CHAPTER VI

A CRISIS AND A COMPROMISE

In 1840 there were 200 Abolition societies, with a membership of over

200,000. Agitation had created all over the North a spirit of hostility

to slavery as it existed in the South, and especially to the admission

of new slave States into the Union. In 1840 the struggle over the

application of Texas for admission into the Union had already, for three

years, been mooted. Objections to the admission of the new State were

many, such as: American adventurers had wrongfully wrested control of

the new State from Mexico; boundary lines were unsettled; war with

Mexico would follow, etc.; but chiefly, Texas was a slave State, which

was, in the South, a strong reason for annexation. There were, however,

many sound and unanswerable arguments for the admission of the new

State, just such as had influenced Jefferson in purchasing the

Louisiana territory: Texas was contiguous, her territory and resources

immense.

On the issue thus joined the first great gun had been fired by Dr.

Channing, who, though still more moderate than some, might now be

classed as an Abolitionist. August 1, 1837, he wrote a long open letter

to Henry Clay against annexation, and in that letter he said:

To me it seems not only the right but the duty of the Free States,

in case of the annexation of Texas, to say to the slave-holding

States, "We regard this act as the dissolution of the Union; the

essential conditions of the National Compact are violated."[36]

[36] "Channing's Works," vol. II, ed. 1847, p. 237.

This was very like the pronunciamento already made by Garrison--"no

union with slavery."

The underlying reasons that controlled Southern statesmen in this

contest over Texas, and the motives that animated them in the fierce

battles they fought later for new slave States, are thus stated by Mr.

George Ticknor Curtis, of New England.[37]

[37] "Life of Buchanan," vol. II, p. 280.

It should in justice be remembered that the effort _at that period

to enlarge the area of slavery was an effort on the part of the

South, dictated by a desire to remain in the Union, and not to

accept the issue of an inherent incompatibility of a political

union between slave-holding and non-slave-holding States_.

In 1840 the first effort for the annexation of Texas, by treaty, was

defeated in the Senate.

If the Southerners had been as ready to accept the doctrine of an

inherent incompatibility between slave and free States as were Dr.

Channing and those other Abolitionists who were now declaring for "no

union with slave-holders," they would at once have seceded and joined

Texas; but the South still loved the Union, and strove, down to 1860,

persistently, and often passionately, for power that would enable it to

remain safely in its folds.

Texas was finally admitted in 1845, after annexation had been passed on

by the people in the presidential election of 1844. In that election

Clay was defeated by the Abolitionists. Because Clay was not

unreservedly against annexation the Abolitionists drew from the Whigs in

New York State enough votes, casting them for Birney, to defeat Clay and

elect Polk; and now Abolitionism was a factor in national politics.

The two great national parties were the Democrats and the Whigs, the

voters somewhat equally divided between them. For years both parties had

regarded the Abolitionists precisely as did the non-partisan meeting at

Faneuil Hall, in August, 1835--as a band of agitators, organized for the

purpose of interfering with slavery where it was none of their business;

and both parties had meted out to this new and, as they deemed it,

pestilent sect, unstinted condemnation. But at last the voters of this

despised cult had turned a presidential election and were making inroads

in both parties. Half a dozen Northern States, in which in 1835 "no

protest had been made against the fugitive slave law of 1793," had

already passed "personal liberty laws" intended to obstruct and nullify

that law. And now it was "slave-catchers" and not Abolitionists who were

being mobbed in the North.

Boston had reversed its attitude toward the Abolitionists. On May 31,

1849, the New England Anti-Slavery Society was holding its annual

convention in that very Faneuil Hall where, in 1835, Abolitionism had

been so roundly condemned; and now Wendell Phillips, pointing to one of

two fugitive slaves, who then sat triumphantly on the platform, said,

"amid great applause, ... 'We say that they may make their little laws

in Washington, but that _Faneuil Hall repeals them_, in the name of the

humanity of Massachusetts.'"[38]

[38] Garrison's "Garrison," vol. III, p. 247.

Poets headed by Whittier and Longfellow, authors like Emerson and

Lowell, and orators like Theodore Parker and Wendell Phillips, had

joined the agitators, and all united in assaulting the fugitive slave

law. The following, from James Russell Lowell's "Biglow Papers," No. 1,

June, 1840, is a specimen of the literature that was stirring up

hostility against slavery and the "slave-catcher" in the breasts of many

thousands, who were joining in an anti-slavery crusade while disdaining

companionship with the Abolitionists:

"Ain't it cute to see a Yankee

Take such everlastin' pains

All to get the Devil's Thankee

Helpin' on 'em weld their chains?"

W'y it's jest es clear es figgers,

Clear es one and one makes two,

Chaps that makes black slaves of niggers

Want to make w'ite slaves o' you.

In the meantime the people of the South, much excited, were resorting to

repression, passing laws to prevent slaves from being taught to read,

and laws, in some States, inhibiting assemblages of slaves above given

numbers, unless some white person were present--all as safeguards

against insurrection. Thus, in 1835, an indictment was found in

Tuscaloosa County, Alabama, against one Williams, who had never been in

Alabama, for circulating there an alleged incendiary document, and

Governor Gayle made requisition on Governor Marcy, of New York, for the

extradition of Williams. Governor Marcy denied the request. The case was

the same as that more recently decided by the Supreme Court of the

United States, when it held that editors of New York and Indiana papers

could not be brought to the District of Columbia for trial.

The South, all the while clamoring to have the agitators put down, had

by still other means than these contributed to the ever-increasing

excitement in the North. Southerners had mobbed Abolitionists, and

whipped and driven out of the country persons found in possession of

_The Liberator_ or suspected of circulating other incendiary literature.

And violence in the South against the Abolitionists had precisely the

same effect on the Northern mind as the violence against them in the

North had from 1835 to 1838, but there was this difference: the refugee

from the distant South, whether he were an escaped slave or a fleeing

Abolitionist, could color and exaggerate the wrongs he had suffered and

so parade himself as a martyr. While this was true, it was also quite

often true that the outrage committed in the South against the suspect

was real enough--a mob had whipped and expelled him without any trial.

_And this is another of the lessons as to the evil effects of mob law

that crop out all through the history of the anti-slavery crusade. No

good can come from violating the law._

In 1848 another presidential election turned on the anti-slavery vote,

this time again in New York State. Anti-slavery Democrats bolted the

Democratic ticket, thus electing General Taylor, the Whig candidate.

In the canvass preceding this election originated, we are told, the

catch-phrase applied to Cass, the Democratic candidate--"a Northern man

with Southern principles." The phrase soon became quite common, South

and North--"a Southern man with Northern principles," and _vice versa_.

The invention and use of it in 1848 shows the progress that had been

made in arraying one section of the Union against the other. Later, a

telling piece of doggerel in Southern canvasses, and it must also have

been used North, was

He wired in and wired out,

Leaving the people all in doubt,

Whether the snake that made the track

Was going North, or coming back.

Over the admission of California in 1849 there was another battle.

California, 734 miles long, with about 50,000 people (less than the

usual number), and with a constitution improvised under military

government, applied for admission as a State. Southerners insisted on

extending the line of the Missouri Compromise to the Pacific, thereby

making of the new territory two States. The South had been much

embittered by the opposition to the admission of Texas. Texas was,

nearly all of it, below the Missouri Compromise line, and the South

thought it was equitably entitled to come in under that agreement. Its

case, too, differed from that of Missouri, which already belonged to the

United States when it applied for admission as a State. Texas, with all

its vast wealth, was asking to come in without price.

Another continuing and increasing cause of distraction had been the use

made by Abolitionists of the right of petition. As already shown,

petitions to Congress against slavery had been received without question

till 1836, when Northern conservatives and Southern members, hoping to

abate this source of agitation, had combined to pass a resolution to lay

them on the table, which meant that they were to be no further noticed.

The Abolitionists were so delighted over the indefensible position into

which they had driven the conservatives--the "gag law"--that they

continued, up to the crisis of 1850, with unflagging zeal to hurry in

monster petitions, one after another. The debates provoked by the

presentation of these petitions, and the more and more heated

discussions in Congress of _slavery in the States_, which was properly

_a local and not a national question_, now attracted still wider public

attention. The Abolitionists had almost succeeded in arraying the entire

sections against each other, in making of the South and North two

hostile nations. Professor John W. Burgess, dean of the Faculty of

Political Science in Columbia University, says: "It would not be

extravagant to say that the whole course of the internal history of the

United States from 1836 to 1861 was more largely determined by the

struggle in Congress, over the _Abolition petitions_ and the use of the

mails for the Abolition literature, than anything else."[39]

[39] "The Middle Period," John W. Burgess, p. 274.

The South had its full share in the hot debates that took place over

these matters in Congress. Its congressmen were quite as aggressive as

those from the North, and they were accused of being imperious in

manner, when demanding that a stop should be put to Abolition petitions,

and Abolition literature going South in the mails.

There was another cause of complaint from the South, and this was grave.

By the "two underground railroads" that had been established, slaves,

estimated at 2,000 annually, abducted or voluntarily escaping, were

secretly escorted into or through the free States to Canada. To show how

all this was then regarded by those who sympathized with the

Abolitionists, and how it is still looked upon by some modern

historians, the following is given from Hart's "Abolition and Slavery":

"The underground railroad was manned chiefly by orderly citizens,

members of churches, and philanthropical citizens. _To law-abiding folk_

what could be more delightful than the sensation of aiding an oppressed

slave, _exasperating_ a cruel master, and at the same time incurring the

penalties of _defying an unrighteous law_?"

Southerners at that time thought that conductors on that line were

practising, and readers of the above paragraph will probably think that

Dr. Hart in his attractive rhetoric is now extolling in his history,

"higher law doctrines."

It is undoubtedly true that, in 1850, a large majority of the Northern

people strongly disapproved of the Abolitionists and their methods.

Modern historians carefully point out the difference between the great

body of Northern anti-slavery people and the Abolitionists.

Nevertheless, here were majorities in eleven Northern States voting for,

and sustaining, the legislators who passed and kept upon the statute

books laws which were intended to enable Southern slaves to escape from

their masters. The enactment and the support of these laws was an attack

upon the constitutional rights of slave-holders; and Southern people

looked upon all the voters who sustained these laws, and all the

anti-slavery lecturers, speakers, pulpit orators, and writers of the

North, as engaged with the Abolitionists in one common crusade against

slavery. From the Southern stand-point a difference between them could

only be made by a Hudibras:

He was in logic a great critic

Profoundly skilled in analytic,

He could distinguish and divide

A hair 'twixt South and South West side.

As to how much of the formidable anti-slavery sentiment of that day had

been created by the Abolitionists, we have this opinion of a

distinguished English traveller and observer. Mr. L. W. A. Johnston was

in Washington, in 1850, studying America. He says:

"Extreme men like Garrison seldom have justice done to them. It is true

they may be impracticable, both as to their measures and their men, but

that unmixed evil is the result of their exertions, all history of

opinion in every country, I think, contradicts. Such ultra men are as

necessary as the more moderate and reasonable advocates of any growing

opinion; and, as _an impartial person_, who never happened to fall in

with one of the party in the course of my tour, I must express my belief

that the present wide diffusion of anti-slavery sentiment in the United

States is, in no small degree, owing to their exertions."[40]

[40] "Notes on North America," London, 1851, vol. II, p. 486.

And Professor Smith, of Williams College, speaking of the anti-slavery

feeling in the North in 1850, says:

"This sentiment of the free States regarding slavery was to a large

degree the result of an agitation for its abolition which had been

active for a score of years (1831-1850) without any positive

results."[41]

[41] "Parties and Slavery," Smith, pp. 3, 4.

But no matter what had produced it, the anti-slavery sentiment that

pervaded the North in 1850 boded ill to slavery and to the Constitution,

and the South was bitterly complaining. Congress met in December, 1849,

and was to sit until October, 1850. Lovers of the Union, North and

South, watched its proceedings with the deepest anxiety. The South was

much excited. The continual torrent of abuse to which it was subjected,

the refusal to allow slavery in States to be created from territory in

the South-west that was below the parallel of the Missouri Compromise,

and the complete nullification of the fugitive slave law, seemed to many

to be no longer tolerable, and from sundry sources in that section came

threats of secession.

In 1849-50 the South was demanding a division of California, an

efficient fugitive slave law, and that the territories of New Mexico and

Arizona should be organized with no restrictions as to slavery. Other

minor demands were unimportant.

Henry Clay, Daniel Webster, Stephen A. Douglas, Lewis Cass, and other

conservative leaders came forward and, after long and heated debates in

Congress, the Compromise of 1850 was agreed on. To satisfy the North,

California, as a whole, came in as a free State, and the slave trade was

abolished in the District of Columbia. To satisfy the South, a new and

stringent fugitive slave law was agreed on, and the territories of New

Mexico and Arizona were organized with no restrictions as to slavery.

In bringing about this compromise, Daniel Webster was, next to Clay, the

most conspicuous figure. He was the favorite son of New England and the

greatest statesman in all the North. On the 7th of March, 1850, Mr.

Webster made one of the greatest speeches of his life on the Compromise

measures. Rising above the sectional prejudices of the hour, he spoke

for the Constitution and the Union. The manner in which he and his

reputation were treated by popular historians in the North, for half a

century afterward, on account of this speech, is the most pathetic and,

at the same time, the most instructive story in the whole history of the

anti-slavery crusade.

Mr. Webster was under the ban of Northern public opinion for all this

half a century, not because of inconsistency between that speech and his

former avowals, an averment often made and never proven, but because he

was consistent. He stood squarely upon his record, and the venom of the

assaults that were afterward made upon him was just in proportion to the

love and veneration which had been his before he offended. His offence

was that he would not move with the anti-slavery movement.[42] He did

not stand with his section in a sectional dispute.

[42] McMaster says: "The great statesman was behind the

times."--"Webster," p. 19.

Henry Clay, old and feeble, had come back into the Senate to render his

last service to his country. He was the author of the Compromise. Daniel

Webster was everywhere known as the champion of the Union. Henry Clay

was known as the "Old Man Eloquent," and he now spoke with all his

old-time fire; but Webster's great speech probably had more influence on

the result.

Before taking up Mr. Webster's speech his previous attitude toward

slavery must be noted. The purpose of the friends of the Union was, of

course, to effect a compromise that would, if possible, put an end to

sectional strife. Compromise means concession, and a compromise of

political differences, made by statesmen, may involve some concession of

view previously held by those who advocate as well as by those who

accept it. Webster thought his section of the Union should now make

concessions.

Fanaticism, however, concedes nothing; it never compromises, although

statesmanship does. One of the most notable utterances of Edmund Burke

was:

"_All government, indeed every human benefit and enjoyment, every virtue

and every prudent act, is founded on compromise and barter._"

Great statesmen, on great occasions, speak not only to their countrymen

and for the time being, but they speak to all mankind and for all time.

So spoke Burke in that famous sentence when advocating, in the British

Parliament in 1776, "conciliation with America"; and so did Daniel

Webster speak, in the Senate of the United States, on the 7th of March,

1850, for "the Constitution and the Union." If George III and Lord North

had heeded Burke, and if the British government and people, from that

day forth, had followed the wise counsels given in that speech by their

greatest statesman, all the English-speaking peoples of the world, now

numbering over 170,000,000, might have been to-day under one government,

that government commanding the peace of the world. And if all the people

of the United States in 1850 and from that time on, had heeded the words

of Daniel Webster, we should have been spared the bloodiest war in the

book of time; every State of the Union would have been left free to

solve its own domestic problems, and it is not too much to say that

these problems would have been solved in full accord with the advancing

civilization of the age.

The sole charge of inconsistency against Webster that has in it a shadow

of truth relates to the proposition he made in his speech as to the

"Wilmot proviso." That celebrated proviso was named for David Wilmot, of

Pennsylvania, its author. It provided against slavery in all the

territory acquired from Mexico. The South had opposed the Wilmot proviso

because the territory in question, much of it, was south of the Missouri

Compromise line extended. Mr. Webster had often voted for the Wilmot

proviso, as all knew. In his speech for the Compromise, by which the

South was urged to and did give up its contentions as to the admission

of California, and its contentions as to the slave trade in the District

of Columbia, Webster argued that _the North might forego_ the proviso as

to New Mexico and Arizona for the reason that the proviso was, as to

these territories, _immaterial_. Those territories, he argued, would

never come in as slave States, because the God of nature had so

determined. Climate and soil would forbid. Time vindicated this

argument. In 1861 Charles Francis Adams said, in Congress, that New

Mexico, open to slave-holders and their slaves for more than ten years,

then had only twelve slaves domiciled on the surface of over 200,000

square miles of her extent.[43]

[43] "Vindication of Webster," William C. Wilkinson, p. 69.

Daniel Webster's services to the cause of the Union, the preservation of

which had been the passion of his life, had been absolutely

unparalleled. It is perhaps true that without him Abraham Lincoln and

the armies of the Union in 1861-65 would have been impossible. The sole

and, as he then stated and as time proved, immaterial concession this

champion of the Union now (1850) made for the sake of preserving the

Union was his proposition as to New Mexico and Arizona.

Henry Clay spoke before Webster. These words were the key-note of Clay's

great speech: "In my opinion the body politic cannot be preserved unless

this agitation, this distraction, this exasperation, which is going on

between the two sections of the country, shall cease."

The country waited with anxiety to hear from Webster. Hundreds of

suggestions and appeals went to him. Both sides were hopeful.[44]

Anti-slavery people knew his aversion to slavery. He had never

countenanced anti-slavery agitation, but he had voted for the Wilmot

proviso. They knew, too, that he had long been ambitious to be

President, and, carried away by their enthusiasm, they hoped that

Webster would swim along with the tide that was sweeping over the

majority section of the Union. In view of Mr. Webster's past record,

however, it would be difficult to believe that Abolitionists were really

disappointed in him had we not many such proofs as the following stanza

from Whittier's ode, published after the speech:

Oh! dumb be passing, stormy rage

When he who might

Have lighted up and led his age

Falls back in night!

[44] McMaster's "Webster."

The conservatives also were hopeful. They knew that, though Webster had

always been, as an individual, opposed to slavery, he had at all times

stood by the Constitution, as well as the Union. At no time had he ever

qualified or retracted these words in his speech at Niblo's Garden in

1839: "Slavery, as it exists in the States, is beyond the reach of

Congress. It is a concern of the States themselves. They have never

submitted it to Congress, and Congress has no rightful power over it. I

shall concur therefore in _no act_, _no measure_, _no menace_, no

indication of purpose which _shall interfere or threaten to interfere

with the exclusive authority_ of the several States over the subject of

slavery, as it exists within their respective limits. All this appears

to me to be matter of plain imperative duty."

Nullifying the fugitive slave law was a plain "interference" with the

rights of the slave States.

Mr. Webster's intent, when he spoke on the Compromise measures, is best

explained by his own words, on June 17, while these measures were still

pending: "Sir, my object is peace. My object is reconciliation. My

purpose is not to make up a case _for the North_ or a case _for the

South_. My object is not to continue useless and irritating

controversies. I am against agitators, North and South, and all narrow

local contests. I am an American, and I know no locality but America."

In his speech made on the 7th of March he dwelt at length on existing

conditions, on the attitude of the North toward the fugitive slave law,

and argued fully the questions involved in the "personal liberty" laws

passed by Northern States. Referring to the complaints of the South

about these, he said: "In that respect _the South, in my judgment, is

right and the North is wrong_. Every member of every Northern

legislature is bound by oath, like every other officer in the country,

to support the Constitution of the United States; and the article of the

Constitution which says to these States that they shall deliver up

fugitives from service _is as binding in honor and conscience as any

other article_. _No man fulfils his duty in any legislature who sets

himself to find excuses, evasions, escapes, from this constitutional

obligation._"

And further on he said: "Then, sir, there are the Abolition societies,

of which I am unwilling to speak, but in regard to which I have very

clear notions and opinions. I do not think them useful. _I think their

operations for the last twenty years have produced nothing good or

valuable.... I cannot but see what mischief their interference with the

South has produced._"

In these statements is the substance of Webster's offending.

Webster's speech was followed, on the 11th of March, by the speech of

Senator Seward, of New York, in the same debate. Quoting the fugitive

slave provision of the Federal Constitution, Mr. Seward said: "This is

from the Constitution of the United States in 1787, and the parties were

the Republican States of the Union. The law of nations _disavows such

compacts; the law of nature, written on the hearts and consciences of

freemen, repudiates them_."[45] The people of the North, instead of

following Webster, chose to follow Seward, the apostle of a _law higher

than the Constitution_; and when, ten years later, it appeared to them

that the whole North had given in its adhesion to the "higher law"

doctrine, the people of eleven Southern States seceded, and put over

themselves in very substance the Constitution that Seward had flouted

and Webster had pleaded for in vain.

[45] _Congressional Globe_, 31st Congress, 1st session, Appendix, p.

263.

Anti-slavery enthusiasts in the North generally, and Abolitionists

especially, in their comments on Webster's speech scouted the idea that

the preservation of the Union depended upon the faithful execution of

the fugitive slave law or the cessation of anti-slavery agitation.

"What," said Theodore Parker, "cast off the North! They set up for

themselves! Tush! Tush! Fear boys with bugs!... I think Mr. Webster knew

there was no danger of a dissolution of the Union."[46]

[46] "Vindication of Webster," William C. Wilkinson, p. 191.

The immediate effect of the speech was wonderful; congratulations poured

in upon Mr. Webster from conservative classes in every quarter, and he

must have felt gratified to know that he had contributed greatly to the

enactment of measures that, for a time, had some effect in allaying

sectional strife. But the revilings of the Abolitionists prevailed, and

it turned out that Daniel Webster, great as he was, had undertaken a

task that was too much even for him. His enemies struck out boldly at

once: and years afterward, when the anti-slavery movement that Webster's

appeals could not arrest had culminated in secession, and when the

Union had been saved by arms, the triumphant hosts of the anti-slavery

crusade all but succeeded in writing Daniel Webster down permanently in

the history of his country as an apostate from principle for the sake of

an office he did not get. Here is their verdict, which Mr. Lodge, a

biographer of Webster, passes on into history:

"The _popular verdict_ has been given against the 7th of March speech,

_and that verdict has passed into history_. Nothing can be said or done

which will alter the fact that the people of this country, _who

maintained and saved the Union, have passed judgment on Mr. Webster_,

and condemned what he said on the 7th of March as _wrong in principle

and mistaken in policy_."

Here are specimens of the assaults that were made on Webster after his

speech. They are selected from among many given by one of his

biographers.[47]

[47] McMaster's "Webster," p. 316 _et seq._

"'Webster,' said Horace Mann, 'is a fallen star! Lucifer descended from

Heaven.'... 'Webster,' said Sumner, 'has placed himself in the dark

list of apostates.' When Whittier named him Ichabod, and mourned for him

in verse as one dead, he did but express the feeling of half New

England:

'Let not the land once proud of him

Mourn for him now,

Nor brand with deeper shame his dim

Dishonored brow.

* * * * *

Then pay the reverence of old days

To his dead fame!

Walk backward with averted gaze

And hide his shame.'"

After much more to the same effect, Professor McMaster proceeds: "The

attack by the press, the _expressions of horror_ that rose from New

England, Webster felt keenly, but the absolute isolation in which he was

left by his New England colleagues cut him to the quick."[48]

[48] Professor McMaster in the chapter preceding that containing these

extracts, has collected much evidence to show that Webster aspired to be

President, and the biographer entitles the chapter, "Longing for the

Presidency," apparently the author's clod on the grave of a buried

reputation.

On Mr. Webster's speech, its purpose and effect, we have this opinion

from Mr. Lodge:

"The speech, if exactly defined, is in reality a powerful effort, not

for a compromise, or for the fugitive slave law, or for any other one

thing, _but to arrest the whole anti-slavery movement_, and in that way

_put an end to the danger which threatened the Union and restore harmony

to the jarring sections_."

And then he adds:

"_It was a mad project. Mr. Webster might as well have attempted to stay

the incoming tide at Marshfield with a rampart of sand, as to check the

anti-slavery movement with a speech._"

To undertake at this time to arrest the whole anti-slavery movement by

holding up the Constitution was indeed useless.

Seward, who had spoken for the "higher law," was riding on the tide of

anti-slavery sentiment that was submerging "the Sage of Marshfield," who

had stood for the Constitution. Seward's reputation, in the years

following, went steadily up, while Webster's was going down. Webster

died, in dejection, in 1852.

Seward, at Rochester, in 1854, later on in the same crusade, made

another famous declaration--there was an "irrepressible conflict between

slavery and freedom." The conflict was "irrepressible," as Seward well

knew; and this was simply and solely because the anti-slavery crusade

could not be suppressed. Clay and Webster, now both dead and gone, had

tried it in vain. Every one knew that if, in 1850, or at any other time,

the anti-slavery hosts had halted, and asked for, or consented to,

peace, they could have had it at once.

Mr. Lodge, in the following paragraph, seems to have almost made up his

mind to defend Webster. He says: "What most shocked the North were his

utterances in regard to the fugitive slave law. There can be no doubt

that, _under the Constitution_, the South had a _perfect right_ to claim

the extradition of fugitive slaves. The legal _argument to support that

right was excellent_." This would seem to justify the speech in that

regard. "But," Mr. Lodge adds, "the Northern people could not feel that

it was _necessary_ for _Daniel Webster_ to make it." They wanted him to

be sectional or to hold his tongue. Then Mr. Lodge goes on to say: "The

fugitive slave law was in _absolute conflict with the awakened

conscience and moral sentiment of the North_."

The conscience of _the North_ at that time, Mr. Lodge means, was a

_higher law_ than the _Constitution_; and Webster's "excellent

argument," therefore, fell on deaf ears.

No American historian stands higher as an authority than Mr. Rhodes. He

says on page 161, vol. I, of his "History of the United States,"

published in 1892: "_Until the closing years of our century a

dispassionate judgment could not be made of Webster_; but we see now

that in the war of secession his principles were mightier than those of

Garrison. It was not 'No Union with slave-holders,' but _Liberty and

Union_ that won."

This tribute to services Webster had rendered to the Union in his great

speech in 1850, in which he advocated "Liberty and Union, now and

forever," exactly as he was advocating it in 1830, is just. How pathetic

that the historian was impelled also to record the fact, in the same

sentence, that for nearly half a century partisan prejudice had rendered

it impossible to form a dispassionate judgment of him who had pleaded in

vain for the Union without war!

After an able analysis of his "7th of March speech," and a discussion of

his record, in which he paralleled Webster and Edmund Burke, Mr. Rhodes

declares: "His dislike of slavery was strong, but his love of the Union

was stronger, and the more powerful motive outweighed the other, for he

believed that _the crusade against slavery had arrived at a point where

its further prosecution was hurtful to the Union_. As has been said of

Burke, 'He changed his front but he never changed his ground.'"[49]

[49] _Ib._, p. 160.

Daniel Webster's name and its place in history may be likened to a giant

oak, a monarch of the forest, that, while towering high above all

others, was stripped of its branches; for a time it stood, a rugged

trunk, robbed of its glory by a cyclone; but its roots were deep down in

the rich earth; the storm is passing away; the tree has put out buds

again; now its branches are stretching out once more into the clear

reaches of the upper air.

Mr. Rhodes seems to be the first historian of note to do justice to

Daniel Webster and the great speech which, McMaster takes pains to

inform us, historians have written down as his "7th of March speech," in

spite of the fact that Mr. Webster himself entitled it "The

Constitution and the Union."

Other historians besides Mr. Rhodes have come to the rescue of Webster's

speech for "the Constitution and the Union." Mr. John Fiske says of it

in a volume (posthumous) published in 1907: "So far as Mr. Webster's

moral attitude was concerned, although he was not prepared for the

bitter hostility that his speech provoked in many quarters, he must

nevertheless have known it was quite as likely to injure him at the

North as to gain support for him in the South, and his resolute adoption

of a policy that he regarded as national rather than sectional was

really an instance of high moral courage."[50]

[50] "Daniel Webster and the Sentiment of Union," John Fiske, "Essays

Historical and Literary," pp. 408-9.

Mr. William C. Wilkinson has recently written an able "Vindication of

Daniel Webster," and, after a conclusive argument on that branch of his

subject, he says: "Webster's consistency stands like a rock on the shore

after the fretful waves are tired with beating upon it in vain."[51]

[51] "Daniel Webster: A Vindication," p. 47.

Mr. E. P. Wheeler, concluding a masterly sketch of Daniel Webster,

setting forth his services as statesman and expounder of the

Constitution, and not deigning to notice the partisan charges against

him, concludes with these words:

"Great men elevate and ennoble their countrymen. In the glory of Webster

we find the glory of our whole country."

The story of Daniel Webster and his great speech in 1850 has been told

at some length because it is instructive. The historians who had set

themselves to the task of upholding the idea that it was the

aggressiveness of the South, during the controversy over slavery, and

not that of the North, that brought on secession and war, could not make

good their contention while Daniel Webster and his speech for "the

Constitution and the Union" stood in their way. They, therefore, wrote

the great statesman "down and out," as they conceived. But Webster and

that speech still stand as beacon lights in the history of that crusade.

The attack came from the North. The South, standing for its

constitutional rights in the Union, was the conservative party.

Southern leaders, it is true, were, during the controversy over

slavery, often aggressive, but they were on the defensive-aggressive,

just as Lee was when he made his campaign into Pennsylvania for the

purpose of stopping the invasion of his own land; and the South lost in

her political campaign just for the same reason that Lee lost in his

Gettysburg campaign: numbers and resources were against her. "The stars

in their courses fought against Sisera."

Mr. Webster in his great speech for "the Constitution and the Union," as

became a great statesman pleading for conciliation, measured the terms

in which he condemned "personal liberty" laws and Abolitionism. But

afterward, irritated by the attacks made upon him, he naturally spoke

out more emphatically. McMaster quotes several expressions from his

speeches and letters replying to these assaults, and says: "His hatred

of Abolitionists and Free-soilers grew stronger and stronger. To him

these men were a 'band of sectionalists, narrow of mind, wanting in

patriotism, without a spark of national feeling, and quite ready to see

the Union go to pieces if their own selfish ends were gained.'" Such,

if this is a fair summing up of his views, was Webster's final opinion

of those who were carrying on the great anti-slavery crusade.[52]

[52] McMaster's "Webster," p. 340.

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