Abraham Lincoln, a History — Volume 02 · Chapter 11Table of Contents Vol. II (10)
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When Lincoln had finished his opening speech in the Freeport debate, and Douglas in his reply came to interrogatory number two, which Lincoln had propounded, he answered as follows:
Lincoln-Douglas Debates, p. 95.
The next question propounded to me by Mr. Lincoln is, Can the people of a Territory in any lawful way, against the wish of any citizen of the United States, exclude slavery from their limits, prior to the formation of a State constitution? I answer emphatically, as Mr. Lincoln has heard me answer a hundred times from every stump in Illinois, that in my opinion the people of a Territory can, by lawful means, exclude slavery from their limits, prior to the formation of a State constitution. Mr. Lincoln knew that I had answered that question over and over again. He heard me argue the Nebraska bill on that principle all over the State in 1854, in 1855, and in 1856, and he has no excuse for pretending to be in doubt as to my position on that question. 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. Those 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. I hope Mr. Lincoln deems my answer satisfactory on that point.
The remarkable theory here proposed was immediately taken up and exhaustively discussed by the leading newspapers in all parts of the Union, and thereby became definitely known under the terms "unfriendly legislation" and "Freeport doctrine." Mr. Lincoln effectually disposed of it in the following fashion in the joint debate at Alton:
Lincoln-Douglas Debates, pp. 234-5.
I understand I have ten minutes yet. I will employ it in saying something about this argument Judge Douglas uses, while he sustains the Dred Scott decision, that the people of the Territories can still somehow exclude slavery. The first thing I ask attention to is the fact that Judge Douglas constantly said, before the decision, that whether they could or not, was a question for the Supreme Court. But after the court has made the decision he virtually says it is not a question for the Supreme Court, but for the people. And how is it he tells us they can exclude it? He said it needs "police regulations," and that admits of "unfriendly legislation." Although it is a right established by the Constitution of the United States to take a slave into a Territory of the United States and hold him as property, yet unless the Territorial Legislature will give friendly legislation, and, more especially, if they adopt unfriendly legislation, they can practically exclude him. Now, without meeting this proposition as a matter of fact, I pass to consider the real constitutional obligation. Let me take the gentleman who looks me in the face before me, and let us suppose that he is a member of the Territorial Legislature. The first thing he will do will be to swear that he will support the Constitution of the United States. His neighbor by his side in the Territory has slaves and needs Territorial legislation to enable him to enjoy that constitutional right. Can he withhold the legislation which his neighbor needs for the enjoyment of a right which is fixed in his favor in the Constitution of the United States, which he has sworn to support? Can he withhold it without violating his oath? and more especially, can he pass unfriendly legislation to violate his oath? Why this is a monstrous sort of talk about the Constitution of the United States! There has never been as outlandish or lawless a doctrine from the mouth of any respectable man on earth. I do not believe it is a constitutional right to hold slaves in a Territory of the United States. I believe the decision was improperly made, and I go for reversing it. Judge Douglas is furious against those who go for reversing a decision. But he is for legislating it out of all force, while the law itself stands. I repeat that there has never been so monstrous a doctrine uttered from the mouth of a respectable man.
The announcement and subsequent defense by Douglas of his "Freeport doctrine" proved, as Lincoln had predicted, something more important than a mere campaign incident. It was the turning-point in Douglas's political fortunes. With the whole South, and with a few prominent politicians of the North, it served to put him outside the pale of party fellowship. Compared with this his Lecompton revolt had been a venial offense. In that case he had merely contended for the machinery of a fair popular vote. This was the avowal of a principle as obnoxious to the slavery propaganda as the unqualified abolitionism of Giddings and Lovejoy. Henceforth all hope of reconciliation, atonement, or chance of Presidential nomination by the united Democratic party was out of the question. Before this, newspaper zealots had indeed denounced him for his Lecompton recusancy as a traitor and renegade, and the Administration had endeavored to secure his defeat; now, however, in addition, the party high-priests put him under solemn ban of excommunication. How they felt and from what motives they acted is stated with singular force and frankness in a Senate speech, soon after the Charleston Convention, by Senator Judah P. Benjamin, of Louisiana, one of the ablest and most persistent of the conspirators to nationalize slavery, and who, not long after, was one of the principal actors in the great rebellion:
Up to the years 1857 and 1858 no man in this nation had a higher or more exalted opinion of the character, the services, and the political integrity of the Senator from Illinois [Douglas] than I had.... Sir, it has been with reluctance and sorrow that I have been obliged to pluck down my idol from his place on high, and to refuse to him any more support or confidence as a member of the party. I have done so, I trust, upon no light or unworthy ground. I have not done so alone. The causes that have operated on me have operated on the Democratic party of the United States, and have operated an effect which the whole future life of the Senator will be utterly unable to obliterate. It is impossible that confidence thus lost can be restored. On what ground has that confidence been forfeited, and why is it that we now refuse him our support and fellowship? I have stated our reasons to-day. I have appealed to the record. I have not followed him back in the false issue or the feigned traverse that he makes in relation to matters that are not now in contest between him and the Democratic party. The question is not what we all said or believed in 1850 or in 1856. How idle was it to search ancient precedents and accumulate old quotations from what Senators may have at different times said in relation to their principles and views. The precise point, the direct arraignment, the plain and explicit allegation made against the Senator from Illinois is not touched by him in all of his speech.
Benjamin, Senate Speech, May 22, 1860. Pamphlet.
We accuse him for this, to wit: that having bargained with us upon a point upon which we were at issue, that it should be considered a judicial point; that he would abide the decision; that he would act under the decision, and consider it a doctrine of the party; that having said that to us here in the Senate, he went home, and under the stress of a local election, his knees gave way; his whole person trembled. His adversary stood upon principle and was beaten; and lo! he is the candidate of a mighty party for the Presidency of the United States. The Senator from Illinois faltered. He got the prize for which he faltered; but lo! the grand prize of his ambition to-day slips from his grasp because of his faltering in his former contest, and his success in the canvass for the Senate, purchased for an ignoble price, has cost him the loss of the Presidency of the United States.
1858.
The Senatorial canvass in Illinois came to a close with the election on the 2d of November and resulted in a victory for Douglas. The Republicans, on their State ticket, polled 125,430 votes; the Douglas Democrats, 121,609; the Buchanan Democrats, 5071. By this plurality the Republican State officers were chosen. But in respect to members of the Legislature the case stood differently, and when in the following January the Senatorial election took place in joint session of the two Houses, Douglas received the vote of every Democrat, 54 members, and Lincoln the vote of every Republican, 46 members, whereupon Douglas was declared elected Senator of the United States for six years from the 4th of March, 1859.
The main cause of Lincoln's defeat was the unfairness of the existing apportionment, which was based upon the census of 1850. A fair apportionment, based on the changes of population which had occurred, would have given northern Illinois a larger representation; and it was there the Republicans had recruited their principal strength in the recent transformation of parties. The Republicans estimated that this circumstance caused them a loss of six to ten members.
Lincoln, Cincinnati Speech, Sept. 17, 1859. Debates, p. 263.
But the unusual political combinations also had a large influence on the result. Lincoln, in an Ohio speech made in the following year, addressing himself to Kentuckians, thus summarized the political forces that contributed to his defeat: "Douglas had three or four very distinguished men of the most extreme anti-slavery views of any men in the Republican party expressing their desire for his reëlection to the Senate last year. That would of itself have seemed to be a little wonderful, but that wonder is heightened when we see that Wise, of Virginia, a man exactly opposed to them, a man who believes in the divine right of slavery, was also expressing his desire that Douglas should be reëlected; that another man that may be said to be kindred to Wise, Mr. Breckinridge, the Vice-President, and of your own State, was also agreeing with the anti-slavery men in the North, that Douglas ought to be reëlected. Still to heighten the wonder, a Senator from Kentucky, whom I have always loved with an affection as tender and endearing as I have ever loved any man, who was opposed to the anti-slavery men for reasons which seemed sufficient to him and equally opposed to Wise and Breckinridge, was writing letters to Illinois to secure the reëlection of Douglas. Now that all these conflicting elements should be brought, while at daggers' points with one another, to support him, is a feat that is worthy for you to note and consider. It is quite probable that each of these classes of men thought, by the reëlection of Douglas, their peculiar views would gain something; it is probable that the anti-slavery men thought their views would gain something; that Wise and Breckinridge thought so too, as regards their opinions; that Mr. Crittenden thought that his views would gain something although he was opposed to both these other men. It is probable that each and all of them thought they were using Douglas, and it is yet an unsolved problem whether he was not using them all."
After a hundred consecutive days of excitement, of intense mental strain, and of unremitting bodily exertion, after speech-making and parades, music and bonfires, it must be something of a trial to face at once the mortification of defeat, the weariness of intellectual and physical reaction, and the dull commonplace of daily routine. Letters written at this period show that under these conditions Mr. Lincoln remained composed, patient, and hopeful. Two weeks after election he wrote thus to Mr. Judd, a member of the Legislature and Chairman of the Republican State Central Committee: "I have the pleasure to inform you that I am convalescing and hoping these lines may find you in the same improving state of health. Doubtless you have suspected for some time that I entertain a personal wish for a term in the United States Senate; and had the suspicion taken the shape of the direct charge I think I could not have truthfully denied it. But let the past as nothing be. For the future my view is that the fight must go on. The returns here are not yet complete, but it is believed that Dougherty's vote will be slightly greater than Miller's majority over Fondey. We have some 120,000 clear Republican votes. That pile is worth keeping together. It will elect a State ticket two years hence."
Lincoln to Judd, Nov. 15, 1858.
"In that day I shall fight in the ranks, but shall be in no one's way for any of the places. I am especially for Trumbull's reëlection; and, by the way, this brings me to the principal object of this letter. Can you not take your draft of an apportionment bill and carefully revise it till it shall be strictly and obviously just in all particulars, and then by an early and persistent effort get enough of the enemies' men to enable you to pass it? I believe if you and Peck make a job of it, begin early and work earnestly and quietly, you can succeed in it. Unless something be done, Trumbull is inevitably beaten two years hence. Take this into serious consideration."
Ibid., Nov. 16, 1858.
On the following day he received from Mr. Judd a letter informing him that the funds subscribed for the State Central Committee did not suffice to pay all the election bills, and asking his help to raise additional contributions. To this appeal Lincoln replied: "Yours of the 15th is just received. I wrote you the same day. As to the pecuniary matter, I am willing to pay according to my ability, but I am the poorest hand living to get others to pay. I have been on expenses so long without earning anything that I am absolutely without money now for even household purposes. Still, if you can put in $250 for me towards discharging the debt of the committee, I will allow it when you and I settle the private matter between us. This, with what I have already paid, and with an outstanding note of mine, will exceed my subscription of $500. This, too, is exclusive of my ordinary expenses during the campaign, all which being added to my loss of time and business, bears pretty heavily upon one no better off in world's goods than I; but as I had the post of honor, it is not for me to be over-nice. You are feeling badly—'And this too shall pass away.' Never fear."
Lincoln to Dr. Henry, Nov. 19, 1858. MS.
The sting of personal defeat is painful to most men, and doubtless it was so to Lincoln. Yet he regarded the passing struggle as something more than a mere scramble for office, and drew from it the consolation which all earnest workers feel in the consciousness of a task well done. Thus he wrote to a friend on November 19: "You doubtless have seen ere this the result of the election here. Of course I wished, but I did not much expect, a better result.... I am glad I made the late race. It gave me a hearing on the great and durable question of the age, which I could have had in no other way; and though I now sink out of view, and shall be forgotten, I believe I have made some marks which will tell for the cause of civil liberty long after I am gone."
Lincoln to Asbury, November 19, 1858.
To these one other letter may be added, showing his never-failing faith in the political future. To a personal friend in Quincy, Illinois, who had watched the campaign with unusual attention, Lincoln wrote that same day: "Yours of the 13th was received some days ago. The fight must go on. The cause of civil liberty must not be surrendered at the end of one or even one hundred defeats. Douglas had the ingenuity to be supported in the late contest, both as the best means to break down and to uphold the slave interest. No ingenuity can keep these antagonistic elements in harmony long. Another explosion will soon come."
1858.
Douglas was also greatly exhausted by the wearing labors of the campaign; but he had the notable triumph of an assured reëlection to the Senate and the congratulations of his enthusiastic friends to sustain and refresh him. Being an indefatigable worker, he was already organizing a new and more ambitious effort. Three weeks after election he started on a brief tour to the Southern States, making speeches at Memphis and New Orleans, of which further mention will be made in the next chapter. Perhaps he deemed it wise not to proceed immediately to Washington, where Congress convened on the first Monday of December, and thus to avoid a direct continuance of his battle with the Buchanan Administration. If so, the device proved ineffectual. The President and his partisans were determined to put the author of the "Freeport doctrine" under public ban, and to that end, when Congress organized, one of the first acts of the Senate majority was to depose Douglas from his place as chairman of the Committee on Territories, which he had held in that body for eleven years.
[1] A local nickname by which the southern or pro-slavery portion of Illinois was familiarly known.
[2] DOUGLAS'S QUESTIONS AND LINCOLN'S ANSWERS.
"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 that 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 that 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 the 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 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 accordingly as I might think such acquisition would or would not aggravate the slavery question among ourselves."—Lincoln-Douglas Debates, p. 88.
[3] LINCOLN'S QUESTIONS.
"Question 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 93,000,—will you vote to admit them?
Q. 2. Can the people of a 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?
Q. 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?
Q. 4. Are you in favor of acquiring additional territory, in disregard of how such acquisition may affect the nation on the slavery question?"—Lincoln-Douglas Debates, p. 90.
CHAPTER X LINCOLN'S OHIO SPEECHES
When Lincoln, in opening the Senatorial campaign of Illinois, declared that the Republican cause must be intrusted to its own undoubted friends "who do care for the result," he displayed a much better understanding of the character and aims of his opponent than those who, not so well informed, desired the adoption of a different course. Had the wishes of Greeley and others prevailed, had Douglas been adopted by the Illinois Republicans, the party would have found itself in a fatal dilemma, No sooner was the campaign closed than Douglas, having entered on his tour through the South, began making speeches, apparently designed to pave his way to a nomination for President by the next Democratic National Convention. Realizing that he had lost ground by his anti-Lecomptonism, and especially by his Freeport doctrine, and having felt in the late campaign the hostility of the Buchanan Administration, he now sought to recover prestige by publishing more advanced opinions indirectly sustaining and defending slavery.
Hitherto he had declared he did not care whether slavery was voted down or voted up. He had said he would not argue the question whether slavery was right or wrong. He had adopted Taney's assertion that the negro had no share in the Declaration of Independence. He had asserted that uniformity was impossible, but that freedom and slavery might abide together forever. But now that the election was over and a new term in the Senate secure, he was ready to conciliate pro-slavery opinion with stronger expressions. Hence, in a speech at Memphis, he cunningly linked together in argument unfriendly legislation, slavery, and annexation. He said: "Whenever a Territory has a climate, soil, and production making it the interest of the inhabitants to encourage slave property, they will pass a slave code."
Wherever these preclude the possibility of slavery being profitable, they will not permit it. On the sugar plantations of Louisiana it was not a question between the white man and the negro, but between the negro and the crocodile. He would say that between the negro and the crocodile, he took the side of the negro; but between the negro and the white man, he would go for the white man. The Almighty has drawn the line on this continent, on the one side of which the soil must be cultivated by slave labor; on the other by white labor. That line did not run on 36º and 30' [the Missouri Compromise line], for 36º and 30' runs over mountains and through valleys. But this slave line, he said, meanders in the sugar-fields and plantations of the South, and the people living in their different localities and in the Territories must determine for themselves whether their "middle bed" is best adapted to slavery or free labor.
Douglas, Memphis Speech, Nov. 29, 1858. Memphis "Eagle and Enquirer."
Referring to annexation, he said our destiny had forced us to acquire Florida, Louisiana, Texas, New Mexico, and California. "We have now territory enough, but how long will it be enough? One hive is enough for one swarm of bees, but a new swarm comes next year and a new hive is wanted." Men may say we shall never want anything more of Mexico, but the time would come when we would be compelled to take more. Central America was half-way to California and on the direct road. The time will come when our destiny, our institutions, our safety will compel us to have it. "So it is," concluded he, "with the island of Cuba.... It is a matter of no consequence whether we want it or not; we are compelled to take it, and we can't help it".
Douglas, New Orleans Speech, Dec. 6, 1858. Pamphlet.
When Douglas reached New Orleans he substantially repeated these declarations in another long speech, and, as if he had not yet placed himself in entire harmony with Southern opinion, he added a sentiment almost as remarkable as the "mudsill" theory of Hammond, or the later "cornerstone" doctrine of Stephens: "It is a law of humanity," said he, "a law of civilization, that whenever a man or a race of men show themselves incapable of managing their own affairs, they must consent to be governed by those who are capable of performing the duty. It is on this principle that you establish those institutions of charity for the support of the blind, or the deaf and dumb, or the insane. In accordance with this principle, I assert that the negro race, under all circumstances, at all times, and in all countries, has shown itself incapable of self-government."
Douglas, Baltimore Speech, Jan. 5, 1859. Pamphlet.
Once more, in a speech at Baltimore, Douglas repeated in substance what he had said at Memphis and New Orleans, and then in the beginning of January, 1859, he reached Washington and took his seat in the Senate. Here he began to comprehend the action of the Democratic caucus in deposing him from the chairmanship of the Committee on Territories. His personal influence and prestige among the Southern leaders were gone. Neither his revived zeal for annexation, nor his advanced views on the necessity for slave labor, restored his good-fellowship with the extremists. Although, pursuant to a recommendation in the annual message, a measure was then pending in the Senate to place thirty millions in the hands of President Buchanan with which to negotiate for Cuba, the attitude of the pro-slavery faction was not one of conciliation, but of unrelenting opposition to him.
Brown, Senate Speech, Feb. 28, 1859. "Globe," pp. 1241 et seq.
Towards the close of the short session this feeling broke out in an open demonstration. On February 23, while an item of the appropriation bill was under debate, Senator Brown, of Mississippi, said he wanted the success of the Democratic party in 1860 to be a success of principles and not of men. He neither wanted to cheat nor be cheated. Under the decision of the Supreme Court the South would demand protection for slavery in the Territories. If he understood the Senator from Illinois, Mr. Douglas, he thought a Territorial Legislature might by non-action or by unfriendly action rightfully exclude slavery. He dissented from him, and now he would like to know from other Senators from the North what they would do: "If the Territorial Legislature refuses to act, will you act? If it pass unfriendly acts, will you pass friendly? If it pass laws hostile to slavery, will you annul them and substitute laws favoring slavery in their stead?... I would rather," concluded he "see the Democratic party sunk, never to be resurrected, than to see it successful only that one portion of it might practice a fraud on another."
Brown, Senate Speech, Feb. 28, 1859. "Globe," pp. 1246-7.
Douglas met the issue, and defended his Freeport doctrine without flinching. The Democracy of the North hold, said he, that "if you repudiate the doctrine of non-intervention, and form a slave code by act of Congress, where the people of a Territory refuse it, you must step off the Democratic platform. I tell you, gentlemen of the South, in all candor, I do not believe a Democratic candidate can ever carry any one Democratic State of the North on the platform that it is the duty of the Federal Government to force the people of a Territory to have slavery when they do not want it."
The discussion extended itself to other Senators; Jefferson Davis, of Mississippi, Clay, of Alabama, Mason, of Virginia, and Gwin, of California, seconded the demands and arguments of Brown; while Pugh, of Ohio, Broderick, of California, and Stuart, of Michigan, came to the help and defense of Douglas and non-intervention. Several Republicans drifted into the debate on behalf of the position and principles of their party, which of course differed from those of both Brown and Douglas. The discussion was continued to a late hour, and finally came to an end through mere lapse of time, but not until an irreparable schism in the Democratic party had been opened.
Douglas to Dorr, June 22, 1859. Baltimore "Sun," June 24, 1859.
Silence upon so vital an issue could not long be maintained. In the following June, an Iowa friend wrote to Douglas to inquire whether he would be a candidate for the Presidential nomination at the coming Charleston Convention. Douglas replied that party issues must first be defined. If the Democracy adhered to their former principles, his friends would be at liberty to present his name. "If, on the contrary," continued he, "it shall become the policy of the Democratic party, which I cannot anticipate, to repudiate these their time-honored principles, on which we have achieved so many patriotic triumphs, and in lieu of them the convention shall interpolate into the creed of the party such new issues as the revival of the African slave-trade, or a Congressional slave-code for the Territories, or the doctrine that the Constitution of the United States either establishes or prohibits slavery in the Territories beyond the power of the people legally to control it, as other property—it is due to candor to say that, in such an event, I could not accept the nomination if tendered to me."