Chapter XI: Book I (8)

Prior to the Kansas struggle the Free Soilers of the North had regarded Douglas as an ally of the South, and his admitted ambition for the Presidency gave color to this suspicion. He it was who reported and carried through Congress the bill for the repeal of the Missouri Compromise, a measure which at that time was thought to obstruct Southern designs in the territories of the great West, but this repeal proved in fact the first plain steps toward the freedom of the territories. Having repealed that compromise, something must take its place, and what better than “popular sovereignty,” thought Douglas. Territories contiguous to the Slave States, or in the same latitude, would thus naturally revert to slavery; while those farther north, and at that time least likely of early settlement, would be dedicated to freedom. There was a grave miscalculation just here. Slave-owners were not apt to change their homesteads, and could not with either profit or convenience carry their property to new lands which might or might not be fruitful in the crops best adapted to slave labor. Slave-owners were few in number compared with the free citizens of the North and the thousands of immigrants annually landing on our shores. People who had once moved from the New England or Middle States westward, were rather fond of it, and many of these swelled the tide which constantly sought homes in the territories; and where these did not go in person their sons and daughters were quite willing to imitate the early adventures of their parents. All these counted for the North under the doctrine of “popular sovereignty,” and it was the failure of that doctrine to aid the South which from this time forward caused that section to mistrust the friendship of Douglas.

No political writer has since questioned his motives, and we doubt if it can be done successfully. His views may have undergone some change since 1850, and it would be singular if they had not; for a mind as discerning as his could hardly fail to note the changes going on all about him, and no where more rapidly than in his own State. He thought his doctrine at least adapted to the time, and he stood by it with rare bravery and ability. If it had been accepted by the Republicans, it would have been fatal to their organization as a party. We doubt the ability of any party to stand long upon any mere compromise, made to suit the exigencies and avoid the dangers of the moment. It may be said that our government, first based on a confederacy and then a constitution, with a system of checks and balances, with a division of power between the people and the States, is but a compromise; but the assertion will not hold good. These things were adopted because of a belief at the time that they were in themselves right, or as nearly right as those who participated in their adoption were given to see the right. There was certainly no attempt at a _division of right and wrong_, and the closest investigation will show nothing beyond a surrender of power for the good of all, which is in itself the very essence and beginning of government.

We have said that Douglas fought bravely for his idea, and every movement in his most remarkable campaign with Lincoln for the U. S. Senate demonstrated the fact. The times were full of agitation and excitement, and these were increased when it became apparent that Buchanan’s administration would aid the effort to make Kansas a slave State. Douglas was the first to see that the application of administration machinery to his principle, would degrade and rob it of its fairness. He therefore resented Buchanan’s interference, and in turn Buchanan’s friends sought to degrade him by removing him from the chairmanship of the Senate Committee on Territories, the position which had given him marked control over all questions pertaining to the organization of territories and the admission of new States.

The Lincoln and Douglas Debate.

The Senatorial term of Douglas was drawing near to its close, when in July, 1858, he left Washington to enter upon the canvass for re-election. The Republican State Convention of Illinois had in the month previous met at Springfield, and nominated Abraham Lincoln as a candidate for United States Senator, this with a view to pledge all Republican members of the Legislature to vote for him—a practice since gone into disuse in most of the States, because of the rivalries which it engenders and the aggravation of the dangers of defeat sure to follow in the selection of a candidate in advance. “First get your goose, then cook it,” inelegantly describes the basic principles of improved political tactics. But the Republicans, particularly of the western part of Illinois, had a double purpose in the selection of Lincoln. He was not as radical as they, but he well represented the growing Republican sentiment, and he best of all men could cope with Douglas on the stump in a canvass which they desired should attract the attention of the Nation, and give shape to the sentiment of the North on all questions pertaining to slavery. The doctrine of “popular sovereignty” was not acceptable to the Republicans, the recent repeal of the Missouri compromise having led them, or the more radical portion of them, to despise all compromise measures.

The plan of the Illinois Republicans, if indeed it was a well-settled plan, accomplished even more than was anticipated, though it did not result in immediate success. It gave to the debate which followed between Lincoln and Douglas a world-wide celebrity, and did more to educate and train the anti-slavery sentiment, taken in connection with the ever-growing excitement in Kansas, than anything that could have happened.

Lincoln’s speech before the convention which nominated him, gave the first clear expression to the idea that there was an “irrepressible conflict” between freedom and slavery. Wm. H. Seward on October 25th following, at Rochester, N. Y., expressed the same idea in these words:

“It is an _irrepressible conflict_ between opposing and enduring forces, and it means that the United States will sooner or later become either an entire slaveholding Nation, or an entirely free labor Nation.”

Lincoln’s words at Springfield, in July, 1858, were:

“If we could first know where we are, and whither we are tending, we could better judge what to do, and how to do it. 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 the 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.”

Douglas arrived in Chicago on the 9th of July, and was warmly received by enthusiastic friends. His doctrine of “popular sovereignty” had all the attractions of novelty and apparent fairness. For months it divided many Republicans, and at one time the New York _Tribune_ showed indications of endorsing the position of Douglas—a fact probably traceable to the attitude of jealousy and hostility manifested toward him by the Buchanan administration. Neither of the great debaters were to be wholly free in the coming contest. Douglas was undermined by Buchanan, who feared him as a rival, and by the more bitter friends of slavery, who could not see that the new doctrine was safely in their interest; but these things were dwarfed in the State conflict, and those who shared such feelings had to make at least a show of friendship until they saw the result. Lincoln was at first handicapped by the doubts of that class of Republicans who thought “popular sovereignty” not bad Republican doctrine.

On the arrival of Douglas he replied to Lincoln’s Springfield speech; on the 16th he spoke at Bloomington, and on the 17th, in the afternoon, at Springfield. Lincoln had heard all three speeches, and replied to the last on the night of the day of its delivery. He next addressed to Douglas the following challenge to debate:

CHICAGO, July 24th, 1858.

HON. S. A. DOUGLAS:—_My Dear Sir_:—Will it be agreeable to you to make
an arrangement to divide time, and address the same audience, during
the present canvass? etc. Mr. Judd is authorized to receive your
answer, and if agreeable to you, to enter into terms of such
agreement, etc.

Your obedient servant,
A. LINCOLN.

Douglas promptly accepted the challenge, and it was arranged that there should be seven joint debates, each alternately opening and closing, the opening speech to occupy one hour, the reply one hour and a half, and the closing half an hour. They spoke at Ottawa, August 21st; Freeport, August 27th; Jonesboro’, September 15th; Charleston, September 18th; Galesburg, October 7th; Quincy, October 13th; and Alton, October 15th. We give in Book III of this volume their closing speeches in full.

Great crowds attended, and some of the more enterprising daily journals gave phonographic reports of the speeches. The enthusiasm of the North soon ran in Lincoln’s favor, though Douglas had hosts of friends; but then the growing and the aggressive party was the Republican, and even the novelty of a new and attractive doctrine like that of “popular sovereignty” could not long divert their attention. The prize suspended in view of the combatants was the United States Senatorship, and to close political observers this was plainly within the grasp of Douglas by reason of an apportionment which would give his party a majority in the Legislature, even though the popular majority should be twenty thousand against him—a system of apportionment, by the way, not confined to Illinois alone, or not peculiar to it in the work of any of the great parties at any period when party lines were drawn.

Buchanan closely watched the fight, and it was charged and is still believed by the friends of the “Little Giant,” that the administration secretly employed its patronage and power to defeat him. Certain it is that a few prominent Democrats deserted the standard of Douglas, and that some of them were rewarded. In the heat of the battle, however, Douglas’ friends were careless of the views of the administration. He was a greater leader than Buchanan, and in Illinois at least he overshadowed the administration. He lacked neither money nor friends. Special trains of cars, banners, cannon, bands, processions, were all supplied with lavish hands. The democracy of Illinois, nor yet of any other State, ever did so well before or since, and if the administration had been with him this enthusiasm might have spread to all other States and given his doctrine a larger and more glorious life. Only the border States of the South, however, saw opportunity and glory in it, while the office-holders in other sections stood off and awaited results.

Lincoln’s position was different. He, doubtless, early realized that his chances for election were remote indeed, with the apportionment as it was, and he sought to impress the nation with the truth of his convictions, and this without other display than the force of their statement and publication. Always a modest man, he was never more so than in this great battle. He declared that he did not care for the local result, and in the light of what transpired, the position was wisely taken. Douglas was apparently just as earnest, though more ambitious; for he declared in the vehemence of the advocacy of his doctrine, that “he did not care whether slavery was voted up or voted down.” Douglas had more to lose than Lincoln—a place which his high abilities had honored in the United States Senate, and which intriguing enemies in his own party made him doubly anxious to hold. Beaten, and he was out of the field for the Presidency, with his enthroned rival a candidate for re-election. Successful, and that rival must leave the field, with himself in direct command of a great majority of the party. This view must have then been presented, but the rapid rise in public feeling made it in part incorrect. The calculation of Douglas that he could at one and the same time retain the good will of all his political friends in Illinois and those of the South failed him, though he did at the time, and until his death, better represent the majority of his party in the whole country than any other leader.

At the election which followed the debate, the popular choice in the State as a whole was for Lincoln by 126,084 to 121,940 for Douglas; but the apportionment of 1850 gave to Douglas a plain majority of the Senators and Representatives.

At the Freeport meeting, August 27th, there were sharp questions and answers between the debaters. They were brought on by Lincoln, who, after alluding to some questions propounded to him at Ottawa, said:

“I now propose that I will answer any of the interrogatories, upon condition that he will answer questions from me not exceeding the same number, to which I give him an opportunity to respond. The judge remains silent; I now say that I will answer his interrogatories, whether he answer mine or not, and that after I have done so I shall propound mine to him.

“I have supposed myself, since the organization of the Republican party at Bloomington in May, 1856, bound as a party man by the platforms of the party, there, and since. If, in any interrogatories which I shall answer, I go beyond the scope of what is within these platforms, it will be perceived that no one is responsible but myself.

“Having said thus much, I will take up the judge’s interrogatories as I find them printed in the _Chicago Times_, and answer them _seriatim_. In order that there may be no mistake about it, I have copied the interrogatories in writing, and also my answers to them. The first one of these interrogatories is in these words:

_Question 1._—I desire to know whether Lincoln to-day stands, as he did in 1854, in favor of the unconditional repeal of the Fugitive Slave Law?

_Answer._—I do not now, nor ever did, stand in favor of the unconditional repeal of the Fugitive Slave Law.

_Q. 2._—I desire him to answer whether he stands pledged to-day, as he did in 1854, against the admission of any more slave States into the Union, even if the people want them?

_A._—I do not now, nor ever did, stand pledged against the admission of any more slave States into the Union.

_Q. 3_—I want to know, whether he stands pledged against the admission of a new State into the Union, with such a Constitution as the people of the State may see fit to make?

_A._—I do not stand pledged against the admission of a new State into the Union, with such a Constitution as the people of the State may see fit to make.

_Q. 4._—I want to know whether he stands to-day pledged to the abolition of slavery in the District of Columbia?

_A._—I do not stand to-day pledged to the abolition of slavery in the District of Columbia.

_Q. 5._—I desire him to answer whether he stands pledged to the prohibition of the slave trade between the different States?

_A._—I do not stand pledged to prohibition of the slave trade between the different States.

_Q. 6._—I desire to know whether he stands pledged to prohibit slavery in all the Territories of the United States, North as well as South of the Missouri Compromise line?

_A._—I am impliedly, if not expressly, pledged to a belief in the RIGHT and DUTY of Congress to prohibit slavery in all of the United States’ Territories.

_Q. 7._—I desire him to answer, whether he is opposed to the acquisition of any new territory, unless slavery is first prohibited therein?

_A._—I am not generally opposed to honest acquisition of territory; and in any given case, I would or would not oppose such acquisition, according as I might think such acquisition would or would not aggravate the slavery question among ourselves.

“Now, my friends, it will be perceived upon an examination of these questions and answers, that so far, I have only answered that I was not _pledged_ to this, that, or the other.

The judge has not framed his interrogatories to ask me anything more than this and I have answered in strict accordance with the interrogatories, and have answered truly, that I am not _pledged_ at all upon any of the points to which I have answered. But I am not disposed to hang upon the exact form of his interrogatories. I am rather disposed to take up, at least some of these questions, and state what I really think upon them.

“The fourth one is in regard to the abolition of slavery in the District of Columbia. In relation to that, I have my mind very distinctly made up. I should be very glad to see slavery abolished in the District of Columbia. I believe that Congress possesses the constitutional power to abolish it. Yet, as a member of Congress, I should not, with my present views, be in favor of _endeavoring_ to abolish slavery in the District of Columbia, unless it should be upon these conditions: FIRST, That the abolition should be gradual; SECOND, That it should be on a vote of a majority of qualified voters in the District; and THIRD, That compensation should be made to unwilling owners. With these three conditions, I confess I would be exceedingly glad to see Congress abolish slavery in the District of Columbia, and in the language of Henry Clay, ‘sweep from our Capital that foul blot upon our nation.’

I now proceed to propound to the judge the interrogatories, so far as I have framed them. I will bring forward a new instalment when I get them ready. I will bring now only four. The first one is:—

1. If the people of Kansas shall, by means entirely unobjectionable in all other respects, adopt a State Constitution and ask admission into the Union under it _before_ they have the requisite number of inhabitants, according to the English bill—some ninety-three thousand—will he vote to admit them?

2. Can the people of the United States Territory, in any lawful way, against the wish of any citizen of the United States, exclude slavery from its limits prior to the formation of a State Constitution?

3. If the Supreme Court of the United States shall decide that States cannot exclude slavery from their limits, are you in favor of acquiescing in, adopting and following such decision as a rule of political action?

4. Are you in favor of acquiring additional territory in disregard of how much acquisition may affect the nation on the slavery question?

To these questions Mr. Douglas said: “In reference to Kansas, it is my opinion that, as she has population enough to constitute a slave State, she has people enough for a free State. I hold it to be a sacred rule of universal application, to require a Territory to contain the requisite population for a member of Congress, before it is admitted as a State into the Union.

2. “It matters not what way the Supreme Court may hereafter decide, as to the abstract question whether slavery may or may not go into a Territory under the Constitution, the people have the lawful means to introduce it, or exclude it as they please, for the reason that slavery cannot exist a day, or an hour, anywhere, unless it is supported by local police regulations. These police regulations can only be established by the local legislature, and if the people are opposed to slavery, they will elect representatives to that body, who will, by unfriendly legislation, effectually prevent the introduction of it into their midst. If, on the contrary, they are for it, their legislation will favor its extension. Hence, no matter what the decision of the Supreme Court may be on that abstract question, still the right of the people to make a slave Territory or a free Territory is perfect and complete under the Nebraska bill.

“3. The third question which Mr. Lincoln presented is, if the Supreme Court of the United States shall decide that a State of this Union cannot exclude slavery from its own limits, will I submit to it? I am amazed that Mr. Lincoln should ask such a question.

“He casts an imputation upon the Supreme Court of the United States by supposing that they would violate the constitution of the United States. I tell him that such a thing is not possible. It would be an act of moral treason that no man on the bench could ever descend to. Mr. Lincoln, himself, would never, in his partisan feelings, so far forget what was right as to be guilty of such an act.

“4. With our natural increase, growing with a rapidity unknown in any other part of the globe, with the tide of emigration that is fleeing from despotism in the old world, to seek refuge in our own, there is a constant torrent pouring into this country that requires more land, more territory upon which to settle, and just as fast as our interests and our destiny require an additional territory in the North, in the South, or on the Island of the Ocean, I am for it, and when we require it, will leave the people, according to the Nebraska bill, free to do as they please on the subject of slavery, and every other question.”

The bitterness of the feelings aroused by the canvass and boldness of Douglas, can both be well shown by a brief abstract from his speech at Freeport. He had persisted in calling the Republicans “_Black_ Republicans,” although the crowd, the great majority of which was there against him, insisted that he should say “_White_ Republican.” In response to these oft repeated demands, he said:—

“Now, there are a great many Black Republicans of you who do not know this thing was done. (“White, white,” and great clamor). I wish to remind you that while Mr. Lincoln was speaking, there was not a Democrat vulgar and blackguard enough to interrupt him. But I now that the shoe is pinching you. I am clinching Lincoln now, and you are scared to death for the result. I have seen this thing before. I have seen men make appointments for discussions and the moment their man has been heard, try to interrupt and prevent a fair hearing of the other side. I have seen your mobs before and defy your wrath. (Tremendous applause.)

“My friends, do not cheer, for I need my whole time.

“I have been put to severe tests. I have stood by my principles in fair weather and in foul, in the sunshine and in the rain. I have defended the great principle of self-government here among you when Northern sentiment ran in a torrent against me, and I have defended that same great principle when Southern sentiment came down like an avalanche upon me. I was not afraid of any test they put to me. I knew I was right—I knew my principles were sound—I knew that the people would see in the end that I had done right, and I knew that the God of Heaven would smile upon me if I was faithful in the performance of my duty.”

As an illustration of the earnestness of Lincoln’s position we need only quote two paragraphs from his speech at Alton:—

“Is slavery wrong? That is the real issue. That is the issue that will continue in this country when these poor tongues of Judge Douglas and myself shall be silent. It is the eternal struggle between these two principles—right and wrong—throughout the world. They are two principles that have stood face to face from the beginning of time; and will ever continue to struggle. The one is the common right of humanity, and the other the divine right of Kings. It is the same principle in whatever shape it develops itself. It is the same spirit that says, ‘you work and toil, and earn bread, and I’ll eat it.’ No matter in what shape it comes, whether from the mouth of a King who seeks to bestride the people of his own nation and life by the fruit of their labor, or from one race of men as an apology for enslaving another race, it is the same tyrannical principle.”

And again:—

“On this subject of treating it as a wrong, and limiting its spread, let me say a word. Has anything ever threatened the existence of this Union save and except this very institution of slavery? What is it that we hold most dear among us? Our own liberty and prosperity. What has ever threatened our liberty and prosperity save and except this institution of slavery? If this is true, how do you propose to improve the condition of things? by enlarging slavery?—by spreading it out and making it bigger? You may have a wen or cancer upon your person and not be able to cut it out, lest you bleed to death; but surely it is no way to cure it, to engraft it and spread it over your whole body. That is no proper way of treating what you regard a wrong. You see this peaceful way of dealing with it as a wrong—restricting the spread of it, and not allowing it to go into new countries where it has not already existed. That is the peaceful way, the old-fashioned way, the way in which the fathers themselves set us the example.”

The administration of Pierce had left that of Buchanan a dangerous legacy. He found the pro-slavery party in Congress temporarily triumphant, it is true, and supported by the action of Congress in rejecting the Topeka constitution and recognizing the territorial government, but he found that that decision was not acceptable either to the majority of the people in the country or to a rapidly rising anti-slavery sentiment in the North. Yet he saw but one course to pursue, and that was to sustain the territorial government, which had issued the call for the Lecompton convention. He was supported in this view by the action of the Supreme Court, which had decided that slavery existed in Kansas under the constitution of the United States, and that the people therein could only relieve themselves of it by the election of delegates who would prohibit it in the constitution to be framed by the Lecompton convention. The Free State men refused to recognize the call, made little, if any, preparation for the election, yet on the last day a number of them voted for State officials and a member of Congress under the Lecompton constitution. This had the effect of suspending hostilities between the parties, yet peace was actually maintained only by the intervention of U. S. troops, under the command of Col. Sumner, who afterwards won distinction in the war of the rebellion. The Free State people stood firmly by their Topeka constitution, and refused to vote on questions affecting delegates to the Lecompton convention. They had no confidence in Governor Walker, the appointee of President Buchanan, and his proclamations passed unheeded. They recognized their own Governor Robinson, who in a message dated December 7th, 1857, explained and defended their position in these words:

“The convention which framed the constitution at Topeka originated with the people of Kansas territory. They have adopted and ratified the same twice by a direct vote, and also indirectly through two elections of State officers and members of the State Legislature. Yet it has pleased the administration to regard the whole proceeding as revolutionary.”

The Lecompton convention, proclaimed by Governor Walker to be lawfully constituted, met for the second time, Sept. 4th, 1857, and proceeded to frame a constitution, and adjourned finally Nov. 7th. A large majority of the delegates, as in the first, were of course pro-slavery, because of the refusal of the anti-slavery men to participate in the election. It refused to submit the whole constitution to the people, it is said, in opposition to the desire of President Buchanan, and part of his Cabinet. It submitted only the question of whether or not slavery should exist in the new State, and this they were required to do under the Kansas-Nebraska act, if indeed they were not required to submit it all. Yet such was the hostility of the pro-slavery men to submission, that it was only by three majority the proposition to submit the main question was adopted—a confession in advance that the result was not likely to favor their side of the controversy. But six weeks’ time was also allowed for preparation, the election being ordered for Dec. 21st, 1857. Still another advantage was taken in the printing of the ballots, as ordered by the convention. The method prescribed was to endorse the ballots, “Constitution with Slavery,” and “Constitution with no Slavery,” thus compelling the voter, however adverse his views, as to other parts of the Constitution, to vote for it as a whole. As a consequence, (at least this was given as one of the reasons) the Free State men as a rule refused to participate in the election, and the result as returned was 6,143 votes in favor of slavery, and 589 against it. The constitution was announced as adopted, an election was ordered on the first Monday of January, 1858, for State officers, members of the Legislature, and a member of Congress. The opponents of the Lecompton constitution did not now refrain from voting, partly because of their desire to secure the representative in Congress, but mainly to secure an opportunity, as advised by their State officers, to vote down the Lecompton constitution. Both parties warmly contested the result, but the Free State men won, and with their general victory secured a large majority in the Legislature.

The ballots of the Free State men were now headed with the words “Against the Lecompton Constitution,” and they returned 10,226 votes against it, to 134 for it with slavery, and 24 for it against slavery. This return was certified by J. W. Denver, “Secretary and Acting Governor,” and its validity was endorsed by Douglas in his report from the Senate Territorial Committee. It was in better accord with his idea of popular sovereignty, as it showed almost twice as large a vote as that cast under the Lecompton plan, the fairness of the return not being disputed, while that of the month previous was disputed.

But their previous refusal to vote on the Lecompton constitution gave their opponents an advantage in position strangely at variance with the wishes of a majority of the people. The President of that convention, J. Calhoun, forwarded the document to the President with an official request that it be submitted to Congress. This was done in a message dated 2d February, 1858, and the President recommended the admission of Kansas under it.

This message occasioned a violent debate in Congress, which continued for three months. It was replete with sectional abuse and bitterness, and nearly all the members of both Houses participated. It finally closed with the passage of the “Act for the admission of the State of Kansas into the Union,” passed May 4th, 1858. This Act had been reported by a committee of conference of both Houses, and was passed in the Senate by 31 to 22, and in the House by 112 to 103. There was a strict party vote in the Senate with the exception of Mr. Douglas, C. E. Stuart of Michigan, and D. C. Broderick of California, who voted with the Republican minority. In the House several anti-Lecompton democrats voted with the Republican minority. These were Messrs. Adrian of New Jersey; Chapman of Pennsylvania; Clark of New York; Cockerill of Ohio; Davis of Indiana; Harris of Illinois; Haskin of New York; Hickman of Pennsylvania; McKibben of California; Marshall of Illinois; Morgan of New York; Morris, Shaw, and Smith of Illinois. The Americans who voted with the Republicans were Crittenden of Kentucky; Davis of Maryland; Marshall of Kentucky; Ricaud of Maryland; Underwood of Kentucky. A number of those previously classed as Anti-Lecompton Democrats voted against their colleagues of the same faction, and consequently against the bill. These were Messrs. Cockerill, Gwesheck, Hall, Lawrence, Pendleton and Cox of Ohio; English and Foley of Indiana; and Jones of Pennsylvania. The Americans who voted against the bill were Kennedy of Maryland; Anderson of Missouri; Eustis of Louisiana; Gilmer of North Carolina; Hill of Georgia; Maynard, Ready and Zollicoffer of Tennessee; and Trippe of Georgia.

Lecompton Constitution.

The following are the political features of the Lecompton constitution:

ARTICLE VII.—_Slavery._

SEC. 1. The right of property is before and higher than any constitutional sanction, and the right of the owner of a slave to such slave and its increase is the same, and as inviolable as the right of the owner of any property whatever.

SEC. 2. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of the owners, or without paying the owners previous to their emancipation a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to the state from bringing with them such persons as are deemed slaves by the laws of any one of the United States or territories, so long as any person of the same age or description shall be continued in slavery by the laws of this state: _Provided_, That such person or slave be the bona fide property of such emigrants: _And provided, also_, That laws may be passed to prohibit the introduction into this state of slaves who have committed high crimes in other states or territories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have power to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to abstain from all injuries to them extending to life or limb, and, in case of their neglect or refusal to comply with the direction of such laws, to have such slave or slaves sold for the benefit of the owner or owners.

SEC. 3. In the prosecution of slaves for crimes of higher grade than petit larceny, the legislature shall have no power to deprive them of an impartial trial by a petit jury.

SEC. 4. Any person who shall maliciously dismember, or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrection of such slave.

_Free Negroes._

_Bill of Rights_, SEC. 23. Free negroes shall not be allowed to live in this state under any circumstances.

ARTICLE VIII.—_Elections and Rights of Suffrage._

SEC. 1. Every male citizen of the United States, above the age of twenty-one years, having resided in this state one year, and in the county, city, or town in which he may offer to vote, three months next preceding any election, shall have the qualifications of an elector, and be entitled to vote at all elections. And every male citizen of the United States, above the age aforesaid, who may be a resident of the state at the time this constitution shall be adopted, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entitled to vote except in the county in which he shall actually reside at the time of the election.

The Topeka Constitution.

The following are the political features of the Topeka constitution:

_Slavery._

_Bill of Rights_, SEC. 6. There shall be no slavery in this state, nor involuntary servitude, unless for the punishment of crime.

_Amendments to the Constitution._

SEC. 1. All propositions for amendments to the constitution shall be made by the General Assembly.

SEC. 2. A concurrence of two-thirds of the members elected to each house shall be necessary, after which such proposed amendments shall be again referred to the legislature elected next succeeding said publication. If passed by the second legislature by a majority of two-thirds of the members elected to each house, such amendments shall be republished as aforesaid, for at least six months prior to the next general election, at which election such proposed amendments shall be submitted to the people for their approval or rejection; and if a majority of the electors voting at such election shall adopt such amendments, the same shall become a part of the constitution.

SEC. 3. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote upon each amendment separately. No convention for the formation of a new constitution shall be called, and no amendment to the constitution shall be, by the general assembly, made before the year 1865, nor more than once in five years thereafter.

_Submission of Constitution to the People._

_Schedule_, SEC. 2. That this constitution shall be submitted to the people of Kansas for ratification on the 15th day of December next. That each qualified elector shall express his assent or dissent to the constitution by voting a written or printed ticket, labelled “Constitution,” or “No Constitution;” which election shall be held by the same judges, and conducted under the same regulations and restrictions as is hereinafter provided for the election of members of the general assembly.

The Douglas Amendment.

The following is the Douglas amendment, which really formed the basis of the bill for admission:

“It being the true intent and meaning of this act not to legislate slavery into any state or territory, 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.”

The bill which passed on the 4th of May was known as the English bill, and it met the approval of Buchanan. To the measure was attached “a fundamental condition precedent,” which arose from the fact that the ordinance of the convention accompanying the constitution claimed for the new State a cession of the public lands six times greater than had been granted to other States, amounting in all to 23,500,000 acres. In lieu of this Congress proposed to submit to a vote of the people a proposition specifying the number of acres and the purposes for which the money arising from their sale were to be used, and the acceptance of this was to be followed by a proclamation that “thereafter, and without further proceedings from Congress the admission of the State of Kansas, into the Union, upon an equal footing with the original States in all respects whatever, shall be complete and absolute.” The condition was never fulfilled, for the people at the election on the 2d of August, 1858, rejected it by a majority of 9,513, and Kansas was not admitted under the Lecompton constitution.

Finally, and after continued agitation, more peaceful, however, than that which characterized the earlier stages of the struggle, the territorial legislature of Kansas called an election for delegates to meet and form a constitution. They assembled in convention at Wyandot, in July, 1859, and reported a constitution prohibiting slavery. This was adopted by a majority exceeding 4000, and under it Kansas was admitted to the Union on the 29th of January, 1861.

The comparative quiet between the rejection of the English proposition and the adoption of the Wyandot constitution, was at one time violently disturbed by a raid made by John Brown at Harper’s Ferry, with a view to excite the slaves to insurrection. This failed, but not before Gov. Wise, of Virginia, had mustered his militia, and called for the aid of United States troops. The more radical anti-slavery men of the North were at first shocked by the audacity of an offense which many looked upon as an act of treason, but the anxiety oi Virginia to hang Brown and all his followers who had been captured alive, changed a feeling of conservatism in the North to one of sympathy for Brown and deeper hatred of slavery. It is but fair to say that it engendered hostility to the Union in the South. The right and wrong of slavery was thereafter more generally discussed than ever. The talent of the South favored it; while, with at least a large measure of truth it can be said that the talent of the North opposed it. So bitter grew the feeling that soon the churches of the sections began to divide, no other political question having ever before disturbed the Union.

We have not pretended to give a complete history of the Kansas trouble either in that State or in Congress, nor yet a full history of the many issues raised on questions which were but subsidiary to the main one of slavery. Our object is to show the relation of the political parties throughout that struggle, for we are dealing with the history of parties from a national view, and not with battles and the minor questions or details of parliamentary struggles. The contest had cemented the Democrats of the South as it had the Republicans of the North; it divided both the Democrats of the North and the Americans in all sections. John Bell, of Tennessee, and Sam Houston of Texas, recognized leaders of the Americans, had shown their sympathy with the new stand taken by Douglas, as early as 1854. Bell, however, was less decided than Houston, and took his position with many qualifications. Houston opposed even the repeal of the Missouri Compromise, and made the last speech against it in the Senate. He closed with these words:

“In the discharge of my duty I have acted fearlessly. The events of the future are left in the hands of a wise Providence, and, in my opinion, on the decision which we make upon this question must depend union or disunion.”

These sentiments were shared by many Americans, and the great majority of them drifted into the Republican party. The Abolitionists from the beginning of the struggle, allied themselves with the Republicans, a few of their leaders proclaiming, however, that this party was not sufficiently advanced in its views.

The Charleston Convention.

Such was the condition of the parties when the Democratic national convention met at Charleston, S. C., on the 23d of April, 1860, it being then the custom of the Democratic party, as it is of all majority parties, to call its convention first. It was composed of delegates from all the thirty-three States of the Union, the whole number of votes being 303. After the example of former Democratic conventions it adopted the two-third rule, and 202 votes were required to make nominations for President and Vice-President. Caleb Cushing, of Mass., presided. From the first a radical difference of opinion was exhibited among the members on the question of slavery in the Territories. Almost the entire Southern and a minority of the Northern portion believed in the Dred Scott decision, and held that slave property was as valid under the constitution as any other class of property. The Douglas delegates stood firmly by the theory of popular sovereignty, and avowed their indifference to the fact whether it would lead to the protection of slave property in the territories or not. On the second day a committee on resolutions consisting of one member from each State, selected by the State delegates, was named, and then a resolution was resolved unanimously “that this convention will not proceed to ballot for a candidate for the Presidency until the platform shall have been adopted.” On the fifth day the committee on resolutions presented majority and minority reports.

After a long discussion on the respective merits of the two reports, they were both, on motion of Mr. Bigler, of Pennsylvania, recommitted to the Committee on Resolutions, with a view, if possible, to promote harmony; but this proved to be impracticable. On the sixth day of the Convention (Saturday, April 28th,) at an evening session, Mr. Avery, of North Carolina, and Mr. Samuels, of Iowa, from the majority and minority of the committee, again made opposite and conflicting report on the question of slavery in the Territories. On this question the committee had divided from the beginning, the one portion embracing the fifteen members from the slaveholding States, with those from California and Oregon, and the other consisting of the members from all the free States east of the Rocky Mountains. On all other questions both reports substantially agreed.

The following is the report of the majority made on this subject by Mr. Avery, of North Carolina, the chairman of the committee: “_Resolved_, That the platform adopted by the Democratic party at Cincinnati be affirmed with the following explanatory resolutions: 1st. That the Government of a Territory, organized by an act of Congress, is provisional and temporary, and during its existence all citizens of the United States have an equal right to settle with their property in the Territory, without their rights, either of person or property, being destroyed or impaired by Congressional or Territorial legislation. 2d. That it is the duty of the Federal Government, in all its departments, to protect, when necessary, the rights of persons and property in the Territories, and wherever else its constitutional authority extends. 3d. That when the settlers in a Territory having an adequate population form a State Constitution, the right of sovereignty commences, and being consummated by admission into the Union, they stand on an equal footing with the people of other States, and the State thus organized ought to be admitted into the Federal Union whether its constitution prohibits or recognizes the institution of slavery.”

The following is the report of the minority, made by Mr. Samuels, of Iowa. After reaffirming the Cincinnati platform by the first resolution, it proceeds: “Inasmuch as differences of opinion exist in the Democratic party, as to the nature and extent of the powers of a Territorial Legislature, and as to the powers and duties of Congress, under the Constitution of the United States, over the institution of slavery within the Territories, _Resolved_, That the Democratic party will abide by the decisions of the Supreme Court of the United States upon questions of constitutional law.”

After some preliminary remarks, Mr. Samuels moved the adoption of the minority report as a substitute for that of the majority. This gave rise to an earnest and excited debate. The difference between the parties was radical and irreconcilable. The South insisted that the Cincinnati platform, whose true construction in regard to slavery in the Territories had always been denied by a portion of the Democratic party, should be explained and settled by an express recognition of the principles decided by the Supreme Court. The North, on the other hand, refused to recognize this decision, and still maintained the power to be inherent in the people of a Territory to deal with the question of slavery according to their own discretion. The vote was then taken, and the minority report was substituted for that of the majority by a vote of one hundred and sixty-five to one hundred and thirty-eight. The delegates from the six New England States, as well as from New York, Ohio, Indiana, Illinois, Michigan, Wisconsin, Iowa, and Minnesota, fourteen free States, cast their entire vote in favor of the minority report. New Jersey and Pennsylvania alone among the free States east of the Rocky Mountains, refused to vote as States, but their delegates voted as individuals.

The means employed to attain this end were skillfully devised by the minority of the Pennsylvania delegation in favor of nominating Mr. Douglas. The entire delegation had, strangely enough, placed this power in their hands, by selecting two of their number, Messrs. Cessna and Wright, to represent the whole on the two most important committees of the Convention—that of organization and that of resolutions. These gentlemen, by adroitness and parliamentary tact, succeeded in abrogating the former practice of casting the vote of the State as a unit. In this manner, whilst New York indorsed with her entire thirty-five votes the peculiar views of Mr. Douglas, notwithstanding there was in her delegation a majority of only five votes in their favor on the question of Territorial sovereignty, the effective strength of Pennsylvania recognizing the judgment of the Supreme Court, was reduced to three votes, this being the majority of fifteen on the one side over twelve on the other.

The question next in order before the Convention was upon the adoption of the second resolution of the minority of the committee, which had been substituted for the report of the majority. On this question Georgia, Louisiana, Alabama, Arkansas, Texas, Florida, and Mississippi refused to vote. Indeed, it soon appeared that on the question of the final adoption of this second resolution, which in fact amounted to nothing, it had scarcely any friends of either party in the Convention. The Douglas party, without explanation or addition, voted against it. On the other hand, the old Democracy could not vote for it without admitting that the Supreme Court had not already placed the right over slave property in the Territories on the same footing with all other property, and therefore they also voted against it. In consequence the resolution was negatived by a vote of only twenty-one in its favor to two hundred and thirty-eight. Had the seven Southern States just mentioned voted, the negatives would have amounted to two hundred and eighty-two, or more than thirteen to one. Thus both the majority and the minority resolutions on the Territorial question were rejected, and nothing remained before the Convention except the Cincinnati platform.

At this stage of the proceedings (April 30th), the States of Louisiana, Alabama, South Carolina, Mississippi, Florida, Texas, and Arkansas, having assigned their reasons for the act, withdrew in succession from the Convention. After these seven States had retired, the delegation from Virginia made an effort to restore harmony. Mr. Russell, their chairman, addressed the Convention and portrayed the alarming nature of the crisis. He expressed his fears that we were on the eve of a revolution, and if this Convention should prove a failure it would be the last National Convention of any party which would ever assemble in the United States. “Virginia,” said he, “stands in the midst of her sister States, in garments red with the blood of her children slain in the first outbreak of the ‘irrepressible conflict.’ But, sir, not when her children fell at midnight beneath the weapon of the assassin, was her heart penetrated with so profound a grief as that which will wring it when she is obliged to choose between a separate destiny with the South, and her common destiny with the entire Republic.”

Mr. Russell was not then prepared to answer, in behalf of his delegation, whether the events of the day (the defeat of the majority report, and the withdrawal of the seven States) were sufficient to justify her in taking the irrevocable step in question. In order, therefore, that they might have time to deliberate, and if they thought proper make an effort to restore harmony in the Convention, he expressed a desire that it might adjourn and afford them an opportunity for consultation. The Convention accordingly adjourned until the next day, Tuesday, May 1st; and immediately after its reassembling the delegation from Georgia, making the eighth State, also withdrew.

In the mean time the Virginia delegation had consulted among themselves, and had conferred with the delegation of the other Southern States which still remained in the Convention, as to the best mode of restoring harmony. In consequence Mr. Howard, of Tennessee, stated to the Convention that “he had a proposition to present in behalf of the delegation from Tennessee, whenever, under parliamentary rules, it would be proper to present it.” In this Tennessee was joined by Kentucky and Virginia. He should propose the following resolution whenever it would be in order: ‘_Resolved_, That the citizens of the United States have an equal right to settle with their property in the Territories of the United States; and that, under the decision of the Supreme Court of the United States, which we recognize as the correct exposition of the Constitution of the United States, neither the rights of person nor property can be destroyed or impaired by Congressional or Territorial legislation.’

On a subsequent day (May 3d), Mr. Russell informed the Convention that this resolution had, “he believed, received the approbation of all the delegations from the Southern States which remained in the Convention, and also received the approbation of the delegation from New York. He was informed there was strength enough to pass it when in order.”