THE GREAT CONSPIRACY Its Origin and History BY JOHN LOGAN CHAPTER II. PROTECTION AND FREE TRADE. We have seen that the first Federal Congress met at New York in March, 1789. It organized April 6th. None knew better than its members that the war of the Americana Revolution chiefly grew out of the efforts of Great Britain to cripple and destroy our Colonial industries to the benefit of the British trader, and that the Independence conquered, was an Industrial as well as Political Independence; and none knew better than they, that the failure of the subsequent political Confederation of States was due mainly to its failure to encourage and protect the budding domestic manufactures of those States. Hence they hastened, under the leadership of James Madison, to pass "An Act laying a duty on goods, wares and merchandize imported into the United States," with a preamble, declaring it to be "necessary" for the "discharge of the debt of the United States and the encouragement and protection of manufactures." It was approved by President Washington July 4, 1789--a date not without its significance--and levied imports both specific and ad valorem. It was not only our first Tariff Act, but, next to that prescribing the oath used in organizing the Government, the first Act of the first Federal Congress; and was passed in pursuance of the declaration of President Washington in his first Message, that "The safety and interest of the People" required it. Under the inspiration of Alexander Hamilton the Tariff of 1790 was enacted at the second session of the same Congress, confirming the previous Act and increasing some of the protective duties thereby imposed. An analysis of the vote in the House of Representatives on this Tariff Bill discloses the fact that of the 39 votes for it, 21 were from Southern States, 13 from the Middle States, and 5 from New England States; while of the 13 votes against it, 9 were from New England States, 3 from Southern States, and 1 from Middle States. In other words, while the Southern States were for the Bill in the proportion of 21 to 3, and the Middle States by 13 to 1, New England was against it by 9 to 5; or again, while 10 of the 13 votes against it were from the New England and Middle States, 21 (or more than half) of the 39 votes for it were from Southern States. It will thus be seen-singularly enough in view of subsequent events-- that we not only mainly owe our first steps in Protective Tariff legislation to the almost solid Southern vote, but that it was thus secured for us despite the opposition of New England. Nor did our indebtedness to Southern statesmen and Southern votes for the institution of the now fully established American System of Protection cease here, as we shall presently see. That Jefferson, as well as Washington and Madison, agreed with the views of Alexander Hamilton on Protection to our domestic manufactures as against those of foreign Nations, is evident in his Annual Message of December 14, 1806, wherein-discussing an anticipated surplus of Federal revenue above the expenditures, and enumerating the purposes of education and internal improvement to which he thinks the "whole surplus of impost" should during times of peace be applied; by which application of such surplus he prognosticates that "new channels of communication will be opened between the States; the lines of separation will disappear; their interests will be identified, and their Union cemented by new and indissoluble ties"--he says: "Shall we suppress the impost and give that advantage to foreign over domestic manufactures. On a few articles of more general and necessary use, the suppression in due season, will doubtless be right; but the great mass of the articles on which impost is paid is foreign luxuries, purchased by those only who are rich enough to afford themselves the use of them." But his embargo and other retaliatory measures, put in force in 1807 and 1808, and the War of 1812-15 with Great Britain, which closely followed, furnished Protection in another manner, by shutting the door to foreign imports and throwing our people upon their own resources, and contributed greatly to the encouragement and increase of our home manufactures-- especially those of wool, cotton, and hemp. At the close of that War the traders of Great Britain determined, even at a temporary loss to themselves, to glut our market with their goods and thus break down forever, as they hoped, our infant manufactures. Their purpose and object were boldly announced in the House of Commons by Mr. Brougham, when he said: "Is it worth while to incur a loss upon the first importation, in order by the glut to stifle in the cradle those rising manufactures in the United States which the War had forced into existence contrary to the natural course of things." Against this threatened ruin, our manufacturers all over the United States--the sugar planters of Louisiana among them--clamored for Protection, and Congress at once responded with the Tariff Act of 1816. This law greatly extended and increased specific duties on, and diminished the application of the ad valorem principle to, foreign imports; and it has been well described as "the practical foundation of the American policy of encouragement of home manufactures--the practical establishment of the great industrial system upon which rests our present National wealth, and the power and the prosperity and happiness of our whole people." While Henry Clay of Kentucky, William Loundes of South Carolina, and Henry St. George Tucker of Virginia supported the Bill most effectively, no man labored harder and did more effective service in securing its passage than John C. Calhoun of South Carolina. The contention on their part was not for a mere "incidental protection" --much less a "Tariff for revenue only"--but for "Protection" in its broadest sense, and especially the protection of their cotton manufactures. Indeed Calhoun's defense of Protection, from the assaults of those from New England and elsewhere who assailed it on the narrow ground that it was inimical to commerce and navigation, was a notable one. He declared that: "It (the encouragement of manufactures) produced a system strictly American, as much so as agriculture, in which it had the decided advantage of commerce and navigation. The country will from this derive much advantage. Again it is calculated to bind together more closely our wide-spread Republic. It will greatly increase our mutual dependence and intercourse, and will, as a necessary consequence, excite an increased attention to internal improvements--a subject every way so intimately connected with the ultimate attainment of national strength and the perfection of our political institutions." He regarded the fact that it would make the parts adhere more closely; that it would form a new and most powerful cement far outweighing any political objections that might be urged against the system. In his opinion "the liberty and the union of the country were inseparably united; that as the destruction of the latter would most certainly involve the former, so its maintenance will with equal certainty preserve it;" and he closed with an impressive warning to the Nation of a "new and terrible danger" which threatened it, to wit: "disunion." Nobly as he stood up then--during the last term of his service in the House of Representatives--for the great principles of, the American System of Protection to manufactures, for the perpetuity of the Union, and for the increase of "National strength," it seems like the very irony of fate that a few years later should find him battling against Protection as "unconstitutional," upholding Nullification as a "reserved right" of his State, and championing at the risk of his neck that very "danger" to the "liberties" and life of his Country against which his prophetic words had already given solemn warning. Strange was it also, in view of the subsequent attitudes of the South and New England, that this essentially Protective Tariff Act of 1816 should have been vigorously protested and voted against by New England, while it was ably advocated and voted for by the South--the 25 votes of the latter which secured its passage being more than sufficient to have secured its defeat had they been so inclined. The Tariff Acts of 1824 and 1828 followed the great American principle of Protection laid down and supported by the South in the Act of 1816, while widening, increasing, and strengthening it. Under their operation-especially under that of 1828, with its high duties on wool, hemp, iron, lead, and other staples--great prosperity smiled upon the land, and particularly upon the Free States. In the cotton-growing belt of the South, however, where the prosperity was relatively less, owing to the blight of Slavery, the very contrast bred discontent; and, instead of attributing it to the real cause, the advocates of Free Trade within that region insisted that the Protective Tariff was responsible for the condition of things existing there. A few restless and discontented spirits in the South had indeed agitated the subject of Free Trade as against Protected manufactures as early as 1797, and, hand in hand with it, the doctrine of States Rights. And Jefferson himself, although, as we have already seen, attached to the American System of Protection and believing in its Constitutionality, unwittingly played into the hands of these Free Traders by drawing up the famous Kentucky Resolutions of '98 touching States Rights, which were closely followed by the Virginia Resolutions of 1799 in the same vein by Madison, also an out-and-out Protectionist. It was mainly in condemnation of the Alien and Sedition Laws, then so unpopular everywhere, that these resolutions were professedly fulminated, but they gave to the agitating Free Traders a States-Rights-Secession-weapon of which they quickly availed themselves. Their drift may be gathered from the first of the Kentucky Resolutions of '98, which was in these words: "Resolved, That the several States composing the United States of America are not united on the principle of unlimited submission to their General Government, but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes--delegated to that Government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and as an integral party, its co-States forming, as to itself, the other party; that the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress." The Resolutions, after enumerating the Alien and Sedition and certain other laws as in point, conclude by calling upon the other States to join Kentucky in her opposition to such Federal usurpations of power as thus embodied, and express confidence: "That they will concur with this Commonwealth in considering the said Acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever; that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with the power assumed to bind the States (not merely as to the cases made federal (casus foederis) but) in all cases whatsoever, by laws made, not with their consent, but by others against their consent; that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, returning to their natural rights in cases not made federal, will concur in declaring these Acts void and of no force, and will each take measures of its own in providing that neither these Acts, nor any others of the General Government, not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories." The doctrine of States Rights as formulated in these Resolutions, including the assumed right of a State to nullify laws of the General Government, naturally led up, as we shall see, not only to threats of disunion, but ultimately to a dreadful sectional War waged in the effort to secure it. That Jefferson, when he penned them, foresaw the terrible results to flow from these specious and pernicious doctrines, is not to be supposed for an instant; but that his conscience troubled him may be fairly inferred from the fact that he withheld from the World for twenty years afterward the knowledge that he was their author. It is probable that in this case, as in others, he was a victim of that casuistry which teaches that "the end justifies the means;" that he hoped and believed that the assertion of these baleful doctrines would act solely as a check upon any tendency to further centralization of power in the General Government and insure that strict construction of the Constitution. Though afterward violated by himself at the same time that he for the moment threw aside his scruples touching African slavery, when he added to our domain the great French Slave Colony of Louisiana--was none the less the great aim of his commanding intellect; and that he fortuitously believed in the "saving common sense" of his race and country as capable of correcting an existing evil when it shall have developed into ill effects. [Mr. Jefferson takes this very ground, in almost the same words, in his letter, 1803, to Wilson C. Nichols in the Louisiana Colony purchase case, when, after proving by his own strict construction of the Constitution that there was no power in that instrument to make such purchase, and confessing the importance in that very case of setting "an example against broad construction," he concludes: "If, however, our friends shall think differently, certainly I shall acquiesce with satisfaction; confiding that the good sense of the country will correct the evil of construction when it shall produce ill ejects."] Be that as it may, however, the fact remains that the seeds thus sown by the hands of Jefferson on the "sacred soil" of Virginia and Kentucky, were dragon's teeth, destined in after years to spring up as legions of armed men battling for the subversion of that Constitution and the destruction of that Union which he so reverenced, and which he was so largely instrumental in founding--and which even came back in his own life to plague him and Madison during his embargo, and Madison's war of 1812-15, in the utterances and attitude of some of the New England Federalists. The few Free Traders of the South--the Giles's and John Taylor's and men of that ilk--made up for their paucity in numbers by their unscrupulous ingenuity and active zeal. They put forth the idea that the American Protective Policy was a policy of fostering combinations by Federal laws, the effect of which was to transfer a considerable portion of the profits of slave labor from the Slave States to other parts of the Union where it was massed in the hands of a few individuals, and thus created a moneyed interest which avariciously influenced the General Government to the detriment of the entire community of people, who, made restive by the exactions of this power working through the Federal Government, were as a consequence driven to consider a possible dissolution of the Union, and make "estimates of resources and means of defense." As a means also of inflaming both the poor whites and Southern slave-holders by arousing the apprehensions of the latter concerning the "peculiar institution" of Slavery, they craftily declared that "If the maxim advanced by the advocates of the protecting duty system will justify Congress in assuming, or rather in empowering a few capitalists to assume, the direction of manufacturing labor, it also invests that body with a power of legislating for the direction of every other species of labor and assigning all occupations whatsoever to the care of the intelligence of mercenary combinations"--and hence untold misery to labor. They charged as a further means of firing the Southern heart, that this moneyed power, born of Protection, "works upon the passion of the States it has been able to delude by computations of their physical strength and their naval superiority; and by boasting of an ability to use the weakening circumstance of negro slavery to coerce the defrauded and discontented States into submission." And they declared as fundamental truths upon which they rested that "The Federal is not a National Government; it is a league between nations. By this league, a limited power only over persons and property was given to the representatives of the united nations. This power cannot be further extended, under the pretext of national good, because the league does not create a national government." It was the passage of the Tariff of 1824 that gave these crafty Free Traders their first great success in spreading their doctrine of Free Trade by coupling it with questions of slave labor, States Rights, and nullification, as laid down in the Kentucky and Virginia resolutions. These arguments created great excitement throughout the South-- especially in South Carolina and Georgia--which was still further increased by the passage of the Tariff of 1828, since declared by eminent authority to have been "the highest and most protective ever adopted in this country." [Mr. Greeley, in his "History of the American Conflict," 1864.] Prior to the passage of this Tariff Act, excited assemblages met in some of the Southern States, and protested against it as an outrage upon their rights--arraying the South in seditious and treasonable attitude against not only the North but the Union, with threats of Secession. At one of these meetings in South Carolina, in 1827, one of their leaders-- [Dr. Thomas Cooper, President of South Carolina College.]--declared that "a drilled and managed majority" in the House of Representatives had determined "at all hazards to support the claims of the Northern manufacturers, and to offer up the planting interest on the altar of monopoly." He denounced the American system of Protection exemplified in that Tariff measure as "a system by which the earnings of the South are to be transferred to the North--by which the many are to be sacrificed to the few--under which powers are usurped that were never conceded--by which inequality of rights, inequality of burthens, inequality of protection, unequal laws, and unequal taxes are to be enacted and rendered permanent--that the planter and the farmer under this system are to be considered as inferior beings to the spinner, the bleacher, and the dyer--that we of the South hold our plantations under this system, as the serfs and operatives of the North, subject to the orders and laboring for the benefit of the master-minds of Massachusetts, the lords of the spinning jenny and peers of the power- loom, who have a right to tax our earnings for their emolument, and to burthen our poverty and to swell their riches;" and after characterizing Protection as "a system of fraud, robbery and usurpation," he continued "I have said that we shall ere long be compelled to calculate the value of our Union; and to enquire of what use to us is this most unequal alliance, by which the South has always been the loser and the North always the gainer. Is it worth our while to continue this union of States, where the North demands to be our masters and we are required to be their tributaries? who with the most insulting mockery call the yoke they put upon our necks the 'American system!' The question, however, is fast approaching the alternative of submission or separation." Only a few days after this inflammatory speech at Columbus, S. C., inciting South Carolinians to resist the pending Protective Tariff even to the lengths of Secession, during a grand banquet at Richmond, Va., William B. Giles--another Free Trade leader--proposed, and those present drank a toast to the "Tariff Schemer" in which was embodied a declaration that "The Southerners will not long pay tribute." Despite these turbulent and treasonable mutterings, however, the "Jacksonian Congress" passed the Act--a majority of members from the Cotton and New England States voting against, while the vote of the Middle and Western Free States was almost solidly for, it. At a meeting held soon after the enactment of the Tariff of 1828, at Walterborough Court House, S. C., an address was adopted and issued which, after reciting the steps that had been taken by South Carolina during the previous year to oppose it, by memorials and otherwise, and stating that, despite their "remonstrances and implorations," a Tariff Bill had passed, not indeed, such as they apprehended, but "ten-fold worse in all its oppressive features," proceeded thus: "From the rapid step of usurpation, whether we now act or not, the day of open opposition to the pretended powers of the Constitution cannot be far off, and it is that it may not go down in blood that we now call upon you to resist. We feel ourselves standing underneath its mighty protection, and declaring forth its free and recorded spirit, when we say we must resist. By all the great principles of liberty--by the glorious achievements of our fathers in defending them--by their noble blood poured forth like water in maintaining them--by their lives in suffering, and their death in honor and in glory;--our countrymen! we must resist. Not secretly, as timid thieves or skulking smugglers--not in companies and associations, like money chafferers or stock jobbers-- not separately and individually, as if this was ours and not our country's cause--but openly, fairly, fearlessly, and unitedly, as becomes a free, sovereign and independent people. Does timidity ask WHEN? We answer NOW!" These inflammatory utterances, in South Carolina especially, stirred the Southern heart more or less throughout the whole cotton belt; and the pernicious principles which they embodied found ardent advocates even in the Halls of Congress. In the Senate, Mr. Hayne, of South Carolina, was their chief and most vehement spokesman, and in 1830 occurred that memorable debate between him and Daniel Webster, which forever put an end to all reasonable justification of the doctrine of Nullification, and which furnished the ground upon which President Jackson afterward stood in denouncing and crushing it out with the strong arm of the Government. In that great debate Mr. Hayne's propositions were that the Constitution is a "compact between the States," that "in case of a plain, palpable violation of the Constitution by the General Government, a State may interpose; and that this interposition is constitutional"--a proposition with which Mr. Webster took direct issue, in these words: "I say, the right of a State to annul a law of Congress cannot be maintained, but on the ground of the inalienable right of man to resist oppression; that is to say, upon the ground of revolution. I admit that there is an ultimate violent remedy, above the Constitution and in defiance of the Constitution, which may be resorted to when a revolution is to be justified. But I do not admit that, under the Constitution, and in conformity with it, there is any mode in which a State Government, as a member of the Union, can interfere and stop the progress of the general movement by force of her own laws under any circumstances whatever." Mr. Webster insisted that "one of two things is true: either the laws of the Union are beyond the discretion and beyond the control of the States, or else we have no Constitution of General Government, and are thrust back again to the days of the Confederation;" and, in concluding his powerful argument, he declared that "even supposing the Constitution to be a compact between the States," Mr. Hayne's doctrine was "not maintainable, because, first, the General Government is not a party to the compact, but a Government established by it, and vested by it with the powers of trying and deciding doubtful questions; and secondly, because, if the Constitution be regarded as a compact, not one State only, but all the States are parties to that compact, and one can have no right to fix upon it her own peculiar construction." While the comparatively miserable condition of the cotton-growing States of the South was attributed by most of the Southern Free Traders solely to the Protective Tariff of 1828, yet there were some Southerners willing to concede--as did Mr. Hayne, in the Senate (1832)--that there were "other causes besides the Tariff" underlying that condition, and to admit that "Slaves are too improvident, too incapable of that minute, constant, delicate attention, and that persevering industry which are essential to manufacturing establishments," the existence of which would have made those States prosperous. But such admissions were unwilling ones, and the Cotton-lords held only with the more tenacity to the view that the Tariff was the chief cause of their condition. The Tariff Act of 1832, essentially modifying that of 1828, was passed with a view, in part, to quiet Southern clamor. But the Southern Cotton States refused to be mollified. On the contrary, the Free Traders of South Carolina proceeded to extreme measures, putting in action that which they had before but threatened. On November 19, 1832, the leading men of South Carolina met in Convention, and a few days thereafter-- [November 24,1882]--unanimously passed an Ordinance of Nullification which declared the Tariff Acts of 1828 and 1832 "Unauthorized by the Constitution," and "null, void, and no law, nor binding on this State, its officers, or citizens." The people of the State were forbidden by it to pay, after the ensuing February 1st, the import-duties therein imposed. Under the provisions of the Ordinance, the State Legislature was to pass an act nullifying these Tariff laws, and any appeal to the United States Supreme Court against the validity of such nullifying act was prohibited. Furthermore, in the event of the Federal Government attempting to enforce these Tariff laws, the people of South Carolina would thenceforth consider themselves out of the Union, and will "forthwith proceed to organize a separate Government, and do all other acts and things which sovereign and independent States may of right do." At the subsequent meeting of the Legislature, Mr. Hayne, who had been a member of the Convention, having resigned his seat in the United States Senate, was elected Governor of the State. He declared in his message that he recognized "No allegiance as paramount to that which the citizens of South Carolina owe to the State of their birth or their adoption"--that doctrine of "paramount allegiance to the State" which in after-years gave so much trouble to the Union and to Union-loving Southerners--and declared that he held himself "bound by the highest of all obligations to carry into effect, not only the Ordinance of the Convention, but every act of the Legislature, and every judgment of our own Courts, the enforcement of which may devolve upon the Executive," and "if," continued he, "the sacred soil of Carolina should be polluted by the footsteps of an invader, or be stained with the blood of her citizens, shed in her defense, I trust in Almighty God * * * even should she stand alone in this great struggle for constitutional liberty, encompassed by her enemies, that there will not be found, in the wide limits of the State, one recreant son who will not fly to the rescue, and be ready to lay down his life in her defense." In support of the contemplated treason, he even went to the length of calling for an enrolling of volunteer forces and of holding them ready for service. But while South Carolina stood in this treasonable and defiant attitude, arming for war against the Union, there happened to be in the Presidential chair one of her own sons--General Jackson. Foreseeing what was coming, he had, prior to the meeting of the Convention that framed the Nullification Ordinance, ordered General Scott to Charleston to look after "the safety of the ports of the United States" thereabouts, and had sent to the Collector of that port precise instructions as to his duty to resist in all ways any and all attempts made under such Ordinance to defeat the operation of the Tariff laws aforesaid. Having thus quietly prepared the arm of the General Government for the exercise of its power, he issued in December a Proclamation declaring his unalterable resolution to treat Nullification as Treason--and to crush it. In that famous document President Jackson said of Nullification: "If this doctrine had been established at an earlier day, the Union would have been dissolved in its infancy. The Excise law in Pennsylvania, the Embargo and Non-intercourse law in the Eastern States, the Carriage-tax in Virginia, were all deemed unconstitutional, and were more unequal in their operation than any of the laws now complained of; but fortunately, none of those States discovered that they had the right now claimed by South Carolina. * * * The discovery of this important feature in our Constitution was reserved for the present day. To the statesmen of South Carolina belongs the invention, and upon the citizens of that State will unfortunately fall the evils of reducing it to practice. * * * I consider, then, the power to annul a law of the United States, assumed by one State, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded and destructive of the great object for which it was formed. * * * To say that any State may at pleasure secede from the Union, is to say that the United States are not a Nation, because it would be a solecism to contend that any part of a Nation might dissolve its connection with the other parts, to their injury or ruin, without committing any, offense." Farther on, in his moving appeal to the South Carolinians, he bids them beware of their leaders: "Their object is disunion; be not deceived by names. Disunion, by armed force, is Treason." And then, reminding them of the deeds of their fathers in the Revolution, he proceeds: "I adjure you, as you honor their memory, as you love the cause of freedom to which they dedicated their lives, as you prize the peace of your country, the lives of its best citizens, and your own fair fame, to retrace your steps. Snatch from the archives of your State the disorganizing edict of its Convention--bid its members to reassemble and promulgate the decided expression of your will to remain in the path which alone can conduct you to safety, prosperity, and honor--tell them that, compared to disunion, all other evils are light, because that brings with it an accumulation of all--declare that you will never take the field unless the Star-spangled banner of your country shall float over you--that you will not be stigmatized when dead, and dishonored and scorned while you live, as the authors of the first attack on the Constitution of your country! Its destroyers you cannot be." After asserting his firm "determination to execute the laws-to preserve the Union by all constitutional means"--he concludes with the prayer, "May the great Ruler of Nations grant, that the signal blessings with which He has favored, ours may not, by the madness of party, or personal ambition be disregarded and lost; and may His wise providence bring those who have produced this crisis to see the folly before they feel the misery, of civil strife; and inspire a returning veneration for that Union, which, if we may dare to penetrate His designs, He has chosen as the only means of attaining the high destinies to which we may reasonably aspire." The firm attitude of General Jackson, together with the wise precautionary measures he had already taken, and the practical unanimity with which his declaration to crush out the Treason was hailed in most of the Southern as well as the Northern States, almost at once broke the back of Nullification. [In this connection the following letter, written at that time by the great Chief Justice Marshall, to a cousin of his, on the subject of State Sovereignty, is of interest, as showing how clearly his penetrating intellect perceived the dangers to the Union hidden in the plausible doctrine of State Rights: RICHMOND, May 7, 1833. "MY DEAR SIR: "I am much indebted to you for your pamphlet on Federal Relations, which I have read with much satisfaction. No subject, as it seems to me, is more misunderstood or more perverted. You have brought into view numerous important historical facts which, in my judgment, remove the foundation on which the Nullifiers and Seceders have erected that superstructure which overshadows our Union. You have, I think, shown satisfactorily that we never have been perfectly distinct, independent societies, sovereign in the sense in which the Nullifiers use the term. When colonies we certainly were not. We were parts of the British empire, and although not directly connected with each other so far as respected government, we were connected in many respects, and were united to the same stock. The steps we took to effect separation were, as you have fully shown, not only revolutionary in their nature, but they were taken conjointly. Then, as now, we acted in many respects as one people. The representatives of each colony acted for all. Their resolutions proceeded from a common source, and operated on the whole mass. The army was a continental army commanded by a continental general, and supported from a continental treasury. The Declaration of Independence was made by a common government, and was made for all the States. "Everything has been mixed. Treaties made by Congress have been considered as binding all the States. Some powers have been exercised by Congress, some by the States separately. The lines were not strictly drawn. The inability of Congress to carry its legitimate powers into execution has gradually annulled those powers practically, but they always existed in theory. Independence was declared `in the name and by the authority of the good people of these colonies.' In fact we have always been united in some respects, separate in others. We have acted as one people for some purposes, as distinct societies for others. I think you have shown this clearly, and in so doing have demonstrated the fallacy of the principle on which either nullification or the right of peaceful, constitutional secession is asserted. "The time is arrived when these truths must be more generally spoken, or our Union is at an end. The idea of complete sovereignty of the State converts our government into a league, and, if carried into practice, dissolves the Union. "I am, dear sir, "Yours affectionately, "J. MARSHALL. "HUMPHREY MARSHALL, ESQ., "FRANKFORT, KY."] The Nullifiers hailed with pretended satisfaction the report from the House Committee on Ways and Means of a Bill making great reductions and equalizations of Tariff duties, as a measure complying with their demands, and postponed the execution of the Ordinance of Nullification until the adjournment of Congress; and almost immediately afterward Mr. Clay's Compromise Tariff Act of 1833 "whereby one tenth of the excess over twenty per cent. of each and every existing impost was to be taken off at the close of that year; another tenth two years thereafter; so proceeding until the 30th of June, 1842, when all duties should be reduced to a maximum of twenty per cent."--[Says Mr. Greeley, in his History aforesaid.]--agreed to by Calhoun and other Nullifiers, was passed, became a law without the signature of President Jackson, and South Carolina once more became to all appearances a contented, law- abiding State of the Union. But after-events proved conclusively that the enactment of this Compromise Tariff was a terrible blunder, if not a crime. Jackson had fully intended to hang Calhoun and his nullifying coadjutors if they persisted in their Treason. He knew that they had only seized upon the Tariff laws as a pretext with which to justify Disunion, and prophesied that "the next will be the Slavery or Negro question." Jackson's forecast was correct. Free Trade, Slavery and Secession were from that time forward sworn allies; and the ruin wrought to our industries by the disasters of 1840, plainly traceable to that Compromise Tariff measure of 1833, was only to be supplemented by much greater ruin and disasters caused by the Free Trade Tariff of 1846--and to be followed by the armed Rebellion of the Free Trade and Pro-Slavery States of the South in 1861, in a mad attempt to destroy the Union. CHAPTER III. GROWTH OF THE SLAVERY QUESTION. It will be remembered that during the period of the Missouri Struggle, 1818-1820, the Territory of Arkansas was formed by an Act of Congress out of that part of the Missouri Territory not included in the proposed State of Missouri, and that the Act so creating the Territory of Arkansas contained no provision restricting Slavery. Early in 1836, the people of Arkansas Territory met in Convention and formed a Constitution under which, "and by virtue of the treaty of cession by France to the United States, of the Province of Louisiana," they asked admission to the Union as a State. Among other provisions of that Constitution was a section rendering the State Legislature powerless to pass laws for the emancipation of slaves without the consent of the owners, or to prevent emigrants to that State from bringing with them slaves. On June 15th of the same year, Arkansas was, under that Constitution, admitted to the Union as a Slave State, with the sole reservation, that nothing in the Act of admission should be" construed as an assent by Congress to all or any of the propositions contained" in the said Constitution. Long ere this, all the Northern and Middle States had made provision for the emancipation of such slaves as remained within their borders, and only a few years previous (in 1829 and 1831-32) Virginia had made strong but insufficient efforts toward the same end. The failure to free Virginia of Slavery--the effort to accomplish which had been made by some of the greatest of her statesmen--only served to rivet the chains of human bondage more securely throughout all the Slave States, and from that time on, no serious agitation occurred in any one of them, looking toward even the most gradual emancipation. On the other hand, the advocates of the extension of the Slave-Power by the expansion of Slave- territory, were ever on the alert, they considered it of the last importance to maintain the balance of power between the Slave States and the Free States. Hence, while they had secured in 1819 the cession from Spain to the United States of the Slave-holding Floridas, and the organization of the Slave Territory of Florida in 1822--which subsequently came in as a Slave State under the same Act (1845) that admitted the Free State of Iowa--their greedy eyes were now cast upon the adjoining rich territories of Mexico. Efforts had (in 1827-1829) been made to purchase from Mexico the domain which was known as Texas. They had failed. But already a part of Texas had been settled by adventurous Americans under Mexican grants and otherwise; and General Sam Houston, an adherent of the Slave Power, having become a leading spirit among them, fomented a revolution. In March, 1836, Texas, under his guidance, proclaimed herself a Republic independent of Mexico. The War that ensued between Texas and Mexico ended in the flight of the Mexican Army and the capture of Santa Anna at San Jacinto, and a treaty recognizing Texan independence. In October, 1836, General Houston was inaugurated President of the Republic of Texas. Close upon this followed (in August, 1837) a proposition to our Government from the Texan envoy for the annexation of Texas to the United States. President Van Buren declined the offer. The Northern friends of Freedom were as much opposed to this annexation project as the advocates of Slavery were anxious for it. Even such conservative Northern Statesmen as Daniel Webster strongly opposed the project. In a speech delivered in New York [1837], after showing that the chief aim of our Government in the acquisition of the Territory of Louisiana was to gain command of the mouths of the great rivers to the sea, and that in the acquisition of the Floridas our policy was based on similar considerations, Mr. Webster declared that "no such necessity, no such policy, requires the annexation of Texas," and that we ought "for numerous and powerful reasons to be content with our present boundaries. He recognized that Slavery already existed under the guarantees of the Constitution and those guarantees must be fulfilled; that "Slavery, as it exists in the States, is beyond the power of Congress. It is a concern of the States themselves," but "when we come to speak of admitting new States, the subject assumes an entirely different aspect. Our rights and our duties are then both different. The Free States, and all the States, are then at liberty to accept or to reject;" and he added, "In my opinion the people of the United States will not consent to bring into the Union a new, vastly extensive and Slaveholding country, large enough for a half a dozen or a dozen States. In my opinion, they ought not to consent to it." Farther on, in the same speech--after alluding to the strong feeling in the Northern States against the extension of Slavery, not only as a question of politics, but of conscience and religious conviction as well-he deems him a rash man indeed "who supposes that a feeling of this kind is to be trifled with or despised." Said he: "It will assuredly cause itself to be respected. It may be reasoned with; it may be made willing--I believe it is entirely willing--to fulfill all existing engagements and all existing duties--to uphold and defend the Constitution as it is established, with whatever regrets about some provisions which it does actually contain. But to coerce it into silence, to endeavor to restrain its free expression, to seek to compress and confine it, warm as it is, and more heated as such endeavors would inevitably render it,--should this be attempted, I know nothing, even in the Constitution or in the Union itself, which would not be endangered by the explosion which might follow." In 1840, General Harrison, the Whig candidate, was elected to the Presidency, but died within a few weeks after his inauguration in 1841, and was succeeded by John Tyler. The latter favored the Slave Power; and on April 12th, 1844, John C. Calhoun, his Secretary of State, concluded with Texas a treaty of annexation--which was, however, rejected by the Senate. Meanwhile the public mind was greatly agitated over the annexation and other, questions. [In the London Index, a journal established there by Jefferson Davis's agents to support the cause of the rebellious States, a communication appeared during the early part of the war, Dec. 4, 1861, supposed to have been written by Mr. Mason, of Virginia, in which he said: "To tell the Norths, the Butes, the Wedderburns of the present day, that previous to the year 1839 the sovereign States of the South had unalterably resolved on the specific ground of the violation of the Federal Constitution by the tariff of spoliation which the New England States had imposed upon them--to secede from the Union; to tell them that in that year the leader of the South, Calhoun, urged an English gentleman, to whom he had fully explained the position of the South, and the intolerable tyranny which the North inflicted upon it, to be the bearer of credentials from the chief persons of the South, in order to invite the attention of the British Government to the coming event; that on his death-bed (Washington, March 31, 1850), he called around him his political friends--one of whom is now in England--warned them that in no event could the Union survive the Presidential election of 1860, though it might possibly break up before that urged them to be prepared; leaving with his dying words the sacred cause of Southern secession a solemn legacy in their hands--to have told this to the Norths and Dartmouths of the present day, with more and even stronger evidence of the coming events of November, 1860, would have been like speaking to the stones of the street. In November, 1860, they were thoroughly ignorant of all the momentous antecedents of secession--of their nature, their character, their bearing, import, and consequences." In the same correspondence the distinguished Rebel emissary substantially let out the fact that Calhoun was indirectly, through himself (Mason), in secret communication with the British Government as far back as 1841, with a view to securing its powerful aid in his aforesaid unalterable resolve to Secede from the Union; and then Mr. Mason pleads--but pleads in vain--for the armed intervention of England at this later day. Said he: "In the year 1841 the late Sir William Napier sent in two plans for subduing the Union, to the War Office, in the first of which the South was to be treated as an enemy, in the second as a friend and ally. I was much consulted by him as to the second plan and was referred to by name in it, as he showed by the acknowledgment of this in Lord Fitzroy Somerset's letter of reply. This plan fully provided for the contingency of an invasion of Canada, and its application would, in eighteen or twenty months, have reduced the North to a much more impotent condition than it exhibits at present. At this very moment the most difficult portion of that plan has been perfectly accomplished by the South itself; and the North, in accordance with Sir William Napier's expectations, now lies helpless before England, and at our absolute mercy. Nor is there any doubt of this, and if Lord Palmerston is not aware of it Mr. Seward certainly is. We have nothing remaining to do but to stretch out our arm in the way Sir William Napier proposed, and the Northern power--power as we ignorantly call it--must come to an end. Sir William knew and well estimated the elements of which that quasi power consisted; and he knew how to apply the substantive power of England to dissolve it. In the best interest of humanity, I venture to say that it is the duty of England to apply this power without further delay--its duty to itself, to its starving operatives, to France, to Europe, and to humanity. And in the discharge of this great duty to the world at large there will not even be the dignity of sacrifice or danger."] Threats and counter-threats of Disunion were made on either hand by the opponents and advocates of Slavery-extension through annexation; nor was it less agitated on the subject of a Protective Tariff. The Compromise Tariff of 1833, together with President Jackson's upheaval of our financial system, produced, as has already been hinted, terrible commercial disasters. "In 1840," says competent authority, "all prices had ruinously fallen; production had greatly diminished, and in many departments of industry had practically ceased; thousands of working men were idle, with no hope of employment, and their families suffering from want. Our farmers were without markets, their products rotted in their barns, and their lands, teeming with rich harvests, were sold by the sheriff for debts and taxes. The Tariff, which robbed our industries of Protection failed to supply Government with its necessary revenues. The National Treasury in consequence was bankrupt, and the credit of the Nation had sunk very low." Mr. Clay himself stated "the average depression in the value of property under that state of things which existed before the Tariff of 1842 came to the rescue of the country, at fifty per cent." And hence it was that Protection was made the chief issue of the Presidential campaign of 1840, which eventuated in the election of Harrison and Tyler, and in the Tariff Act of August 30, 1842, which revived our trade and industries, and brought back to the land a full measure of prosperity. With those disasters fresh in the minds of the people, Protection continued to be a leading issue in the succeeding Presidential campaign of 1844--but coupled with the Texas-annexation issue. In that campaign Henry Clay was the candidate of the Whig party and James K. Polk of the Democratic party. Polk was an ardent believer in the annexation policy and stood upon a platform declaring for the "re-occupation of Oregon and the re- annexation of Texas at the earliest practicable moment"--as if the prefix "re" legitimatized the claim in either case; Clay, on the other hand, held that we had "fairly alienated our title to Texas by solemn National compacts, to the fulfilment of which we stand bound by good faith and National honor;" that "Annexation and War with Mexico are identical," and that he was "not willing to involve this country in a foreign War for the object of acquiring Texas." [In his letter of April 17, 1844, published in the National Intelligencer.] As to the Tariff issue also, Clay was the acknowledged champion of the American system of Protection, while Polk was opposed to it, and was supported by the entire Free-trade sentiment, whether North or South. As the campaign progressed, it became evident that Clay would be elected. Then occurred some of those fatalities which have more than once, in the history of Presidential campaigns, overturned the most reasonable expectations and defeated the popular will. Mr. Clay committed a blunder and Mr. Polk an equivocation--to use the mildest possible term. Mr. Clay was induced by Southern friends to write a letter--[Published in the North Alabamian, Aug. 16, 1844.]--in which, after stating that "far from having any personal objection to the annexation of Texas, I should be glad to see it--without dishonor, without War, with the common consent of the Union, and upon just and fair terms," he added: "I do not think that the subject of Slavery ought to affect the question, one way or the other." Mr. Polk, on the other hand, wrote a letter in which he declared it to be "the duty of the Government to extend, as far as it may be practicable to do so, by its revenue laws and all other means within its power, fair and just Protection to all the great interests of the whole Union, embracing Agriculture, Manufactures, the Mechanic Arts, Commerce and Navigation." This was supplemented by a letter (August 8, 1844) from Judge Wilson McCandless of Pennsylvania, strongly upholding the Protective principle, claiming that Clay in his Compromise Tariff Bill had abandoned it, and that Polk and Dallas had "at heart the true interests of Pennsylvania." Clay, thus betrayed by the treachery of Southern friends, was greatly weakened, while Polk, by his beguiling letter, backed by the false interpretation put upon it by powerful friends in the North, made the North believe him a better Protectionist than Clay. Polk was elected, and rewarded the misplaced confidence by making Robert J. Walker his Secretary of the Treasury, and, largely through that great Free Trader's exertions, secured a repeal by Congress of the Protective Tariff of 1842 and the enactment of the ruinous Free Trade Tariff of 1846. Had Clay carried New York, his election was secure. As it happened, Polk had a plurality in New York of but 5,106 in an immense vote, and that slim plurality was given to him by the Abolitionists throwing away some 15,000 on Birney. And thus also it curiously happened that it was the Abolition vote which secured the election of the candidate who favored immediate annexation and the extension of the Slave Power! Emboldened and apparently sustained by the result of the election, the Slave Power could not await the inauguration of Mr. Polk, but proceeded at once, under whip and spur, to drive the Texas annexation scheme through Congress; and two days before the 4th of March, 1845, an Act consenting to the admission of the Republic of Texas as a State of the Union was approved by President Tyler. In that Act it was provided that "New States of convenient size, not exceeding four in number, in addition to the said State of Texas, and having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution; and such States as may be formed out of that portion of said territory lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Missouri Compromise line, shall be admitted into the Union with or without Slavery, as the people of each State asking admission may desire. And in such State or States as shall be formed out of said territory north of said Missouri Compromise line, Slavery or involuntary servitude (except for crime) shall be prohibited." As has been lucidly stated by another,--[Greeley's History]--"while seeming to curtail and circumscribe Slavery north of the above parallel (that of 36 30' north latitude), this measure really extended it northward to that parallel, which it had not yet approached, under the flag of Texas, within hundreds of miles. But the chief end of this sham Compromise was the involving of Congress in an indirect indorsement of the claim of Texas to the entire left bank of the Rio Grande, from its mouth to its source; and this was effected." Texas quickly consented to the Act of annexation, and in December, 1845, a Joint Resolution formally admitting her as a State of the Union, reported by Stephen A. Douglas, was duly passed. In May, 1846, the American forces under General Taylor, which had been dispatched to protect Texas from threatened assault, were attacked by the Mexican army, which at Palo Alto was badly defeated and at Resaca de la Palma driven back across the Rio Grande. Congress immediately declared that by this invasion a state of War existed between Mexico and the United States. Thus commenced the War with Mexico--destined to end in the triumph of the American Army, and the acquisition of large areas of territory to the United States. In anticipation of such triumph, President Polk lost little time in asking an appropriation of over two million dollars by Congress to facilitate negotiations for peace with, and territorial cession from, Mexico. And a Bill making such appropriation was quickly passed by the House of Representatives--but with the following significant proviso attached, which had been offered by Mr. Wilmot: "Provided. That as an express and fundamental condition to the acquisition of any territory from the Republic of Mexico by the United States, by virtue of any treaty that may be negotiated between them, and to the use by the Executive of the moneys herein appropriated, neither Slavery nor involuntary servitude shall ever exist in any part of said territory, except for crime, whereof the party shall first be duly convicted." The debate in the Senate upon the Wilmot proviso, which immediately ensued, was cut short by the expiration of the Session of Congress--and the Bill accordingly failed of passage. In February, 1848, the treaty of Guadalupe Hidalgo was made between Mexico and the United States, and Peace reigned once more. About the same time a Bill was passed by the Senate providing Territorial Governments for Oregon, California and New Mexico, which provided for the reference of all questions touching Slavery in such Territories to the United States Supreme Court, for arbitration. The Bill, however, failed in the House. The ensuing Presidential campaign resulted in the election of General Taylor, the Whig candidate, who was succeeded upon his death, July 10, 1850, by Fillmore. Meanwhile, on the Oregon Territory Bill, in 1848, a strong effort had been made by Mr. Douglas and others to incorporate a provision extending to the Pacific Ocean the Missouri Compromise line of 36 30' of north latitude and extending to all future organizations of Territories of the United States the principles of said Compromise. This provision was adopted by the Senate, but the House struck it from the Bill; the Senate receded, and Oregon was admitted as a Free Territory. But the conflict in Congress between those who would extend and those who would restrict Slavery still continued, and indeed gathered vehemence with time. In 1850, California was clamoring for admission as a Free State to the Union, and New Mexico and Utah sought to be organized under Territorial Governments. In the heated discussions upon questions growing out of bills for these purposes, and to rectify the boundaries of Texas, it was no easy matter to reach an agreement of any sort. Finally, however, the Compromise of 1850, offered by Mr. Clay, was practically agreed to and carried out, and under it: California was admitted as a Free State; New Mexico and Utah were admitted to Territorial organization without a word pro or con on the subject of Slavery; the State of Texas was awarded a pecuniary compensation for the rectification of her boundaries; the Slave Trade in the District of Columbia was abolished; and a more effectual Fugitive Slave Act passed. By both North and South, this Compromise of 1850, and the measures growing out of it, were very generally acquiesced in, and for a while it seemed as though a permanent settlement of the Slavery question had been reached. But in the Fugitive Slave law, thus hastily enacted, lay embedded the seed for further differences and excitements, speedily to germinate. In its operation it proved not only unnecessarily cruel and harsh, in the manner of the return to bondage of escaped slaves, but also afforded a shield and support to the kidnapping of Free Negroes from Northern States. The frequency of arrests in the Northern States, and the accompanying circumstances of cruelty and brutality in the execution of the law, soon made it especially odious throughout the North, and created an active feeling of commiseration for the unhappy victims of the Slave Power, which greatly intensified and increased the growing Anti-Slavery sentiment in the Free States. In 1852-53, an attempt was made in Congress to organize into the Territory of Nebraska, the region of country lying west of Iowa and Missouri. Owing to the opposition of the South the Bill was defeated. In 1853-4 a similar Bill was reported to the Senate by Mr. Douglas, but afterward at his own instance recommitted to the Committee on Territories, and reported back by him again in such shape as to create, instead of one, two Territories, that portion directly west of Missouri to be called Kansas, and the balance to be known as Nebraska--one of the sections of the Bill enacting: "That in order to avoid all misconstruction it is hereby declared to be the true intent and meaning of this Act, so far as the question of Slavery is concerned, to carry into practical operation the following propositions and principles, established by the Compromise measures of 1850, to wit: "First, That all questions pertaining to Slavery in the Territories, and the new States to be formed therefrom, are to be left to the decision of the people residing therein through their appropriate representatives. "Second, That 'all cases involving title to slaves,' and 'questions of personal freedom,' are referred to the adjudication of the local tribunals with the right of appeal to the Supreme Court of the United States. "Third, That the provisions of the Constitution and laws of the United States, in respect to fugitives from service, are to be carried into faithful execution in all the `organized Territories,' the same as in the States." The sections authorizing Kansas and Nebraska to elect and send delegates to Congress also prescribed: "That the Constitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory, as elsewhere in the United States, except the section of the Act preparatory to the admission of Missouri into the Union, approved March 6th, 1820, which was superseded by the principles of the Legislation of 1850, commonly called the Compromise Measures, and is declared inoperative." And when "explaining this Kansas-Nebraska Bill" Mr. Douglas announced that, in reporting it, "The object of the Committee was neither to legislate Slavery in or out of the Territories; neither to introduce nor exclude it; but to remove whatever obstacle Congress had put there, and apply the doctrine of Congressional Non-intervention in accordance with the principles of the Compromise Measures of 1850, and allow the people to do as they pleased upon this as well as all other matters affecting their interests." A vigorous and able debate ensued. A motion by Mr. Chase to strike out the words "which was superseded by the principles of the legislation of 1850, commonly called the Compromise Measures," was defeated decisively. Subsequently Mr. Douglas moved to strike out the same words and insert in place of them, these: "which being inconsistent with the principles of Non-intervention by Congress with Slavery in the States and Territories, as recognized by the legislation of 1850 (commonly called the Compromise Measures), is hereby declared inoperative and void; it being the true intent and meaning of this Act not to legislate Slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States"--and the motion was agreed to by a vote of 35 yeas to 10 nays. Mr. Chase immediately moved to add to the amendment just adopted these words: "Under which, the people of the Territory, through their appropriate representatives, may, if they see fit, prohibit the existence of Slavery therein;" but this motion was voted down by 36 nays to 10 yeas. This developed the rat in the meal-tub. The people were to be "perfectly free" to act either way on the subject of Slavery, so long as they did not prohibit Slavery! In this shape the Bill passed the Senate. Public sentiment in the North was greatly stirred by this direct attempt to repeal the Missouri Compromise. But by the superior parliamentary tactics of Southern Representatives in the House, whereby the radical friends of Freedom were shut out from the opportunity of amendment, a House Bill essentially the same as the Senate Bill was subsequently passed by the House, under the previous question, and afterward rapidly passed the Senate, and was approved by the President. At once commenced that long and terrible struggle between the friends of Free-Soil and the friends of Slavery, for the possession of Kansas, which convulsed the whole Country for years, and moistened the soil of that Territory with streams of blood, shed in numerous "border-ruffian" conflicts. The Territorial Government of Kansas was organized late in 1854, and an "election" for Delegate held, at which the Pro-Slavery candidate (Whitfield) was fraudulently elected. On March 30, 1855, a Territorial Legislature was similarly chosen by Pro-Slavery voters "colonized" from Missouri. That Legislature, upon its meeting, proceeded at once to enact most outrageous Pro-Slavery laws, which being vetoed by the Free- Soil Governor (Reeder), were passed over the veto, and the Free-Soil Governor had to give place to one who favored Slavery in Kansas. But the Free-Soil settlers of Kansas, in Mass Convention at Big Springs, utterly repudiated the bogus Legislature and all its acts, to which they refused submission. In consequence of these radical differences, two separate elections for Delegate in Congress were held by the opposing factions, at one of which was elected the Pro-Slavery Whitfield, and at the other the Free-Soiler Reeder. Furthermore, under a call issued by the Big Springs Convention, a Free-State Constitutional Convention was held in October, 1855, at Topeka, which framed a Free-State Constitution, and asked admission under it to the Union. In 1856, the House of Representatives--which, after a protracted struggle, had elected N. P. Banks Speaker--passed a Bill, by a bare majority, admitting Kansas under her Topeka Constitution; but the Senate defeated it. July 4, 1856, by order of President Pierce, the Free-State Legislature, chosen under the Topeka Constitution to meet at Topeka, was dispersed by United States Troops. Yet, despite all oppositions, discouragements, and outrages, the Free-State population of Kansas continued to increase from immigration. In 1857, the Pro-Slavery Legislature elected by the Pro-Slavery voters at their own special election--the Free-State voters declining to participate--called a Constitutional Convention at Lecompton, which formed a Pro-Slavery Constitution. This was submitted to the people in such dexterous manner that they could only vote "For the Constitution with Slavery" or "For the Constitution without Slavery"--and, as the Constitution prescribed that "the rights of property in Slaves now in the Territory, shall in no manner be interfered with," to vote "for the Constitution Without Slavery" was an absurdity only paralleled by the course of the United States Senate in refusing to permit the people of Kansas "to prohibit Slavery" while at the same time declaring them "perfectly free to act" as they chose in the matter. The Constitution, with Slavery, was thus adopted by a vote of over 6,000. But in the meanwhile, at another general election held for the purpose, and despite all the frauds perpetrated by the Pro-Slavery men, a Free-State Legislature, and Free-State Delegate to Congress had been elected; and this Legislature submitted the Lecompton Pro-Slavery Constitution to the people, January 4, 1858, so that they could vote: "For the Lecompton Constitution with Slavery," "For the Lecompton Constitution without Slavery," or "Against the Lecompton Constitution." The consequence was that the Lecompton Constitution was defeated by a majority of over 10,000 votes--the Missouri Pro-Slavery colonists declining to recognize the validity of any further election on the subject. Meanwhile, in part upon the issues growing out of this Kansas conflict, the political parties of the Nation had passed through another Presidential campaign (1856), in which the Democratic candidate Buchanan had been elected over Fremont the "Republican," and Fillmore the "American," candidates. Both Houses of Congress being now Democratic, Mr. Buchanan recommended them to accept and ratify the Lecompton Pro- Slavery Constitution. In March, 1858, the Senate passed a Bill--against the efforts of Stephen A. Douglas--accepting it. In the House, however, a substitute offered by Mr. Montgomery (Douglas Democrat) known as the Crittenden-Montgomery Compromise, was adopted. The Senate refused to concur, and the report of a Committee of Conference--providing for submitting to the Kansas people a proposition placing limitations upon certain public land advantages stipulated for in the Lecompton Constitution, and in case they rejected the proposition that another Constitutional Convention should be held--was adopted by both Houses; and the proposition being rejected by the people of Kansas, the Pro-Slavery Lecompton Constitution fell with it. In 1859 a Convention, called by the Territorial Legislature for the purpose, met at Wyandot, and framed a Free State Constitution which was adopted by the people in October of that year, and at the ensuing State election in December the State went Republican. In April, 1860, the House of Representatives passed a Bill admitting Kansas as a State under that Constitution, but the Democratic Senate adjourned without action on the Bill; and it was not until early in 1861 that Kansas was at last admitted. In the meantime, the Free Trade Tariff of 1846 had produced the train of business and financial disasters that its opponents predicted. Instead of prosperity everywhere in the land, there was misery and ruin. Even the discovery and working of the rich placer mines of California and the consequent flow, in enormous volume, of her golden treasure into the Eastern States, could not stay-the wide-spread flood of disaster. President Fillmore, who had succeeded General Taylor on the latter's death, frequently called the attention of Congress to the evils produced by this Free Trade, and to the necessity of protecting our manufactures "from ruinous competition from abroad." So also with his successor, President Buchanan, who, in his Message of 1857, declared that "In the midst of unsurpassed plenty in all the productions and in all the elements of national wealth, we find our manufactures suspended, our public works retarded, our private enterprises of different kinds abandoned, and thousands of useful laborers thrown out of employment and reduced to want." Further than this, the financial credit of the Nation was at zero. It was financially bankrupt before the close of Buchanan's Presidential term. CHAPTER IV. POPULAR SOVEREIGNTY. But now occurred the great Presidential struggle of 1860 --which involved not alone the principles of Protection, but those of human Freedom, and the preservation of the Union itself-between Abraham Lincoln of Illinois, the candidate of the Republican party, as against Stephen A. Douglas of Illinois, the National or Douglas-Democratic candidate, John C. Breckinridge of Kentucky, the Administration or Breckinridge-Democratic candidate, and John Bell of Tennessee, the candidate of the Bell-Union party. The great preliminary struggle which largely influenced the determination of the Presidential political conflict of 1860, had, however, taken place in the State of Illinois, two years previously. To that preliminary political contest of 1858, therefore, we will now turn our eyes--and, in order to fully understand it, it may be well to glance back over a few years. In 1851 the Legislature of Illinois had adopted--[The vote in the House being 65 yeas to 4 nays.]--the following resolution: "Resolved, That our Liberty and Independence are based upon the right of the people to form for themselves such a government as they may choose; that this great principle, the birthright of freemen, the gift of Heaven, secured to us by the blood of our ancestors, ought to be secured to future generations, and no limitation ought to be applied to this power in the organization of any Territory of the United States, of either Territorial Government or State Constitution, provided the government so established shall be Republican and in conformity with the Constitution of the United States." This resolution was a practical endorsement of the course of Stephen A. Douglas in supporting the Compromise measures of 1850, which he had defended as being "all founded upon the great principle that every people ought to possess the right to form and regulate their own domestic institutions in their own way," and that "the same principle" should be "extended to all of the Territories of the United States." In accordance with his views and the resolution aforesaid, Mr. Douglas in 1854, as we have already seen, incorporated in the Kansas-Nebraska Bill a clause declaring it to be "the true intent and meaning of the Act not to legislate Slavery into any State or Territory, or to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States." His position, as stated by himself, was, substantially that the Lecompton Pro-Slavery Constitution was a fraud upon the people of Kansas, in that it did not embody the will of that people; and he denied the right of Congress to force a Constitution upon an unwilling people-- without regard, on his part, to whether that Constitution allowed or prohibited Slavery or any other thing, whether good or bad. He held that the people themselves were the sole judges of whether it is good or bad, and whether desirable or not. The Supreme Court of the United States had in the meantime made a decision in a case afterward known as the "Dred Scott case," which was held back until after the Presidential election of 1856 had taken place, and added fuel to the political fire already raging. Dred Scott was a Negro Slave. His owner voluntarily took him first into a Free State, and afterward into a Territory which came within the Congressional prohibitive legislation aforesaid. That decision in brief was substantially that no Negro Slave imported from Africa, nor his descendant, can be a citizen of any State within the meaning of the Constitution; that neither the Congress nor any Territorial Legislature has under the Constitution of the United States, the power to exclude Slavery from any Territory of the United States; and that it is for the State Courts of the Slave State, into which the negro has been conveyed by his master, and not for the United States Courts, to decide whether that Negro, having been held to actual Slavery in a Free State, has, by virtue of residence in such State, himself become Free. Now it was, that the meaning of the words, "subject only to the Constitution," as used in the Kansas-Nebraska Act, began to be discerned. For if the people of a Territory were to be "perfectly free," to deal with Slavery as they chose, "subject only to the Constitution" they were by this Judicial interpretation of that instrument "perfectly free" to deal with Slavery in any way so long as they did not attempt "to exclude" it! The thing was all one-sided. Mr. Douglas's attitude in inventing the peculiar phraseology in the Kansas- Nebraska Act--which to some seemed as if expressly "made to order" for the Dred Scott decision--was criticized with asperity; the popularity, however, of his courageous stand against President Buchanan on the Lecompton fraud, seemed to make it certain that, his term in the United States Senate being about to expire, he would be overwhelmingly re- elected to that body. But at this juncture occurred something, which for a long time held the result in doubt, and drew the excited attention of the whole Nation to Illinois as the great battle-ground. In 1858 a Republican State Convention was held at Springfield, Ill., which nominated Abraham Lincoln as the Republican candidate for United States Senator to succeed Senator Douglas in the National Legislature. On June 16th--after such nomination--Mr. Lincoln made to the Convention a speech--in which, with great and incisive power, he assailed Mr. Douglas's position as well as that of the whole Democratic Pro-Slavery Party, and announced in compact and cogent phrase, from his own point of view, the attitude, upon the Slavery question, of the Republican Party. In that remarkable speech--which at once attracted the attention of the Country--Mr. Lincoln said: "We are now far into the fifth year, since a policy was initiated with the avowed object, and confident promise, of putting an end to Slavery agitation. Under the operation of that policy, that agitation has not only not ceased, but has constantly augmented. In my opinion it will not cease, until a crisis shall have been reached and passed. 'A House divided against itself cannot stand.' I believe this Government cannot endure permanently half Slave and half Free. I do not expect the Union to be dissolved--I do not expect the House to fall--but I do expect it will cease to be divided. It will become all one thing, or all the other. Either the opponents of Slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become alike lawful in all the States, old as well as new, North as well as South." [Governor Seward's announcement of an "irrepressible conflict" was made four months later.] He then proceeded to lay bare and closely analyze the history of all that had been done, during the four years preceding, to produce the prevailing condition of things touching human Slavery; describing it as resulting from that, "now almost complete legal combination-piece of machinery, so to speak--compounded of the Nebraska doctrine and the Dred Scott decision." After stating the several points of that decision, and that the doctrine of the "Sacred right of self-government" had been perverted by the Nebraska "Squatter Sovereignty," argument to mean that, "if any one man chose to enslave another, no third man shall be allowed to object," he proceeded to show the grounds upon which he charged "pre- concert" among the builders of that machinery. Said he: "The people were to be left perfectly free, 'subject only to the Constitution.' What the Constitution had to do with it, outsiders could not see. Plainly enough now, it was an exactly fitted niche for the Dred Scott decision to afterward come in and declare the perfect freedom of the people to be just no freedom at all. Why was the amendment, expressly declaring the right of the people, voted down? Plainly enough now, the adoption of it would have spoiled the niche for the Dred Scott decision. Why was the Court decision held up? Why even a Senator's individual opinion withheld, till after the Presidential election? Plainly enough now: the speaking out then would have damaged the 'perfectly free' argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a re- argument? Why the incoming President's advance exhortation in favor of the decision? These things look like the cautious patting and petting of a spirited horse, preparatory to mounting him, when it is dreaded that he may give the rider a fall. And why the hasty after-indorsement of the decision, by the President and others? We cannot absolutely know that all these exact adaptations are the result of pre-concert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen--Stephen, Franklin, Roger, and James--[Douglas, Pierce, Taney and Buchanan.]--for instance--and when we see these timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mortices exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few--not omitting even the scaffolding, or, if a single piece be lacking, we see the place in the frame exactly fitted and prepared yet to bring such piece in--in such a case, 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 or draft drawn up before the first blow was struck." He drew attention also to the fact that by the Nebraska Bill the people of a State, as well as a Territory, were to be left "perfectly free," "subject only to the Constitution," and that the object of lugging a "State" into this merely Territorial law was to enable the United States Supreme Court in some subsequent decision to declare, when the public mind had been sufficiently imbued with Judge Douglas's notion of not caring "whether Slavery be voted up or voted down," that "the Constitution of the United States does not permit a State to exclude Slavery from its limits"--which would make Slavery "alike lawful in all the States." That, he declared to be Judge Douglas's present mission:-- "His avowed mission is impressing the 'public heart' to care nothing about it." Hence Mr. Lincoln urged Republicans to stand by their cause, which must be placed in the hands of its friends, "Whose hands are free, whose hearts are in the work--who do care for the result;" for he held that "a living dog is better than a dead lion." On the evening of July 9, 1858, at Chicago, Mr. Douglas (Mr. Lincoln being present) spoke to an enthusiastic assemblage, which he fitly described as a "vast sea of human faces," and, after stating that he regarded "the Lecompton battle as having been fought and the victory won, because the arrogant demand for the admission of Kansas under the Lecompton Constitution unconditionally, whether her people wanted it or not, has been abandoned, and the principle which recognizes the right of the people to decide for themselves has been submitted in its place," he proceeded to vindicate his position throughout; declared that he opposed "the Lecompton monstrosity solely on the ground than it was a violation of the fundamental principles of free government; on the ground that it was not the act and deed of the people of Kansas; that it did not embody their will; that they were averse to it;" and hence he "denied the right of Congress to force it upon them, either as a Free State or a Slave State." Said he: "I deny the right of Congress to force a Slaveholding State upon an unwilling people. I deny their right to force a Free State upon an unwilling people. I deny their right to force a good thing upon a people who are unwilling to receive it. The great principle is the right of every community to judge and decide for itself, whether a thing is right or wrong, whether it would be good or evil for them to adopt it; and the right of free action, the right of free thought, the right of free judgment upon the question is dearer to every true American than any other under a free Government. * * * It is no answer to this argument to say that Slavery is an evil, and hence should not be tolerated. You must allow the people to decide for themselves whether it is good or evil." He then adverted to the arraignment of himself by Mr. Lincoln, and took direct issue with that gentleman on his proposition that, as to Freedom and Slavery, "the Union will become all one thing or all the other;" and maintained on the contrary, that "it is neither desirable nor possible that there should be uniformity in the local institutions and domestic regulations of the different States of this Union." Upon the further proposition of Mr. Lincoln, which Mr. Douglas described as "a crusade against the Supreme Court of the United States on account of the Dred Scott decision," and as "an appeal from the decision" of that Court "upon this high Constitutional question to a Republican caucus sitting in the country," he also took "direct and distinct issue with him." To "the reason assigned by Mr. Lincoln for resisting the decision of the Supreme Court in the Dred Scott case * * * because it deprives the Negro of the privileges, immunities and rights of citizenship which pertain, according to that decision, only to the White man," Mr. Douglas also took exception thus: "I am free to say to you that in my opinion this Government of ours is founded on the White basis. It was made by the White man for the benefit of the White man, to be administered by White men, in such manner as they should determine. It is also true that a Negro, an Indian, or any other man of inferior race to a White man, should be permitted to enjoy, and humanity requires that he should have, all the rights, privileges, and immunities which he is capable of exercising consistent with the safety of society. * * * But you may ask me what are these rights and these privileges? My answer is, that each State must decide for itself the nature and extent of these rights. * * * Without indorsing the wisdom of that decision, I assert that Virginia has the same power by virtue of her sovereignty to protect Slavery within her limits, as Illinois has to banish it forever from our own borders. I assert the right of each State to decide for itself on all these questions, and I do not subscribe to the doctrine of my friend, Mr. Lincoln, that uniformity is either desirable or possible. I do not acknowledge that the States must all be Free or must all be Slave. I do not acknowledge that the Negro must have civil and political rights everywhere or nowhere. * * * I do not acknowledge any of these doctrines of uniformity in the local and domestic regulations in the different States. * * * Mr. Lincoln goes for a warfare upon the Supreme Court of the United States because of their judicial decision in the Dred Scott case. I yield obedience to the decisions in that Court--to the final determination of the highest judicial tribunal known to our Constitution. He objects to the Dred Scott decision because it does not put the Negro in the possession of the rights of citizenship on an equality with the White man. I am opposed to Negro equality. * * * I would extend to the Negro, and the Indian, and to all dependent races every right, every privilege, and every immunity consistent with the safety and welfare of the White races; but equality they never should have, either political or social, or in any other respect whatever. * * * My friends, you see that the issues are distinctly drawn." On the following evening (July 10th) at Chicago, Mr. Lincoln addressed another enthusiastic assemblage, in reply to Mr. Douglas; and, after protesting against a charge that had been made the previous night by the latter, of an "unnatural and unholy" alliance between Administration Democrats and Republicans to defeat him, as being beyond his own knowledge and belief, proceeded: "Popular Sovereignty! Everlasting Popular Sovereignty! Let us for a moment inquire into this vast matter of Popular Sovereignty. What is Popular Sovereignty? We recollect at an early period in the history of this struggle there was another name for the same thing--Squatter Sovereignty. It was not exactly Popular Sovereignty, but Squatter Sovereignty. What do those terms mean? What do those terms mean when used now? And vast credit is taken by our friend, the Judge, in regard to his support of it, when he declares the last years of his life have been, and all the future years of his life shall be, devoted to this matter of Popular Sovereignty. What is it? Why it is the Sovereignty of the People! What was Squatter Sovereignty? I suppose if it had any significance at all, it was the right of the people to govern themselves, to be sovereign in their own affairs while they were squatted down in a country not their own--while they had squatted on a territory that did not belong to them in the sense that a State belongs to the people who inhabit it--when it belonged to the Nation--such right to govern themselves was called 'Squatter Sovereignty.' "Now I wish you to mark. What has become of that Squatter Sovereignty? What has become of it? Can you get anybody to tell you now that the people of a Territory have any authority to govern themselves, in regard to this mooted question of Slavery, before they form a State Constitution? No such thing at all, although there is a general running fire and although there has been a hurrah made in every speech on that side, assuming that that policy had given the people of a Territory the right to govern themselves upon this question; yet the point is dodged. To-day it has been decided--no more than a year ago it was decided by the Supreme Court of the United States, and is insisted upon to-day, that the people of a Territory have no right to exclude Slavery from a Territory, that if any one man chooses to take Slaves into a Territory, all the rest of the people have no right to keep them out. This being so, and this decision being made one of the points that the Judge (Douglas) approved, * * * he says he is in favor of it, and sticks to it, and expects to win his battle on that decision, which says there is no such thing as Squatter Sovereignty; but that any man may take Slaves into a Territory and all the other men in the Territory may be opposed to it, and yet by reason of the Constitution they cannot prohibit it; when that is so, how much is left of this vast matter of Squatter Sovereignty, I should like to know? Again, when we get to the question of the right of the people to form a State Constitution as they please, to form it with Slavery or without Slavery--if that is anything new, I confess I don't know it * * *. "We do not remember that, in that old Declaration of Independence, it is said that 'We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.' There, is the origin of Popular Sovereignty. Who, then, shall come in at this day and claim that he invented it? The Lecompton Constitution connects itself with this question, for it is in this matter of the Lecompton Constitution that our friend, Judge Douglas, claims such vast credit. I agree that in opposing the Lecompton Constitution, so far as I can perceive, he was right. * * * All the Republicans in the Nation opposed it, and they would have opposed it just as much without Judge Douglas's aid as with it. They had all taken ground against it long before he did. Why, the reason that he urges against that Constitution, I urged against him a year before. I have the printed speech in my hand now. The argument that he makes, why that Constitution should not be adopted, that the people were not fairly represented nor allowed to vote, I pointed out in a speech a year ago which I hold in my hand now, that no fair chance was to be given to the people. * * * The Lecompton Constitution, as the Judge tells us, was defeated. The defeat of it was a good thing or it was not. He thinks the defeat of it was a good thing, and so do I, and we agree in that. Who defeated it? [A voice-- 'Judge Douglas.'] Yes, he furnished himself, and if you suppose he controlled the other Democrats that went with him, he furnished three votes, while the Republicans furnished twenty. That is what he did to defeat it. In the House of Representatives he and his friends furnished some twenty votes, and the Republicans furnished ninety odd. Now, who was it that did the work? * * * Ground was taken against it by the Republicans long before Douglas did it. The proportion of opposition to that measure is about five to one." Mr. Lincoln then proceeded to take up the issues which Mr. Douglas had joined with him the previous evening. He denied that he had said, or that it could be fairly inferred from what he had said, in his Springfield speech, that he was in favor of making War by the North upon the South for the extinction of Slavery, "or, in favor of inviting the South to a War upon the North, for the purpose of nationalizing Slavery." Said he: "I did not even say that I desired that Slavery should be put in course of ultimate extinction. I do say so now, however; so there need be no longer any difficulty about that. * * * I am tolerably well acquainted with the history of the Country and I know that it has endured eighty-two years half Slave and half Free. I believe--and that is what I meant to allude to there--I believe it has endured, because during all that time, until the introduction of the Nebraska Bill, the public mind did rest all the, time in the belief that Slavery was in course of ultimate extinction. That was what gave us the rest that we had through that period of eighty-two years; at least, so I believe. "I have always hated Slavery, I think, as much as any Abolitionist--I have been an Old Line Whig--I have always hated it, but I have always been quiet about it until this new era of the introduction of the Nebraska Bill began. I always believed that everybody was against it, and that it was in course of ultimate extinction. * * * The great mass of the Nation have rested in the belief that Slavery was in course of ultimate extinction. They had reason so to believe. The adoption of the Constitution and its attendant history led the People to believe so, and that such was the belief of the framers of the Constitution itself. Why did those old men about the time of the adoption of the Constitution decree that Slavery should not go into the new territory, where it had not already gone? Why declare that within twenty years the African Slave Trade, by which Slaves are supplied, might be cut off by Congress? Why were all these acts? I might enumerate more of these acts--but enough. What were they but a clear indication that the framers of the Constitution intended and expected the ultimate extinction of that institution? "And now, when I say, as I said in my speech that Judge Douglas has quoted from, when I say that I think the opponents of Slavery will resist the further spread of it, and place it where the public mind shall rest with the belief that it is in course of ultimate extinction, I only mean to say, that they will place it where the founders of this Government originally placed it. I have said a hundred times, and I have now no inclination to take it back, that I believe there is no right, and ought to be no inclination in the people of the Free States, to enter into the Slave States, and interfere with the question of Slavery at all. I have said that always; Judge Douglas has heard me say it--if not quite a hundred times, at least as good as a hundred times; and when it is said that I am in favor of interfering with Slavery where it exists, I know that it is unwarranted by anything I have ever intended, and as I believe, by anything I have ever said. If, by any means, I have ever used language which could fairly be so construe (as, however, I believe I never have) I now correct it. So much, then, for the inference that Judge Douglas draws, that I am in favor of setting the Sections at War with one another. "Now in relation to his inference that I am in favor of a general consolidation of all the local institutions of the various States * * * I have said, very many times in Judge Douglas's hearing, that no man believed more than I in the principle of self-government from beginning to end. I have denied that his use of that term applies properly. But for the thing itself, I deny that any man has ever gone ahead of me in his devotion to the principle, whatever he may have done in efficiency in advocating it. I think that I have said it in your hearing--that I believe each individual is naturally entitled to do as he pleases with himself and the fruit of his labor, so far as it in no wise interferes with any other man's rights--that each community, as a State, has a right to do exactly as it pleases with all the concerns within that State that interfere with the rights of no other State, and that the General Government, upon principle, has no right to interfere with anything other than that general class of things that does concern the whole. I have said that at all times. "I have said, as illustrations, that I do not believe in the right of Illinois to interfere with the cranberry laws of Indiana, the oyster laws of Virginia, or the liquor laws of Maine. I have said these things over and over again, and I repeat them here as my sentiments. * * * What can authorize him to draw any such inference? I suppose there might be one thing that at least enabled him to draw such an inference that would not be true with me or many others, that is, because he looks upon all this matter of Slavery as an exceedingly little thing--this matter of keeping one-sixth of the population of the whole Nation in a state of oppression and tyranny unequaled in the World. "He looks upon it as being an exceedingly little thing only equal to the cranberry laws of Indiana--as something having no moral question in it-- as something on a par with the question of whether a man shall pasture his land with cattle, or plant it with tobacco--so little and so small a thing, that he concludes, if I could desire that anything should be done to bring about the ultimate extinction of that little thing, I must be in favor of bringing about an amalgamation of all the other little things in the Union. "Now it so happens--and there, I presume, is the foundation of this mistake--that the Judge thinks thus; and it so happens that there is a vast portion of the American People that do not look upon that matter as being this very little thing. They look upon it as a vast moral evil; they can prove it as such by the writings of those who gave us the blessings of Liberty which we enjoy, and that they so looked upon it, and not as an evil merely confining itself to the States where it is situated; while we agree that, by the Constitution we assented to, in the States where it exists we have no right to interfere with it, because it is in the Constitution; and we are by both duty and inclination to stick by that Constitution in all its letter and spirit, from beginning to end. * * * The Judge can have no issue with me on a question of establishing uniformity in the domestic regulations of the States. * * * "Another of the issues he says that is to be made with me, is upon his devotion to the Dred Scott decision, and my opposition to it. I have expressed heretofore, and I now repeat, my opposition to the Dred Scott decision; but I should be allowed to state the nature of that opposition. * * * What is fairly implied by the term Judge Douglas has used, 'resistance to the decision?' I do not resist it. If I wanted to take Dred Scott from his master, I would be interfering with property and that terrible difficulty that Judge Douglas speaks of, of interfering with property, would arise. But I am doing no such thing as that, but all that I am doing is refusing to obey it, as a political rule. If I were in Congress, and a vote should come up on a question whether Slavery should be prohibited in a new Territory, in spite of the Dred Scott decision, I would vote that it should. That is what I would do. "Judge Douglas said last night, that before the decision he might advance his opinion, and it might be contrary to the decision when it was made; but after it was made, he would abide by it until it was reversed. Just so! We let this property abide by the decision, but we will try to reverse that decision. We will try to put it where Judge Douglas would not object, for he says he will obey it until it is reversed. Somebody has to reverse that decision, since it is made, and we mean to reverse it, and we mean to do it peaceably. "What are the uses of decisions of Courts? They have two uses. As rules of property they have two uses. First, they decide upon the question before the Court. They decide in this case that Dred Scott is a Slave. Nobody resists that. Not only that, but they say to everybody else, that persons standing just as Dred Scott stands, are as he is. That is, they say that when a question comes up upon another person, it will be so decided again, unless the Court decides in another way-- unless the Court overrules its decision.--Well, we mean to do what we can to have the Court decide the other way. That is one thing we mean to try to do. "The sacredness that Judge Douglas throws around this decision is a degree of sacredness that has never before been thrown around any other decision. I have never heard of such a thing. Why, decisions apparently contrary to that decision, or that good lawyers thought were contrary to that decision, have been made by that very Court before. It is the first of its kind; it is an astonisher in legal history. It is a new wonder of the world. It is based upon falsehood in the main as to the facts--allegations of facts upon which it stands are not facts at all in many instances; and no decision made on any question--the first instance of a decision made under so many unfavorable circumstances-- thus placed, has ever been held by the profession as law, and it has always needed confirmation before the lawyers regarded it as settled law. But Judge Douglas will have it that all hands must take this extraordinary decision, made under these extraordinary circumstances, and give their vote in Congress in accordance with it, yield to it and obey it in every possible sense. "Circumstances alter cases. Do not gentlemen remember the case of that same Supreme Court, some twenty-five or thirty years ago, deciding that a National Bank was Constitutional? * * * The Bank charter ran out, and a recharter was granted by Congress. That re-charter was laid before General Jackson. It was urged upon him, when he denied the Constitutionality of the Bank, that the Supreme Court had decided that it was Constitutional; and General Jackson then said that the Supreme Court had no right to lay down a rule to govern a co-ordinate branch of the Government, the members of which had sworn to support the Constitution--that each member had sworn to support that Constitution as he understood it. I will venture here to say, that I have heard Judge Douglas say that he approved of General Jackson for that act. What has now become of all his tirade about 'resistance to the Supreme Court?'" After adverting to Judge Douglas's warfare on "the leaders" of the Republican party, and his desire to have "it understood that the mass of the Republican party are really his friends," Mr. Lincoln said: "If you indorse him, you tell him you do not care whether Slavery be voted up or down, and he will close, or try to close, your mouths with his declaration repeated by the day, the week, the month, and the year. Is that what you mean? * * * Now I could ask the Republican party, after all the hard names that Judge Douglas has called them by, all his repeated charges of their inclination to marry with and hug negroes--all his declarations of Black Republicanism--by the way, we are improving, the black has got rubbed off--but with all that, if he be indorsed by Republican votes, where do you stand? Plainly, you stand ready saddled, bridled, and harnessed, and waiting to be driven over to the Slavery- extension camp of the Nation--just ready to be driven over, tied together in a lot--to be driven over, every man with a rope around his neck, that halter being held by Judge Douglas. That is the question. If Republican men have been in earnest in what they have done, I think that they has better not do it. * * * "We were often--more than once at least--in the course of Judge Douglas's speech last night, reminded that this Government was made for White men--that he believed it was made for White men. Well, that is putting it in a shape in which no one wants to deny it; but the Judge then goes into his passion for drawing inferences that are not warranted. I protest, now and forever, against that counterfeit logic which presumes that because I do not want a Negro woman for a Slave I do necessarily want her for a wife. My understanding is that I need not have her for either; but, as God has made us separate, we can leave one another alone, and do one another much good thereby. There are White men enough to marry all the White women, and enough Black men to marry all the Black women, and in God's name let them be so married. The Judge regales us with the terrible enormities that take place by the mixture of races; that the inferior race bears the superior down. Why, Judge, if we do not let them get together in the Territories, they won't mix there. " * * * Those arguments that are made, that the inferior race are to be treated with as much allowance as they are capable of enjoying; that as much is to be done for them as their condition will allow--what are these arguments? They are the arguments that Kings have made for enslaving the People in all ages of the World. You will find that all the arguments in favor of king-craft were of this class; they always bestrode the necks of the People, not that they wanted to do it, but because the People were better off for being ridden! That is their argument, and this argument of the Judge is the same old Serpent that says: you work, and I eat; you toil, and I will enjoy the fruits of it. "Turn it whatever way you will--whether it come from the mouth of a King, an excuse for enslaving the People of his Country, or from the mouth of men of one race as a reason for enslaving the men of another race, it is all the same old Serpent; and I hold, if that course of argumentation that is made for the purpose of convincing the public mind that we should not care about this, should be granted, it does not stop with the Negro. "I should like to know, taking this old Declaration of Independence, which declares that all men are equal upon principle, and making exceptions to it, where will it stop? If one man says it does not mean a Negro, why not say it does not mean some other man? If that Declaration is not the truth, let us get the Statute Book, in which we find it, and tear it out! Who is so bold as to do it? If it is not true, let us tear it out!" [Cries of "No, no."] "Let us stick to it then; let us stand firmly by it, then. * * * " * * * The Saviour, I suppose, did not expect that any human creature could be perfect as the Father in Heaven; but He said, 'As your Father in Heaven is perfect, be ye also perfect.' He set that up as a standard, and he who did most toward reaching that standard, attained the highest degree of moral perfection. So I say, in relation to the principle that all men are created equal--let it be as nearly reached as we can. If we cannot give Freedom to every creature, let us do nothing that will impose Slavery upon any other creature. Let us then turn this Government back into the channel in which the framers of the Constitution originally placed it. Let us stand firmly by each other. * * * Let us discard all this quibbling * * * and unite as one People throughout this Land, until we shall once more stand up declaring that all men are created equal." At Bloomington, July 16th (Mr. Lincoln being present), Judge Douglas made another great speech of vindication and attack. After sketching the history of the Kansas-Nebraska struggle, from the introduction by himself of the Nebraska Bill in the United States Senate, in 1854, down to the passage of the "English" Bill--which prescribed substantially that if the people of Kansas would come in as a Slave-holding State, they should be admitted with but 35,000 inhabitants; but if they would come in as a Free State, they must have 93,420 inhabitants; which unfair restriction was opposed by Judge Douglas, but to which after it became law he "bowed in deference," because whatever decision the people of Kansas might make on the coming third of August would be "final and conclusive of the whole question"--he proceeded to compliment the Republicans in Congress, for supporting the Crittenden-Montgomery Bill-- for coming "to the Douglas platform, abandoning their own, believing (in the language of the New York Tribune), that under the peculiar circumstances they would in that mode best subserve the interests of the Country;" and then again attacked Mr. Lincoln for his "unholy and unnatural alliance" with the Lecompton-Democrats to defeat him, because of which, said he: "You will find he does not say a word against the Lecompton Constitution or its supporters. He is as silent as the grave upon that subject. Behold Mr. Lincoln courting Lecompton votes, in order that he may go to the Senate as the representative of Republican principles! You know that the alliance exists. I think you will find that it will ooze out before the contest is over." Then with many handsome compliments to the personal character of Mr. Lincoln, and declaring that the question for decision was "whether his principles are more in accordance with the genius of our free institutions, the peace and harmony of the Republic" than those advocated by himself, Judge Douglas proceeded to discuss what he described as "the two points at issue between Mr. Lincoln and myself." Said he: "Although the Republic has existed from 1789 to this day, divided into Free States and Slave States, yet we are told that in the future it cannot endure unless they shall become all Free or all Slave. * * * He wishes to go to the Senate of the United States in order to carry out that line of public policy which will compel all the States in the South to become Free. How is he going to do it? Has Congress any power over the subject of Slavery in Kentucky or Virginia or any other State of this Union? How, then, is Mr. Lincoln going to carry out that principle which he says is essential to the existence of this Union, to wit: That Slavery must be abolished in all the States of the Union or must be established in them all? You convince the South that they must either establish Slavery in Illinois and in every other Free State, or submit to its abolition in every Southern State and you invite them to make a warfare upon the Northern States in order to establish Slavery for the sake of perpetuating it at home. Thus, Mr. Lincoln invites, by his proposition, a War of Sections, a War between Illinois and Kentucky, a War between the Free States and the Slave States, a War between the North and South, for the purpose of either exterminating Slavery in every Southern State or planting it in every Northern State. He tells you that the safety of the Republic, that the existence of this Union, depends upon that warfare being carried on until one Section or the other shall be entirely subdued. The States must all be Free or Slave, for a house divided against itself cannot stand. That is Mr. Lincoln's argument upon that question. My friends, is it possible to preserve Peace between the North and the South if such a doctrine shall prevail in either Section of the Union? "Will you ever submit to a warfare waged by the Southern States to establish Slavery in Illinois? What man in Illinois would not lose the last drop of his heart's blood before lie would submit to the institution of Slavery being forced upon us by the other States against our will? And if that be true of us, what Southern man would not shed the last drop of his heart's blood to prevent Illinois, or any other Northern State, from interfering to abolish Slavery in his State? Each of these States is sovereign under the Constitution; and if we wish to preserve our liberties, the reserved rights and sovereignty of each and every State must be maintained. * * * The difference between Mr. Lincoln and myself upon this point is, that he goes for a combination of the Northern States, or the organization of a sectional political party in the Free States, to make War on the domestic institutions of the Southern States, and to prosecute that War until they all shall be subdued, and made to conform to such rules as the North shall dictate to them. "I am aware that Mr. Lincoln, on Saturday night last, made a speech at Chicago for the purpose, as he said, of explaining his position on this question. * * * His answer to this point which I have been arguing, is, that he never did mean, and that I ought to know that he never intended to convey the idea, that he wished the people of the Free States to enter into the Southern States and interfere with Slavery. Well, I never did suppose that he ever dreamed of entering into Kentucky, to make War upon her institutions, nor will any Abolitionist ever enter into Kentucky to wage such War. Their mode of making War is not to enter into those States where Slavery exists, and there interfere, and render themselves responsible for the consequences. Oh, no! They stand on this side of the Ohio River and shoot across. They stand in Bloomington and shake their fists at the people of Lexington; they threaten South Carolina from Chicago. And they call that bravery! But they are very particular, as Mr. Lincoln says, not to enter into those States for the purpose of interfering with the institution of Slavery there. I am not only opposed to entering into the Slave States, for the purpose of interfering with their institutions, but I am opposed to a sectional agitation to control the institutions of other States. I am opposed to organizing a sectional party, which appeals to Northern pride, and Northern passion and prejudice, against Southern institutions, thus stirring up ill feeling and hot blood between brethren of the same Republic. I am opposed to that whole system of sectional agitation, which can produce nothing but strife, but discord, but hostility, and finally disunion. * * * "I ask Mr. Lincoln how it is that he purposes ultimately to bring about this uniformity in each and all the States of the Union? There is but one possible mode which I can see, and perhaps Mr. Lincoln intends to pursue it; that is, to introduce a proposition into the Senate to change the Constitution of the United States in order that all the State Legislatures may be abolished, State Sovereignty blotted out, and the power conferred upon Congress to make local laws and establish the domestic institutions and police regulations uniformly throughout the United States. "Are you prepared for such a change in the institutions of your country? Whenever you shall have blotted out the State Sovereignties, abolished the State Legislatures, and consolidated all the power in the Federal Government, you will have established a Consolidated Empire as destructive to the Liberties of the People and the Rights of the Citizen as that of Austria, or Russia, or any other despotism that rests upon the neck of the People. * * * There is but one possible way in which Slavery can be abolished, and that is by leaving a State, according to the principle of the Kansas-Nebraska Bill, perfectly free to form and regulate its institutions in its own way. That was the principle upon which this Republic was founded, and it is under the operation of that principle that we have been able to preserve the Union thus far under its operation. Slavery disappeared from New Hampshire, from Rhode Island, from Connecticut, from New York, from New Jersey, from Pennsylvania, from six of the twelve original Slave-holding States; and this gradual system of emancipation went on quietly, peacefully, and steadily, so long as we in the Free States minded our own business, and left our neighbors alone. "But the moment the Abolition Societies were organized throughout the North, preaching a violent crusade against Slavery in the Southern States, this combination necessarily caused a counter-combination in the South, and a sectional line was drawn which was a barrier to any further emancipation. Bear in mind that emancipation has not taken place in any one State since the Free Soil Party was organized as a political party in this country. Emancipation went on gradually, in State after State, so long as the Free States were content with managing their own affairs and leaving the South perfectly free to do as they pleased; but the moment the North said we are powerful enough to control you of the South, the moment the North proclaimed itself the determined master of the South, that moment the South combined to resist the attack, and thus sectional parties were formed and gradual emancipation ceased in all the Slave-holding States. "And yet Mr. Lincoln, in view of these historical facts, proposes to keep up this sectional agitation, band all the Northern States together in one political Party, elect a President by Northern votes alone, and then, of course, make a Cabinet composed of Northern men, and administer the Government by Northern men only, denying all the Southern States of this Union any participation in the administration of affairs whatsoever. I submit to you, my fellow-citizens, whether such a line of policy is consistent with the peace and harmony of the Country? Can the Union endure under such a system of policy? He has taken his position in favor of sectional agitation and sectional warfare. I have taken mine in favor of securing peace, harmony, and good-will among all the States, by permitting each to mind its own business, and discountenancing any attempt at interference on the part of one State with the domestic concerns of the others. * * * "Mr. Lincoln tells you that he is opposed to the decision of the Supreme Court in the Dred Scott case. Well, suppose he is; what is he going to do about it? * * * Why, he says he is going to appeal to Congress. Let us see how he will appeal to Congress. He tells us that on the 8th of March, 1820, Congress passed a law called the Missouri Compromise, prohibiting Slavery forever in all the territory west of the Mississippi and north of the Missouri line of thirty-six degrees and thirty minutes; that Dred Scott, a slave in Missouri, was taken by his master to Fort Snelling, in the present State of Minnesota, situated on the west branch of the Mississippi River, and consequently in the Territory where Slavery was prohibited by the Act of 1820; and that when Dred Scott appealed for his Freedom in consequence of having been taken into that Territory, the Supreme Court of the United States decided that Dred Scott did not become Free by being taken into that Territory, but that having been carried back to Missouri, was yet a Slave. "Mr. Lincoln is going to appeal from that decision and reverse it. He does not intend to reverse it as to Dred Scott. Oh, no! But he will reverse it so that it shall not stand as a rule in the future. How will he do it? He says that if he is elected to the Senate he will introduce and pass a law just like the Missouri Compromise, prohibiting Slavery again in all the Territories. Suppose he does re-enact the same law which the Court has pronounced unconstitutional, will that make it Constitutional? * * * Will it be any more valid? Will he be able to convince the Court that the second Act is valid, when the first is invalid and void? What good does it do to pass a second Act? Why, it will have the effect to arraign the Supreme Court before the People, and to bring them into all the political discussions of the Country. Will that do any good? * * * "The functions of Congress are to enact the Statutes, the province of the Court is to pronounce upon their validity, and the duty of the Executive is to carry the decision into effect when rendered by the Court. And yet, notwithstanding the Constitution makes the decision of the Court final in regard to the validity of an Act of Congress, Mr. Lincoln is going to reverse that decision by passing another Act of Congress. When he has become convinced of the Folly of the proposition, perhaps he will resort to the same subterfuge that I have found others of his Party resort to, which is to agitate and agitate until he can change the Supreme Court and put other men in the places of the present incumbents." After ridiculing this proposition at some length, he proceeded: "Mr. Lincoln is alarmed for fear that, under the Dred Scott decision, Slavery will go into all the Territories of the United States. All I have to say is that, with or without this decision, Slavery will go just where the People want it, and not an inch further. * * * Hence, if the People of a Territory want Slavery, they will encourage it by passing affirmatory laws, and the necessary police regulations, patrol laws and Slave Code; if they do not want it, they will withhold that legislation, and, by withholding it, Slavery is as dead as if it was prohibited by a Constitutional prohibition, especially if, in addition, their legislation is unfriendly, as it would be if they were opposed to it." Then, taking up what he said was "Mr. Lincoln's main objection to the Dred Scott decision," to wit: "that that decision deprives the Negro of the benefits of that clause of the Constitution of the United States which entitles the citizens of each State to all the privileges and immunities of citizens of the several States," and admitting that such would be its effect, Mr. Douglas contended at some length that this Government was "founded on the White basis" for the benefit of the Whites and their posterity. He did "not believe that it was the design or intention of the signers of the Declaration of Independence or the frames of the Constitution to include Negroes, Indians, or other inferior races, with White men as citizens;" nor that the former "had any reference to Negroes, when they used the expression that all men were created equal," nor to "any other inferior race." He held that, "They were speaking only of the White race, and never dreamed that their language would be construed to apply to the Negro;" and after ridiculing the contrary view, insisted that, "The history of the Country shows that neither the signers of the Declaration, nor the Framers of the Constitution, ever supposed it possible that their language would be used in an attempt to make this Nation a mixed Nation of Indians, Negroes, Whites, and Mongrels." The "Fathers proceeded on the White basis, making the White people the governing race, but conceding to the Indian and Negro, and all inferior races, all the rights and all the privileges they could enjoy consistent with the safety of the society in which they lived. That," said he, "is my opinion now. I told you that humanity, philanthropy, justice, and sound policy required that we should give the Negro every right, every privilege, every immunity consistent with the safety and welfare of the State. The question, then, naturally arises, what are those rights and privileges, and what is the nature and extent of them? My answer is, that that is a question which each State and each Territory must decide for itself. * * * I am content with that position. My friend Lincoln is not. * * * He thinks that the Almighty made the Negro his equal and his brother. For my part I do not consider the Negro any kin to me, nor to any other White man; but I would still carry my humanity and my philanthropy to the extent of giving him every privilege and every immunity that he could enjoy, consistent with our own good." After again referring to the principles connected with non-interference in the domestic institutions of the States and Territories, and to the devotion of all his energies to them "since 1850, when," said he, "I acted side by side with the immortal Clay and the god-like Webster, in that memorable struggle in which Whigs and Democrats united upon a common platform of patriotism and the Constitution, throwing aside partisan feelings in order to restore peace and harmony to a distracted Country"--he alluded to the death-bed of Clay, and the pledges made by himself to both Clay and Webster to devote his own life to the vindication of the principles of that Compromise of 1850 as a means of preserving the Union; and concluded with this appeal: "This Union can only be preserved by maintaining the fraternal feeling between the North and the South, the East and the West. If that good feeling can be preserved, the Union will be as perpetual as the fame of its great founders. It can be maintained by preserving the sovereignty of the States, the right of each State and each Territory to settle its domestic concerns for itself, and the duty of each to refrain from interfering with the other in any of its local or domestic institutions. Let that be done, and the Union will be perpetual; let that be done, and this Republic, which began with thirteen States and which now numbers thirty-two, which when it began, only extended from the Atlantic to the Mississippi, but now reaches to the Pacific, may yet expand, North and South, until it covers the whole Continent, and becomes one vast ocean- bound Confederacy. Then, my friends, the path of duty, of honor, of patriotism, is plain. There are a few simple principles to be preserved. Bear in mind the dividing line between State rights and Federal authority; let us maintain the great principles of Popular Sovereignty, of State rights and of the Federal Union as the Constitution has made it, and this Republic will endure forever." On the next evening, July 17th, at Springfield, both Douglas and Lincoln addressed separate meetings. After covering much the same ground with regard to the history of the Kansas-Nebraska struggle and his own attitude upon it, as he did in his previous speech, Mr. Douglas declined to comment upon Mr. Lincoln's intimation of a Conspiracy between Douglas, Pierce, Buchanan, and Taney for the passage of the Nebraska Bill, the rendition of the Dred Scott decision, and the extension of Slavery, but proceeded to dilate on the "uniformity" issue between himself and Mr. Lincoln, in much the same strain as before, tersely summing up with the statement that "there is a distinct issue of principles--principles irreconcilable--between Mr. Lincoln and myself. He goes for consolidation and uniformity in our Government. I go for maintaining the Confederation of the Sovereign States under the Constitution, as our fathers made it, leaving each State at liberty to manage its own affairs and own internal institutions." He then ridiculed, at considerable length, Mr. Lincoln's proposed methods of securing a reversal by the United States Supreme Court of the Dred Scott decision--especially that of an "appeal to the People to elect a President who will appoint judges who will reverse the Dred Scott decision," which he characterized as "a proposition to make that Court the corrupt, unscrupulous tool of a political party," and asked, "when we refuse to abide by Judicial decisions, what protection is there left for life and property? To whom shall you appeal? To mob law, to partisan caucuses, to town meetings, to revolution? Where is the remedy when you refuse obedience to the constituted authorities?" In other respects the speech was largely a repetition of his Bloomington speech. Mr. Lincoln in his speech, the same night, at Springfield, opened by contrasting the disadvantages under which, by reason of an unfair apportionment of State Legislative representation and otherwise, the Republicans of Illinois labored in this fight. Among other disadvantages--whereby he said the Republicans were forced "to fight this battle upon principle and upon principle alone"--were those which he said arose "out of the relative positions of the two persons who stand before the State as candidates for th