 1855 it had acquired control of the

governments in a majority of the free States, and it promptly called

a national convention to meet in Philadelphia in June, 1856. The

Democracy saw at once that a new and dangerous opponent was in the

field,--an opponent that stood upon principle and shunned expediency,

that brought to its standard a great host of young men, and that

won to its service a very large proportion of the talent, the

courage, and the eloquence of the North. The convention met for

a purpose and it spoke boldly. It accepted the issue as presented

by the men of the South, and it offered no compromise. In its

ranks were all shades of anti-slavery opinion,--the patient

Abolitionist, the Free-Soiler of the Buffalo platform, the Democrats

who had supported the Wilmot Proviso, the Whigs who had followed

Seward.

NOMINATION OF JOHN C. FREMONT.

There was no strife about candidates. Mr. Seward was the recognized

head of the party, but he did not desire the nomination. He agreed

with his faithful mentor, Thurlow Weed, that his time had not come,

and that his sphere of duty was still in the Senate. Salmon P.

Chase was Governor of Ohio, waiting re-election to the Senate, and,

like Seward, not anxious for a nomination where election was regarded

as improbable if not impossible. The more conservative and timid

section of the party advocated the nomination of Judge McLean of

the Supreme Court, who for many years had enjoyed a shadowy mention

for the Presidency in Whig journals of a certain type. But Judge

McLean was old and the Republican party was young. He belonged to

the past, the party was looking to the future. It demanded a more

energetic and attractive candidate, and John C. Fremont was chosen

on the first ballot. He was forty-three years of age, with a

creditable record in the Regular Army, and wide fame as a scientific

explorer in the Western mountain ranges, then the _terra incognita_

of the continent. He was a native of South Carolina, and had

married the brilliant and accomplished daughter of Colonel Benton.

Always a member of the Democratic party, he was so closely identified

with the early settlement of California that he was elected one of

her first senators. To the tinge of romance in his history were

added the attractions of a winning address and an auspicious name.

The movement in his behalf had been quietly and effectively organized

for several months preceding the convention. It had been essentially

aided if not indeed originated by the elder Francis P. Blair, who

had the skill derived from long experience in political management.

Mr. Blair was a devoted friend of Benton, had been intimate with

Jackson, and intensely hostile to Calhoun. As editor of the _Globe_,

he had exercised wide influence during the Presidential terms of

Jackson and Van Buren, but when Polk was inaugurated he was supplanted

in administration confidence by Thomas Ritchie of the State-rights'

school, who was brought from Virginia to found another paper. Mr.

Blair was a firm Union man, and, though he had never formally

withdrawn from the Democratic party, he was now ready to leave it

because of the Disunion tendencies of its Southern leaders. He

was a valuable friend to Fremont, and gave to him the full advantage

of his experience and his sagacity.

William L. Dayton of New Jersey, who had served with distinction

in the Senate, was selected for the Vice-Presidency. His principal

competitor in the only ballot which was taken was Abraham Lincoln

of Illinois. This was the first time that Mr. Lincoln was

conspicuously named outside of his own State. He had been a member

of the Thirtieth Congress, 1847-9, but being a modest man he had

so little forced himself into notice that when his name was proposed

for Vice-President, inquiries as to who he was were heard from all

parts of the convention.

The principles enunciated by the Democratic and Republican parties

on the slavery question formed the only subject for discussion

during the canvass in the free States. From the beginning no doubt

was expressed that Mr. Buchanan would find the South practically

consolidated in his favor. Electoral tickets for Fremont were not

presented in the slave States, and Fillmore's support in that

section was weakened by his obvious inability to carry any of the

free States. The canvass, therefore, rapidly narrowed to a contest

between Buchanan and Fremont in the North. The Republican Convention

had declared it to be "both the right and imperative duty of Congress

to prohibit in the Territories those twin relics of barbarism,--

polygamy and slavery." The Democratic Convention had presented a

very elaborate and exhaustive series of resolutions touching the

slavery question. They indorsed the repeal of the Missouri

Compromise, and recognized the "right of the people of all the

territories to form a constitution with or without domestic slavery."

The resolution was artfully constructed. Read in one way it gave

to the people of the Territories the right to determine the question

for themselves. It thus upheld the doctrine of "popular sovereignty"

which Mr. Douglas had announced as the very spirit of the Act

organizing Kansas and Nebraska. A closer analysis of the Democratic

declaration, however, showed that this "popular sovereignty" was

not to be exercised until the people of the Territory were sufficiently

numerous to form a State constitution and apply for admission to

the Union, and that meanwhile in all the Territories the slave-

holder had the right to settle and to be protected in the possession

of his peculiar species of property. In fine, the Republicans

declared in plain terms that slavery should by positive law of the

nation be excluded from the Territories. The Democrats flatly

opposed the doctrine of Congressional prohibition, but left a margin

for doubt as to the true construction of the Constitution, and of

the Act repealing the Missouri Compromise, thus enabling their

partisans to present one issue in the North, and another in the

South.

The Democratic candidate in his letter of acceptance did not seek

to resolve the mystery of the platform, but left the question just

as he found it in the resolutions of the convention. The result

was that Northern people supported Mr. Buchanan in the belief, so

energetically urged by Mr. Douglas, that the people of the Territories

had the right to determine the slavery question for themselves at

any time. The Southern people supported Mr. Buchanan in the full

faith that slavery was to be protected in the Territories until a

State government should be formed and admission to the Union secured.

The Democratic doctrine of the North and the Democratic doctrine

of the South were, therefore, in logic and in fact, irreconcilably

hostile. By the one, slavery could never enter a Territory unless

the inhabitants thereof desired and approved it. By the other

slavery had a foot-hold in the Territories under the Constitution

of the United States, and could not be dislodged or disturbed by

the inhabitants of a Territory even though ninety-nine out of every

hundred were opposed to it. In the Territorial Legislatures laws

might be passed to protect slavery but not to exclude it. From

such contradictory constructions in the same party, conflicts were

certain to arise.

MR. BUCHANAN ELECTED PRESIDENT.

The Democrats of the North sought, not unsuccessfully, to avoid

the slavery question altogether. They urged other considerations

upon popular attention. Mr. Buchanan was presented as a National

candidate, supported by troops of friends in every State of the

Union. Fremont was denounced as a sectional candidate, whose

election by Northern votes on an anti-slavery platform would dissolve

the Union. This incessant cry exerted a wide influence in the

North and was especially powerful in commercial circles. But in

spite of it, Fremont gained rapidly in the free States. The

condition of affairs in Kansas imparted to his supporters a desperate

energy, based on principle and roused to anger. An elaborate and

exciting speech on the "Crime against Kansas," by Senator Sumner,

was followed by an assault from Preston S. Brooks, a member of the

House from South Carolina, which seriously injured Mr. Sumner, and

sensibly increased the exasperation of the North. When a resolution

of the House to expel Brooks was under consideration, he boasted

that "a blow struck by him then would be followed by a revolution."

This but added fuel to a Northern flame already burning to white-

heat. Votes by tens of thousands declared that they did not desire

a Union which was held together by the forbearance or permission

of any man or body of men, and they welcomed a test of any character

that should determine the supremacy of the Constitution and the

strength of the government.

The canvass grew in animation and earnestness to the end, the

Republicans gaining strength before the people of the North every

day. But Buchanan's election was not a surprise. Indeed, it had

been generally expected. He received the electoral votes of every

Southern State except Maryland, which pronounced for Fillmore. In

the North, New Jersey, Pennsylvania, Indiana, Illinois, and California

voted for Buchanan. The other eleven free States, beginning with

Maine and ending with Iowa, declared for Fremont. The popular vote

was for Buchanan 1,838,169, Fremont 1,341,264, Fillmore 874,534.

With the people, therefore, Mr. Buchanan was in a minority, the

combined opposition outnumbering his vote by nearly four hundred

thousand.

The Republicans, far from being discouraged, felt and acted as men

who had won the battle. Indeed, the moral triumph was theirs, and

they believed that the actual victory at the polls was only postponed.

The Democrats were mortified and astounded by the large popular

vote against them. The loss of New York and Ohio, the narrow escape

from defeat in Pennsylvania, the rebuke of Michigan to their veteran

leader General Cass, intensified by the choice of Chandler as his

successor in the Senate, the absolute consolidation of New England

against them, all tended to humiliate and discourage the party.

They had lost ten States which General Pierce had carried in 1852,

and they had a watchful, determined foe in the field, eager for

another trial of strength. The issue was made, the lines of battles

were drawn. Freedom or slavery in the Territories was to be fought

to the end, without flinching, and without compromise.

Mr. Buchanan came to the Presidency under very different auspices

from those which had attended the inauguration of President Pierce.

The intervening four years had written important chapters in the

history of the slavery contest. In 1853 there was no organized

opposition that could command even a respectable minority in a

single State. In 1857 a party distinctly and unequivocally pledged

to resist the extension of slavery into free territory had control

of eleven free States and was hotly contesting the possession of

the others. The distinct and avowed marshalling of a solid North

against a solid South had begun, and the result of the Presidential

election of 1856 settled nothing except that a mightier struggle

was in the future.

DECISION IN THE CASE OF DRED SCOTT.

After Buchanan's inauguration events developed rapidly. The

Democrats had carried the House, and therefore had control of every

department of the government. The effort to force slavery upon

Kansas was resumed with increased zeal. Strafford's policy of

"thorough" was not more resolute or more absolute than that now

adopted by the Southern leaders with a new lease of power confirmed

to them by the result of the election. The Supreme Court came to

their aid, and, not long after the new administration was installed,

delivered their famous decision in the Dred Scott case. This case

involved the freedom of a single family that had been held as

slaves, but it gave occasion to the Court for an exhaustive treatment

of the political question which was engrossing public attention.

The conclusion of the best legal minds of the country was that the

opinion of the Court went far beyond the real question at issue,

and that many of its most important points were to be regarded as

_obiter dicta_. The Court declared that the Act of Congress

prohibiting slavery in the Territories north of 36 deg. 30' was

unconstitutional and void. The repeal of the Missouri Compromise

was therefore approved by the highest judicial tribunal. Not only

was the repeal approved, its re-enactment was forbidden. No matter

how large a majority might be returned to Congress in favor of

again setting up the old landmark which had stood in peace and in

honor for thirty-four years, with the sanction of all departments

of the government, the Supreme Court had issued an edict that it

could not be done. The Court had declared that slavery was as much

entitled to protection on the national domain as any other species

of property, and that it was unconstitutional for Congress to decree

freedom for a Territory of the United States. The pro-slavery

interest had apparently won a great triumph. They naturally claimed

that the whole question was settled in their favor. But in fact

the decision of the Court had only rendered the contest more intense

and more bitter. It was received throughout the North with scorn

and indignation. It entered at once into the political discussions

of the people, and remained there until, with all other issues on

the slavery question, it was remanded to the arbitrament of war.

Five of the judges--an absolute majority of the court--were Southern

men, and had always been partisan Democrats of the State-rights'

school. People at once remembered that every other class of lawyers

in the South had for thirty years been rigidly excluded from the

bench. John J. Crittenden had been nominated and rejected by a

Democratic Senate. George E. Badger of North Carolina had shared

the same fate. They were followers of Clay, and not to be trusted

by the new South in any exigency where the interests of slavery

and the perpetuity of the Union should come in conflict. Instead,

therefore, of strengthening the Democratic party, the whole effect

of the Dred Scott decision was to develop a more determined type

of anti-slavery agitation. This tendency was promoted by the lucid

and exhaustive opinion of Benjamin R. Curtis, one of the two

dissenting judges. Judge Curtis was not a Republican. He had been

a Whig of the most conservative type, appointed to the bench by

President Fillmore through the influence of Mr. Webster and the

advice of Rufus Choate. In legal learning, and in dignity and

purity of character, he was unsurpassed. His opinion became,

therefore, of inestimable value to the cause of freedom. It

represented the well-settled conclusion of the most learned jurists,

was in harmony with the enlightened conscience of the North, and

gave a powerful rallying-cry to the opponents of slavery. It upheld

with unanswerable arguments the absolute right of Congress to

prohibit slavery in all the Territories of the Union. Every judge

delivered his views separately, but the dissenting opinion of Judge

McLean, as well as of the six who sustained the views of the Chief

Justice, arrested but a small share of public attention. The

argument for the South had been made by the venerable and learned

Chief Justice. The argument for the North had been made by Justice

Curtis. Perhaps in the whole history of judicial decisions no two

opinions were ever so widely read by the mass of people outside

the legal profession.

DECISION IN THE CASE OF DRED SCOTT.

It was popularly believed that the whole case was made up in order

to afford an opportunity for the political opinions delivered by

the Court. This was an extreme view not justified by the facts.

But in the judgment of many conservative men there was a delay in

rendering the decision which had its origin in motives that should

not have influenced a judicial tribunal. The purport and scope of

the decision were undoubtedly known to President Pierce before the

end of his term, and Mr. Buchanan imprudently announced in his

Inaugural address that "the point of time when the people of a

Territory can decide the question of slavery for themselves" will

"be speedily and finally settled by the Supreme Court, before whom

it is now pending." How Mr. Buchanan could know, or how he was

entitled to know, that a question not directly or necessarily

involved in a case pending before the Supreme Court "would be

speedily and finally settled" became a subject of popular inquiry.

Anti-slavery speakers and anti-slavery papers indulged in severe

criticism both of Mr. Buchanan and the Court, declaring that the

independence of the co-ordinate branches of the government was

dangerously invaded when the Executive was privately advised of a

judicial decision in advance of its delivery by the Court. William

Pitt Fessenden, who always spoke with precision and never with

passion, asserted in the Senate that the Court, after hearing the

argument, had reserved its judgment until the Presidential election

was decided. He avowed his belief that Mr. Buchanan would have

been defeated if the decision had not been withheld, and that in

the event of Fremont's election "we should never have heard of a

doctrine so utterly at variance with all truth, so utterly destitute

of all legal logic, so founded on error, and so unsupported by any

thing resembling argument."

Mr. Lincoln, whose singular powers were beginning to be appreciated,

severely attacked the decision in a public speech in Illinois, not

merely for its doctrine, but for the mode in which the decision

had been brought about, and the obvious political intent of the

judges. He showed how the Kansas-Nebraska Act left the people of

the Territories perfectly free to settle the slavery question for

themselves, "subject only to the Constitution of the United States!"

That qualification he said was "the exactly fitted niche for the

Dred Scott decision to come in and declare the perfect freedom to

be no freedom at all." He then gave a humorous illustration by

asking in homely but telling phrase, "if we saw a lot of framed

timbers gotten out at different times and places by different

workmen,--Stephen and Franklin and Roger and James,--and if we saw

these timbers joined together and exactly make the frame of a house,

with tenons and mortises all fitting, what is the conclusion? We

find it impossible not to believe that Stephen and Franklin and

Roger and James all understood one another from the beginning, and

all worked upon a common plan before the first blow was struck."

This quaint mode of arraigning the two President, the Chief Justice

and Senator Douglas, was extraordinarily effective with the masses.

In a single paragraph, humorously expressed, he had framed an

indictment against four men upon which he lived to secure a conviction

before the jury of the American people.

The decision was rendered especially odious throughout the North

by the use of certain unfortunate expressions which in the heat of

the hour were somewhat distorted by the anti-slavery press, and

made to appear unwarrantably offensive. But there was no

misrepresentation and no misunderstanding of the essential position

of the Court on the political question. It was unmistakably held

that ownership in slaves was as much entitled to protection under

the Constitution in the Territories of the United States as any

other species of property, and that Congress possessed no power

over the subject except the power to legislate in aid of slavery.

The decision was at war with the practice and traditions of the

government from its foundation, and set aside the matured convictions

of two generations of conservative statesmen from the South as well

as from the North. It proved injurious to the Court, which

thenceforward was assailed most bitterly in the North and defended

with intemperate zeal in the South. Personally upright and honorable

as the judges were individually known to be, there was a conviction

in the minds of a majority of Northern people, that on all issues

affecting the institution of slavery they were unable to deliver

a just judgment; that an Abolitionist was, in their sight, the

chief of sinners, deserving to be suppressed by law; that the anti-

slavery agitation was conducted, according to their belief, by two

classes,--fanatics and knaves,--both of whom should be promptly

dealt with; the fanatics in strait-jackets and the knaves at the

cart's tail.

Chief Justice Taney, who delivered the opinion which proved so

obnoxious throughout the North, was not only a man of great

attainments, but was singularly pure and upright in his life and

conversation. Had his personal character been less exalted, or

his legal learning less eminent, there would have been less surprise

and less indignation. But the same qualities which rendered his

judgment of apparent value to the South, called out intense hostility

in the North. The lapse of years, however, cools the passions and

tempers the judgment. It has brought many anti-slavery men to see

that an unmerited share of the obloquy properly attaching to the

decision has been visited on the Chief Justice, and that it was

unfair to place him under such condemnation, while two associate

Justices in the North, Grier and Nelson, joined in the decision

without incurring special censure, and lived in honor and veneration

to the end of their judicial careers. While, therefore, time has

in no degree abated Northern hostility to the Dred Scott decision,

it has thrown a more generous light upon the character and action

of the eminent Chief Justice who pronounced it. More allowance is

made for the excitement and for what he believed to be the exigency

of the hour, for the sentiments in which he had been educated, for

the force of association, and for his genuine belief that he was

doing a valuable work towards the preservation of the Union. His

views were held by millions of people around him, and he was swept

along by a current which with so many had proved irresistible.

Coming to the Bench from Jackson's Cabinet, fresh from the angry

controversies of that partisan era, he had proved a most acceptable

and impartial judge, earning renown and escaping censure until he

dealt directly with the question of slavery. Whatever harm he may

have done in that decision was speedily overruled by war, and the

country can now contemplate a venerable jurist, in robes that were

never soiled by corruption, leading a long life of labor and

sacrifice, and achieving a fame in his profession second only to

that of Marshall.

CHIEF JUSTICE TANEY AND MR. SUMNER.

The aversion with which the extreme anti-slavery men regarded Chief

Justice Taney was strikingly exhibited during the session of Congress

following his death. The customary mark of respect in providing

a marble bust of the deceased to be placed in the Supreme Court

room was ordered by the House without comment or objection. In

the Senate the bill was regularly reported from the Judiciary

Committee by the chairman, Mr. Trumbull of Illinois, who was at

that time a recognized leader in the Republican party. The

proposition to pay respect to the memory of the judge who had

pronounced the Dred Scott decision was at once savagely attacked

by Mr. Sumner. Mr. Trumbull in reply warmly defended the character

of the Chief Justice, declaring that he "had added reputation to

the Judiciary of the United States throughout the world, and that

he was not to be hooted down by exclamations about an emancipated

country. Suppose he did make a wrong decision. No man is infallible.

He was a great, learned, able judge."

Mr. Sumner rejoined with much temper. He said that "Taney would

be hooted down the pages of history, and that an emancipated country

would fix upon his name the stigma it deserved. He had administered

justice wickedly, had degraded the Judiciary, and had degraded the

age." Mr. Wilson followed Mr. Sumner in a somewhat impassioned

speech, denouncing the Dred Scott decision "as the greatest crime

in the judicial annals of the Republic," and declaring it to be

"the abhorrence, the scoff, the jeer, of the patriotic hearts of

America." Mr. Reverdy Johnson answered Mr. Sumner with spirit,

and pronounced an eloquent eulogium upon Judge Taney. He said,

"the senator from Massachusetts will be happy if his name shall

stand as high upon the historic page as that of the learned judge

who is now no more." Mr. Johnson directed attention to the fact

that, whether wrong or right, the Dred Scott decision was one in

which a majority of the Supreme Court had concurred, and therefore

no special odium should be attached to the name of the venerable

Chief Justice. Mr. Johnson believed the decision to be right, and

felt that his opinion on a question of law was at least entitled

to as much respect as that of either of the senators from Massachusetts,

"one of whom did not pretend to be a lawyer at all, while the other

was a lawyer for only a few months." He proceeded to vindicate

the historical accuracy of the Chief Justice, and answered Mr.

Sumner with that amplitude and readiness which Mr. Johnson displayed

in every discussion involving legal questions.

Mr. Sumner's protest was vigorously seconded by Mr. Hale of New

Hampshire and Mr. Wade of Ohio. The former said that a monument

to Taney "would give the lie to all that had been said by the

friends of justice, liberty, and down-trodden humanity," respecting

the iniquity of the Dred Scott decision. Mr. Wade violently opposed

the proposition. He avowed his belief that the "Dred Scott case

was got up to give judicial sanction to the enormous iniquity that

prevailed in every branch of our government at that period." He

declared that "the greater you make Judge Taney's legal acumen the

more you dishonor his memory by showing that he sinned against

light and knowledge." He insisted that the people of Ohio, whose

opinion he professed to represent, "would pay two thousand dollars

to hang the late Chief Justice in effigy rather than one thousand

dollars for a bust to commemorate his merits."

Mr. McDougall of California spoke in favor of the bill, and commented

on the rudeness of Mr. Sumner's speech. Mr. Carlile of West Virginia

spoke very effectively in praise of the Chief Justice. If the

decision was harsh, he said, no one was justified in attributing

it to the personal feelings or desires of the Chief Justice. It

was the law he was expounding, and he did it ably and conscientiously.

Mr. Sumner concluded the debate by a reply to Reverdy Johnson. He

said that, in listening to the senator from Maryland, he was

"reminded of a character, known to the Roman Church, who always

figures at the canonization of a saint as the _Devil's advocate_."

He added that, if he could help it, "Taney should never be recognized

as a saint by any vote of Congress." The incidents of the debate

and the names of the participants are given as affording a good

illustration of the tone and temper of the times. It was made

evident that the opponents of the bill, under Mr. Sumner's lead,

would not permit it to come to a vote. It was therefore abandoned

on the 23d of February, 1865.

HONORS TO TWO CHIEF JUSTICES.

Nine years after these proceedings, in January, 1874, the name of

another Chief Justice, who had died during the recess, came before

Congress for honor and commemoration. The Senate was still controlled

by a large Republican majority, though many changes had taken place.

All the senators who had spoken in the previous debate were gone,

except Mr. Sumner, who had meanwhile been chosen for his fourth

term, and Mr. Wilson, who had been elevated to the Vice-Presidency.

Mr. Howe of Wisconsin, a more radical Republican than Mr. Trumbull,

reported from the Judiciary Committee a bill originally proposed

by Senator Stevenson of Kentucky, paying the same tribute of respect

to Roger Brooke Taney and Salmon Portland Chase. The bill was

passed without debate and with the unanimous consent of the Senate.

Mr. Taney was appointed Chief Justice in 1836, when in his sixtieth

year. He presided over the court until his death in October, 1864,

a period of twenty-eight years. The Dred Scott decision received

no respect after Mr. Lincoln became President, and, without reversal

by the court, was utterly disregarded. When Mr. Chase became Chief

Justice, colored persons were admitted to practice in the courts

of the United States. When President Lincoln, in 1861, authorized

the denial of the writ of _habeas corpus_ to persons arrested on

a charge of treason, Chief Justice Taney delivered an opinion in

the case of John Merryman, denying the President's power to suspend

the writ, declaring that Congress only was competent to do it.

The Executive Department paid no attention to the decision, and

Congress, at the ensuing session, added its sanction to the

suspension. The Chief Justice, though loyal to the Union, was not

in sympathy with the policy or the measures of Mr. Lincoln's

administration.

Twenty Years of Congress, Vol. 1 From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860 · 第 6 / 27 章