CHAPTER XIII

THE CHARLESTON CONVENTION

The great political struggle between the North and the South, between

Freedom and Slavery, was approaching its culmination. The

"irrepressible conflict" had shifted uneasily from caucus to Congress;

from Congress to Kansas; incidentally to the Supreme Court and to the

Congressional elections in the various States; from Kansas it had come

back with renewed intensity to Congress. The next stage of development

through which it was destined to pass was the Presidential election of

1860, where, necessarily, the final result would depend largely upon

the attitude and relation of parties, platforms, and candidates as

selected and proclaimed by their National conventions.

The first of these National conventions was that of the Democratic

party, long appointed to meet at Charleston, South Carolina, on April

23, 1860. The fortunes of the party had greatly fluctuated. The repeal

of the Missouri Compromise had brought it shipwreck in 1854; it had

regained victory in the election of Buchanan, and a majority of the

House of Representatives in 1856; then the Lecompton imbroglio once

more caused its defeat in the Congressional elections of 1858. But

worse than the victory of its opponents was the irreconcilable schism

in its own ranks--the open war between President Buchanan and Senator

Douglas. In a general way the Southern Democracy followed Buchanan,

while the Northern Democracy followed Douglas. Yet there was just

enough local exception to baffle accurate calculation. Could the

Charleston Convention heal the feud of leaders, and bridge the chasm

in policy and principle? As the time approached, and delegation after

delegation was chosen by the States, all hope of accommodation

gradually disappeared. Each faction put forth its utmost efforts,

rallied its strongest men. Each caucus and convention only accentuated

and deepened existing differences. When the convention met, its

members brought not the ordinary tricks and expedients of politicians

with _carte blanche_ authority, but the precise formulated terms to

which their constituencies would consent. They were only messengers,

not arbitrators. The Charleston Convention was the very opposite of

its immediate predecessor, the Cincinnati Convention. At Cincinnati,

concealment and ambiguity had been the central thought and purpose.

Everybody was anxious to be hoodwinked. Delegates, constituencies, and

leaders had willingly joined in the game of "cheat and be cheated."

Availability, harmony, party success, were the paramount objects.

[Sidenote] Douglas, Reply to Black, Pamphlet, Oct., 1859.

No similar ambiguity, concealment, or bargain was possible at

Charleston. There was indeed a whole brood of collateral issues to be

left in convenient obscurity, but the central questions must not be

shirked. The Lecompton quarrel, the Freeport doctrine, the property

theory, the "slave-State" dogma, the Congressional slave code

proposal, must be boldly met and squarely adjusted. Even if the

delegates had been disposed to trifle with their constituents, the

leaders themselves would tolerate no evasion on certain cardinal

points. Douglas, in his Dorr letter, had announced that he would

suffer no interpolation of new issues into the Democratic creed. In

his pamphlet reply to Judge Black he repeated his determination with

emphasis. "Suppose it were true that I am a Presidential aspirant;

does that fact justify a combination by a host of other Presidential

aspirants, each of whom may imagine that his success depends upon my

destruction, and the preaching a crusade against me for boldly avowing

now the same principles to which they and I were pledged at the last

Presidential election! Is this a sufficient excuse for devising a new

test of political orthodoxy?... I prefer the position of Senator or

even that of a private citizen, where I would be at liberty to defend

and maintain the well-defined principles of the Democratic party, to

accepting a Presidential nomination upon a platform incompatible with

the principle of self-government in the Territories, or the reserved

rights of the States, or the perpetuity of the Union under the

Constitution."

[Sidenote] "Globe," p. 658.

[Sidenote] Jefferson Davis, Senate Speech, "Globe," May 17, 1860,

p. 2155.

[Sidenote] "Globe", March 1, 1860, p. 935.

This declaration very clearly defined the issue on one side. On the

other side it was also formulated with equal distinctness. Jefferson

Davis, already recognized as the ablest leader of the Buchanan wing of

the Democratic Senators, wrote and submitted to the United States

Senate, on February 2, 1860, a series of resolutions designed to

constitute the Administration or Southern party doctrines, which were

afterwards revised and adopted by a caucus of Democratic Senators.

These resolutions expressed the usual party tenets; and on two of the

controverted points asserted dogmatically exactly that which Douglas

had stigmatized as an intolerable heresy. The fourth resolution

declared "That neither Congress nor a Territorial Legislature, whether

by direct legislation or legislation of an indirect and unfriendly

character, possesses power to annul or impair the constitutional right

of any citizen of the United States to take his slave property into

the common Territories, and there hold and enjoy the same while the

Territorial condition remains." While the fifth resolution declared

"That if experience should at any time prove that the judiciary and

executive authority do not possess means to insure adequate protection

to constitutional rights in a Territory, and if the Territorial

government shall fail or refuse to provide the necessary remedies for

that purpose, it will be the duty of Congress to supply such

deficiency."

Party discipline was so strong among the Democrats that public

expectation looked confidently to at least a temporary agreement or

combination which would enable the factions, by a joint effort, to

make a hopeful Presidential campaign. But no progress whatever was

made in that direction. As the clans gathered at Charleston, the

notable difference developed itself, that while one wing was filled

with unbounded enthusiasm for a candidate, the other was animated by

an earnest and stubborn devotion to an idea.

[Sidenote] Murat Halstead, "Conventions of 1860."

"Douglas was the pivot individual of the Charleston Convention," wrote

an observant journalist; "every delegate was for or against him; every

motion meant to nominate or not nominate him; every parliamentary war

was _pro_ or _con_ Douglas." This was the surface indication, and,

indeed, it may be said with truth, it was the actual feeling of the

Northern faction of the Democratic party. Douglas was a genuinely

popular leader. He had the power to inspire a pure personal

enthusiasm. He had aroused such hero-worship as may be possible in

modern times and in American polities. Beyond this, however, the

Lecompton controversy, and his open persecution by the Buchanan

Administration, made his leadership and his candidacy a necessity to

the Northern Democrats.

With Southern Democrats the feeling went somewhat deeper. Forgetting

how much they owed him in the past, and how much they might still gain

through him in the future, they saw only that he was now their

stumbling-block, the present obstacle to their full and final success.

It was the Douglas doctrine, squatter sovereignty, and "unfriendly

legislation," rather than the _man_, which they had come to oppose,

and were determined to put down. Any other individual holding these

heresies would have been equally obnoxious. They had no candidate of

their own; they worshiped no single leader; but they followed a

principle with unfaltering devotion. They clung unswervingly not only

to the property theory, but advanced boldly to its logical

sequence--Congressional protection to slavery in the Territories.

Of the convention's preliminary work little is worth recording--there

were the clamor and protest of contesting delegations and small fire

of parliamentary skirmishes, by which factions feel and measure each

other's strength. Caleb Cushing was made permanent chairman, for the

triple reason that he was from Massachusetts, that he was the ablest

presiding officer in the body, and was for the moment filled with

blind devotion to Southern views. The actual temper of the convention

was made manifest by the ready agreement of both extremes to join

battle in making the platform before proceeding to the nomination of

candidates. The usual committee of one member from each State was

appointed, and to it was referred the deluge of resolutions which had

been showered upon the convention.

Had an amicable solution of the slavery issue been possible, this

platform committee would have found it, for it labored faithfully to

accomplish the miracle. But after three days and nights of fruitless

suggestion and persuasion, the committee reappeared in convention.

Upon four points they had come to either entire or substantial

agreement. In addition to re-affirming formally the Cincinnati

platform of 1856, they advised the convention to favor, 1. The

faithful execution of the fugitive-slave law. 2. The protection of

naturalized citizens. 3. The construction of a Pacific railroad. 4.

The acquisition of the Island of Cuba. But upon the principal topic,

the question of slavery in the Territories, they felt compelled to

report that even an approximate unanimity was impossible. In

undisguised sorrow they proceeded to present two radically different

reports. The convention, not yet in the least realizing that the great

Democratic party had suffered fatal shipwreck in the secret

committee-room, listened eagerly to the reports and explanatory

speeches of the majority and minority of the committee.

The majority report[1] planted itself squarely upon the property

theory and Congressional protection. Mr. Avery, of North Carolina,

said it was presented in the name of 17 States with 127 electoral

votes, every one of which would be cast for the nominee. He argued

that in occupying new Territories Southern men could not compete with

emigrant-aid societies at the North. These could send a voter to the

Territories for the sum of $200, while it would cost a Southern man

$1500. Secure political power by emigration, and permit the

Territorial Legislatures to decide the slavery question, and the South

would be excluded as effectually as by the Wilmot proviso. Cuba must

be acquired, and the flag of this great country must float over Mexico

and the Central American States. But if you apply this doctrine of

popular sovereignty, and establish a cordon of free-States from the

Pacific to the Atlantic, where in the future are the South to

emigrate? They asked the equal right to emigrate with their property,

and protection from Congress during the Territorial condition. They

would leave it to the people in convention assembled, when framing a

State constitution, to determine the question of slavery for

themselves. They had no purpose but to have a vexed question settled,

and to put the Democratic party on a clear unclouded platform, not a

doubled-faced one--one face to the North and one face to the South.

Henry B. Payne, of Ohio, presented and defended the report of the

minority.[2] It asserted that all questions in regard to property in

States or Territories were judicial in their character, and that the

Democratic party would abide by past and future decisions of the

Supreme Court concerning them. Mr. Payne explained that while the

majority report was supported by 15 slave and two free-States,[3]

representing 127 electoral votes, the minority report was indorsed by

15 free-States,[4] representing 176 electoral votes. He argued that,

by the universal consent of the Democratic party, the Cincinnati

platform referred this question of slavery to the people of the

Territories, declaring that Congress should in no event intervene one

way or the other, and that all controversies should be settled by the

courts. Now the proposition of the majority report was to make a

complete retraction of those two cardinal doctrines of the Cincinnati

platform. The Northern mind had become thoroughly imbued with this

great doctrine of popular sovereignty. You could not tear it out of

their hearts unless you tore out their heart-strings themselves. "I

repeat, that upon this question of Congressional non-intervention we

are committed by the acts of Congress, we are committed by the acts of

National Democratic Conventions; we cannot recede without personal

dishonor, and, so help us God, we never will recede!"

Between these extremes of recommendation another member of the

platform committee--Benjamin F. Butler, of Massachusetts--proposed a

middle course. He advocated the simple reaffirmance of the Cincinnati

platform. If it had suffered a double interpretation, so had the Bible

and the Constitution of the United States. But beyond serving to

consume time and amuse the convention, Mr. Butler's speech made no

impression. The real tournament of debate followed, between William L.

Yancey, of Alabama, and Senator George E. Pugh, of Ohio.

[Sidenote] Halstead, "Conventions of 1860," pp. 5, 48.

It turned out in the end that Mr. Yancey was the master-spirit of the

Charleston Convention, though that body was far from entertaining any

such suspicion at the beginning. In exterior appearance he did not

fill the portrait of the traditional fire-eater. He is described as "a

compact middle-sized man, straight-limbed, with a square-built head

and face, and an eye full of expression"; "a very mild and gentlemanly

man, always wearing a genuinely good-humored smile, and looking as if

nothing in the world could disturb the equanimity of his spirits." He

had, besides, a marvelous gift of persuasive oratory. He was the

Wendell Phillips of the South, for, like his Northern rival, he was a

born agitator. Above all his colleagues, he was the brain and soul and

irrepressible champion of the pro-slavery reaction throughout the

Cotton States. He was tireless and ubiquitous; traveling, talking,

writing, lecturing, animating every intrigue, directing every caucus,

making speeches and drafting platforms at every convention. To defend,

propagate, and perpetuate African slavery was his mission. He was the

ultra of the ultras, accepting the institution as morally right and

divinely sanctioned, desiring its extension and inclined to favor,

though not then himself advocating, the re-opening of the African

slave-trade. He held that all Federal laws prohibiting such trade

ought to be repealed so that each State might decide the question for

itself. Still more, Mr. Yancey was not only an agitator and

fire-eater, but for years an insidious, persevering conspirator to

promote secession. Occupying such a position, he was naturally the

champion of the Cotton States at Charleston. The defense of the ultra

demands of the South was by common consent devolved upon him,[5] and

it was understood long beforehand that he was prepared with the

principal speech from that side.

In full consciousness of the fact that he and his colleagues were then

at Charleston with a predetermination to force a programme of

disruption expressly designed as a prelude to intended disunion, Mr.

Yancey stood up and with smiling face and silvery tones assured his

hearers that he and his colleagues from Alabama were not disunionists

_per se_. Then he proceeded with his speech. Only its key-note was

new, but the novelty was of startling import to Northern delegates.

The Northern Democrats, he stated, were losing ground and falling

before their victorious adversaries. Why? Because they had tampered

with, and pandered to, the anti-slavery sentiment. They had admitted

that slavery was wrong. This was surrendering the very citadel of

their argument. They must re-form their lines and change their

tactics. They must come up to the high requirements of the occasion

and take a new departure. The remainder of his speech was an

insinuating plea for the property doctrine and Congressional

intervention, for which the galleries and convention rewarded him with

long and earnest applause. Even if the great Southern agitator's

speech had been wanting in point and eloquence, success was supplied

by the unmistakable atmosphere and temper of this great Charleston

audience.

The more astute of the Douglas delegates were struck with the dismay

of a new revelation. Their cause was lost--their party was gone.

Senator Pugh, of Ohio, resented the dictation of the advocates of

slavery in a warmth of just indignation. He thanked God that at last a

bold and honest man had told the whole truth of the demands of the

South. It was now before the country that the South did demand an

advanced step from the Democratic party. He accurately traced the

downfall of the Northern Democracy to her changing and growing

exactions. Taunted with their weakness, they were now told they must

put their hands on their mouths and their mouths in the dust.

"Gentlemen of the South," said Mr. Pugh, "you mistake us--we will not

do it."

Such language had never been heard in a Democratic National

Convention, and the hall was as still as a funeral. This was Friday

night, the fifth day of the convention. "A crisis" had long been

whispered of as the skeleton in the party closet. It seemed to be at

hand, and in a parliamentary uproar the "question" was vehemently

demanded, but the chairman skillfully managed at length to secure an

adjournment.

The "crisis" had in reality come on Thursday night, in the

committee-room, in the hopeless first double report of its platform

committee. The dissolution of the convention did not take place till

the Monday following. A great party, after a vigorous and successful

life of thirty years, could not die easily. The speeches of Avery and

Payne, of Yancey and Pugh, on Friday, were recognized as cries of

defiance, but not yet accepted as moans of despair. On Saturday

morning. President Buchanan's lieutenant, William Bigler, of

Pennsylvania, essayed to ride the storm and steer to a Southern

victory. But he only succeeded in securing a recommittal of both

platforms to the committee. Nothing, however, was gained by the

manoeuvre. Saturday afternoon the committee once more reported the

same disagreement in slightly changed phraseology;[6] two antagonistic

platforms, presenting the same sharp difference of principle--one

demanding Congressional intervention, the other declaring against it.

Then the parliamentary storm was unloosed for the remainder of that

day with such fury that the chairman declared his physical inability

to continue a contest with six hundred gentlemen as to who should cry

the loudest, and threatened to leave the chair. On Monday, April 30,

the seventh day of the convention, a final decision was reached. The

proposal of Butler's report simply to reaffirm the Cincinnati platform

was supported by only 105 ayes to 198 noes. Then, by 165 to 138, the

convention voted to substitute the minority report for that of the

majority; in other words, to adopt the Douglas non-intervention

platform.

[Illustration: W.L. YANCEY.]

The explosion was near, but still delayed, and the delegates of the

Cotton States sat sullenly through a tangle of routine voting.

Finally, the question was renewed on Butler's proposition to adopt the

Cincinnati platform pure and simple. This was the red flag to the mad

bull. Mississippi declared that the Cincinnati platform was a great

political swindle on one half the States of the Union; and from that

time on the Cotton States ceased to act as a part of the convention.

As soon as a lull in the proceedings permitted, Mr. Yancey put in

execution his programme of demand, disruption, disunion, and

rebellion, labored for through long years, and announced by himself,

with minute distinctness, nine months before.[7] Led by the Alabama

delegation, the Cotton States,--Alabama, Mississippi, Louisiana, South

Carolina, Florida, Texas, and Arkansas,--with protests and speeches,

with all the formality and "solemnity" which the occasion allowed,

seceded from the Charleston Convention, and withdrew from the

deliberations in Institute Hall.

That same Monday night the city of Charleston expressed its satisfaction

by a grand jubilee. Music, bonfires, and extravagant declamation held

an excited crowd in Court-house Square till a late hour; and in a

high-wrought peroration Yancey prophesied, with all the confidence and

exultation of a triumphant conspirator, that "perhaps even now the pen

of the historian is nibbed to write the story of a new revolution."

----------

[1] MAJORITY REPORT.

"Resolved, That the platform adopted at Cincinnati be affirmed, with

the following resolutions:

"Resolved, That the Democracy of the United States hold these cardinal

principles on the subject of slavery in the Territories: First. That

Congress has no power to abolish slavery in the Territories. Second.

That the Territorial Legislature has no power to abolish slavery in

any Territory, nor to prohibit the introduction of slaves therein, nor

any power to exclude slavery therefrom, nor any power to destroy or

impair the right of property in slaves "by any legislation

whatever....

"Resolved, That it is the duty of the Federal Government to protect,

when necessary, the rights of persons and property on the high seas,

in the Territories, or wherever else its constitutional authority

extends."

[2] MINORITY REPORT.

"Resolved, That we, the Democracy of the Union, in convention

assembled, hereby declare our affirmance of the resolutions

unanimously adopted and declared as a platform of principles by the

Democratic Convention at Cincinnati in the year 1856, believing that

Democratic principles are unchangeable in their nature when applied to

the same subject-matters; and we recommend, as the only further

resolutions, the following:

"Resolved, That all questions in regard to the rights of property in

States or Territories arising under the Constitution of the United

States are judicial in their character, and the Democratic party is

pledged to abide by and faithfully carry out such determination of

these questions as has been, or may be made by the Supreme Court of

the United States."

[3] Delaware, Maryland, Virginia, North Carolina, South Carolina,

Georgia, Florida, Alabama, Louisiana, Mississippi, Texas, Arkansas,

Missouri, Tennessee, Kentucky, California, Oregon.

[4] Maine, New Hampshire, Vermont, Rhode Island, Connecticut, New

York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Michigan,

Wisconsin, Iowa, Minnesota, and Massachusetts. As Mr. Butler, who

represented Massachusetts on the platform committee, had submitted a

separate report, Mr. Payne seems not to have included her in his total

of free-States, though he does appear to have included her electoral

vote in his estimate.

[5] "The leadership at Charleston, in this attempt to divide and

destroy the Democratic party, was intrusted to appropriate hands. No

man possessed the ability, or the courage, or the sincerity in his

object for such a mission in a higher degree than the gifted

Yancey."--Stephen A. Douglas, Senate Speech, May 16, 1860; Appendix to

"Congressional Globe," p. 313.

[6] SECOND MAJORITY REPORT.

"_Resolved_, That the platform adopted by the Democratic party at

Cincinnati be affirmed with the following explanatory resolutions:

"_First_. That the government of a Territory organized by an act of

Congress is provisional and temporary, and, during its existence, all

citizens of the United States have an equal right to settle with their

property in the Territory without their rights, either of person or

property, being destroyed or impaired by Congressional or Territorial

legislation.

"_Second_. That it is the duty of the Federal Government in all its

departments, to protect, when necessary, the rights of persons and

property in the Territories, and wherever else its constitutional

authority extends.

"_Third_. That when the settlers in a Territory having an adequate

population form a State constitution, the right of sovereignty

commences, and, being consummated by admission into the Union, they

stand on an equal footing with the people of other States, and the

State thus organized ought to be admitted into the Federal Union,

whether its constitution prohibits or recognizes the institution of

slavery."

SECOND MINORITY REPORT.

"1. _Resolved_, That we, the Democracy of the Union, in convention

assembled, hereby declare our affirmance of the resolutions

unanimously adopted and declared as a platform of principles by the

Democratic Convention at Cincinnati, in the year 1856, believing that

democratic principles are unchangeable in their nature when applied to

the same subject-matters; and we recommend as the only further

resolutions the following:

"Inasmuch as differences of opinion exist in the Democratic party as

to the nature and extent of the powers of a Territorial Legislature

and as to the powers and duties of Congress under the Constitution of

the United States over the institution of slavery within the

Territories:

"2. _Resolved_, That the Democratic party will abide by the decisions

of the Supreme Court of the United States on the questions of

constitutional law."

[7] "To obtain the aid of the Democracy in this contest, it is

necessary to make a contest in its Charleston Convention. In that body

Douglas's adherents will press his doctrines to a decision. If the

States-Rights men keep out of that convention, that decision must

inevitably be against the South, and that either in direct favor of

the Douglas doctrine, or by the indorsement of the Cincinnati

platform, under which Douglas claims shelter for his principles." "The

States-Rights men should present in that convention their demands for

a decision, and they will obtain an indorsement of their demands, or a

denial of these demands. If indorsed, we shall have greater hope of

triumph within the Union. If denied, in my opinion, the States-Rights

wing should secede from the convention, and appeal to the whole people

of the South; without distinction of parties, and organize another

convention upon the basis of their principles, and go into the

election with a candidate nominated by it, as a grand constitutional

party. But in the Presidential contest a black Republican may be

elected. If this dire event should happen, in my opinion the only hope

of safety for the South is in a withdrawal from the Union before he

shall be inaugurated; before the sword and treasury of the Federal

Government shall be placed in the keeping of that party. I would

suggest that the several State legislatures should by law require the

Governor, when it shall be made manifest that the black Republican

candidate for the Presidency shall receive a majority of the electoral

votes, to call a convention of the people of the State, to assemble in

ample time to provide for their safety before the 4th of March, 1861.

If, however, a black Republican should not be elected, then, in

pursuance of the policy of making this contest within the Union, we

should initiate measures in Congress which should lead to a repeal of

all the unconstitutional acts against slavery. If we should fail to

obtain so just a system of legislation, then the South should seek her

independence out of the Union."--Speech of W.L. Yancey, delivered at

Columbia, S.C., July 8, 1859. Copied in The New York "Tribune," July

20, 1859.

The corroboration and fulfillment of the plot here indicated are found

in the official proceedings of the Alabama Convention and the Alabama

Legislature. The convention on January 13, 1860, expressly instructed

its delegation at Charleston to secede in case the ultra-Southern

doctrines were not incorporated in the National Democratic platform,

and sent Mr. Yancey as a delegate to execute their instructions, which

he did as the text states.

The Alabama Legislature, on its part, passed a joint resolution, which

the Governor approved, February 24, 1860, providing "that upon the

election of a President advocating the principles and action of the

party in the Northern States calling itself the Republican party," the

Governor should forthwith call a convention of the State. This

convention was duly called after the election of Mr. Lincoln, and

passed the secession ordinance of Alabama.

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