A History of the United States

Nor was the change on the whole unjust. The programme to which the South committed itself after the direction of its policy fell from the hands of Calhoun was one which the North could not fail to resent. It involved the tearing up of all the compromises so elaborately devised and so nicely balanced, and it aimed at making Slavery legal certainly in all the new territories and possibly even in the Free States. It was, indeed, argued that this did not involve any aggravating of the evil of Slavery, if it were an evil. The argument will be found very ingeniously stated in the book which Jefferson Davis subsequently wrote – professedly a history of the Southern Confederacy, really rather an Apologia pro Vita Sua. Davis argues that since the African Slave Trade was prohibited, there could be no increase in the number of slaves save by the ordinary process of propagation. The opening of Kansas to Slavery would not therefore mean that there would be more slaves. It would merely mean that men already and in any case slaves would be living in Kansas instead of in Tennessee; and, it is further suggested, that the taking of a Negro slave from Tennessee, where Slavery was rooted and normal, to Kansas, where it was new and exceptional, would be a positive advantage to him as giving him a much better chance of emancipation. The argument reads plausibly enough, but it is, like so much of Davis's book, out of touch with realities. Plainly it would make all the difference in the world whether the practice of, say, the Catholic religion were permitted only in Lancashire or were lawful throughout England, and that even though there were no conversions, and the same Catholics who had previously lived in Lancashire lived wherever they chose. The former provision would imply that the British Government disapproved of the Catholic religion, and would tolerate it only where it was obliged to do so. The latter would indicate an attitude of indifference towards it. Those who disapproved of Slavery naturally wished it to remain a sectional thing and objected to its being made national. But the primary feeling was that it was the South that had broken the truce. The Northerners had much justification in saying that their opponents, if not the aggressors in the Civil War, were at least the aggressors in the controversy of which the Civil War was the ultimate outcome.

Under the impulse of such feelings a party was formed which, adopting – without, it must be owned, any particular appropriateness – the old Jeffersonian name of "Republican," took the field at the Presidential Election of 1856. Its real leader was Seward of New York, but it was thought that electioneering exigencies would be better served by the selection of Captain Frémont of California, who, as a wandering discoverer and soldier of fortune, could be made a picturesque figure in the public eye. Later, when Frémont was entrusted with high military command he was discovered to be neither capable nor honest, but in 1856 he made as effective a figure as any candidate could have done, and the results were on the whole encouraging to the new party. Buchanan, the Democratic candidate, was elected, but the Republicans showed greater strength in the Northern States than had been anticipated. The Whig Party was at this election finally annihilated.

The Republicans might have done even better had the decision of the Supreme Court on an issue which made clear the full scope of the new Southern claim been known just before instead of just after the election. This decision was the judgment of Roger Taney, whom we have seen at an earlier date as Jackson's Attorney-General and Secretary to the Treasury, in the famous Dred Scott case. Dred Scott was a Negro slave owned by a doctor of Missouri. His master had taken him for a time into the free territory of Minnesota, afterwards bringing him back to his original State. Dred Scott was presumably not in a position to resent either operation, nor is it likely that he desired to do so. Later, however, he was induced to bring an action in the Federal Courts against his master on the ground that by being taken into free territory he had ipso facto ceased to be a slave. Whether he was put up to this by the Anti-Slavery party, or whether – for his voluntary manumission after the case was settled seems to suggest that possibility – the whole case was planned by the Southerners to get a decision of the territorial question in their favour, might be an interesting subject for inquiry. I can express no opinion upon it. The main fact is that Taney, supported by a bare majority of the judges, not only decided for the master, but laid down two important principles. One was that no Negro could be an American citizen or sue in the American courts; the other and more important that the Constitution guaranteed the right of the slave-holder to his slaves in all United States territories, and that Congress had no power to annul this right. The Missouri Compromise was therefore declared invalid.

Much of the Northern outcry against Taney seems to me unjust. He was professedly a judge pronouncing on the law, and in giving his ruling he used language which seems to imply that his ethical judgment, if he had been called upon to give it, would have been quite different. But, though he was a great lawyer as well as a sincere patriot, and though his opinion is therefore entitled to respect, especially from a foreigner ignorant of American law, it is impossible to feel that his decision was not open to criticism on purely legal grounds. It rested upon the assertion that property in slaves was "explicitly recognized" by the Constitution. If this were so it would seem to follow that since under the Constitution a man's property could not be taken from him "without due process of law" he could not without such process lose his slaves. But was it so? It is difficult, for a layman at any rate, to find in the Constitution any such "explicit recognition." The slave is there called a "person" and defined as a "person bound to service or labour" while his master is spoken of as one "to whom such service or labour may be due." This language seems to suggest the relation of creditor and debtor rather than that of owner and owned. At any rate, the Republicans refused to accept the judgment except so far as it determined the individual case of Dred Scott, taking up in regard to Taney's decision the position which, in accordance with Taney's own counsel, Jackson had taken up in regard to the decision which affirmed the constitutionality of a bank.

Douglas impetuously accepted the decision and, forgetting the precedent of his own hero Jackson, denounced all who challenged it as wicked impugners of lawful authority. Yet, in fact, the decision was as fatal to his own policy as to that of the Republicans. It really made "Popular Sovereignty" a farce, for what was the good of leaving the question of Slavery to be settled by the territories when the Supreme Court declared that they could only lawfully settle it one way? This obvious point was not lost upon the acute intelligence of one man, a citizen of Douglas's own State and one of the "moderates" who had joined the Republican Party on the Nebraska issue.

Abraham Lincoln was by birth a Southerner and a native of Kentucky, a fact which he never forgot and of which he was exceedingly proud. After the wandering boyhood of a pioneer and a period of manual labour as a "rail-splitter" he had settled in Illinois, where he had picked up his own education and become a successful lawyer. He had sat in the House of Representatives as a Whig from 1846 to 1848, the period of the Mexican War, during which he had acted with the main body of his party, neither defending the whole of the policy which led to the war nor opposing it to the extent of refusing supplies for its prosecution. He had voted, as he said, for the Wilmot Proviso "as good as fifty times," and had made a moderate proposition in relation to Slavery in the district of Columbia, for which Garrison's Liberator had pilloried him as "the Slave-Hound of Illinois." He had not offered himself for re-election in 1848. Though an opponent of Slavery on principle, he had accepted the Compromise of 1850, including its Fugitive Slave Clauses, as a satisfactory all-round settlement, and was, by his own account, losing interest in politics when the action of Douglas and its consequences called into activity a genius which few, if any, had suspected.

A man like Lincoln cannot be adequately described in the short space available in such a book as this. His externals are well appreciated, his tall figure, his powerful ugliness, his awkward strength, his racy humour, his fits of temperamental melancholy; well appreciated also his firmness, wisdom and patriotism. But if we wish to grasp the peculiar quality which makes him almost unique among great men of action, we shall perhaps find the key in the fact that his favourite private recreation was working out for himself the propositions of Euclid. He had a mind not only peculiarly just but singularly logical, one might really say singularly mathematical. His reasoning is always so good as to make his speeches in contrast to the finest rhetorical oratory a constant delight to those who have something of the same type of mind. In this he had a certain affinity with Jefferson. But while in Jefferson's case the tendency has been to class him, in spite of his great practical achievements, as a mere theorizer, in Lincoln it has been rather to acclaim him as a strong, rough, practical man, and to ignore the lucidity of thought which was the most marked quality of his mind.

He was eminently practical; and he was not less but more practical for realizing the supreme practical importance of first principles. According to his first principles Slavery was wrong. It was wrong because it was inconsistent with the doctrines enunciated in the Declaration of Independence in which he firmly believed. Really good thinking like Lincoln's is necessarily outside time, and therefore he was not at all affected by the mere use and wont which had tended to reconcile so many to Slavery. Yet he was far from being a fanatical Abolitionist. Because Slavery was wrong it did not follow that it should be immediately uprooted. But it did follow that whatever treatment it received should be based on the assumption of its wrongness. An excellent illustration of his attitude of mind will be found in the exact point at which he drew the line. For the merely sentimental opponent of Slavery, the Fugitive Slave Law made a much more moving appeal to the imagination than the extension of Slavery in the territories. Yet Lincoln accepted the Fugitive Slave Law. He supported it because, as he put it, it was "so nominated in the bond." It was part of the terms which the Fathers of the Republic, disapproving of Slavery, had yet made with Slavery. He also, disapproving of Slavery, could honour those terms. But it was otherwise in regard to the territorial controversy. Douglas openly treated Slavery not as an evil difficult to cure, but as a thing merely indifferent. Southern statesmen were beginning to echo Calhoun's definition of it as "a positive good." On the top of this came Taney's decision making the right to own slaves a fundamental part of the birthright of an American citizen. This was much more important than the most drastic Fugitive Slave Law, for it indicated a change in first principles.

This is the true meaning of his famous use of the text "a house divided against itself cannot stand," and his deduction that the Union could not "permanently exist half slave and half free." That it had so existed for eighty years he admitted, but it had so existed, he considered, because the Government had acted on the first principle that Slavery was an evil to be tolerated but curbed, and the public mind had "rested in the belief that it was in process of ultimate extinction." It was now, as it seemed, proposed to abandon that principle and assume it to be good or at least indifferent. If that principle were accepted there was nothing to prevent the institution being introduced not only into the free territories but into the Free States. And indeed the reasoning of Taney's judgment, though not the judgment itself, really seemed to point to such a conclusion.

Lincoln soon became the leader of the Illinois Republicans, and made ready to match himself against Douglas when the "Little Giant" should next seek re-election. Meanwhile a new development of the Kansas affair had split the Democratic Party and ranged Senator Douglas and President Buchanan on opposite sides in an open quarrel. The majority of the population now settled in Kansas was of Northern origin, for the conditions of life in the North were much more favourable to emigration into new lands than those of the slave-owning States. Had a free ballot been taken of the genuine settlers there would certainly have been a large majority against Slavery. But in the scarcely disguised civil war into which the competition for Kansas had developed, the Slave-State party had the support of bands of "border ruffians" from the neighbouring State, who could appear as citizens of Kansas one day and return to their homes in Missouri the next. With such aid that party succeeded in silencing the voices of the Free State men while they held a bogus Convention at Lecompton, consisting largely of men who were not really inhabitants of Kansas at all, adopted a Slave Constitution, and under it applied for admission to the Union. Buchanan, who, though a Northerner, was strongly biassed in favour of the Slavery party, readily accepted this as a bonâ fide application, and recommended Congress to accede to it. Douglas was much better informed as to how things were actually going in Kansas, and he felt that if the Lecompton Constitution were acknowledged his favourite doctrine of Popular Sovereignty would be justly covered with odium and contempt. He therefore set himself against the President, and his personal followers combined with the Republicans to defeat the Lecompton proposition.

The struggle in Illinois thus became for Douglas a struggle for political life or death. At war with the President and with a large section of his party, if he could not keep a grip on his own State his political career was over. Nor did he underrate his Republican opponent; indeed, he seems to have had a keener perception of the great qualities which were hidden under Lincoln's rough and awkward exterior than anyone else at that time exhibited. When he heard of his candidature he looked grave. "He is the strongest man of his party," he said, "and thoroughly honest. It will take us all our time to beat him."

It did. Douglas was victorious, but only narrowly and after a hard-fought contest. The most striking feature of that contest was the series of Lincoln-Douglas debates in which, by an interesting innovation in electioneering, the two candidates for the Senatorship contended face to face in the principal political centres of the State. In reading these debates one is impressed not only with the ability of both combatants, but with their remarkable candour, good temper and even magnanimity. It is very seldom, if ever, that either displays malice or fails in dignity and courtesy to his opponent. When one remembers the white heat of political and sectional rivalry at that time – when one recalls some of Sumner's speeches in the Senate, not to mention the public beating which they brought on him – it must be confessed that the fairness with which the two great Illinois champions fought each other was highly to the honour of both.

Where the controversy turned on practical or legal matters the combatants were not ill-matched, and both scored many telling points. When the general philosophy of government came into the question Lincoln's great superiority in seriousness and clarity of thought was at once apparent. A good example of this will be found in their dispute as to the true meaning of the Declaration of Independence. Douglas denied that the expression "all men" could be meant to include Negroes. It only referred to "British subjects in this continent being equal to British subjects born and residing in Great Britain." Lincoln instantly knocked out his adversary by reading the amended version of the Declaration: "We hold these truths to be self-evident, that all British subjects who were on this Continent eighty-one years ago were created equal to all British subjects born and then residing in Great Britain." This was more than a clever debating point. It was a really crushing exposure of intellectual error. The mere use of the words "truths" and "self-evident" and their patently ridiculous effect in the Douglas version proves conclusively which interpreter was nearest to the mind of Thomas Jefferson. And the sense of his superiority is increased when, seizing his opportunity, he proceeds to offer a commentary on the Declaration in its bearing on the Negro Question so incomparably lucid and rational that Jefferson himself might have penned it.

In the following year an incident occurred which is of some historical importance, not because, as is sometimes vaguely suggested, it did anything whatever towards the emancipation of the slaves, but because it certainly increased, not unnaturally, the anger and alarm of the South. Old John Brown had suspended for a time his programme of murder and mutilation in Kansas and returned to New England, where he approached a number of wealthy men of known Abolitionist sympathies whom he persuaded to provide him with money for the purpose of raising a slave insurrection. That he should have been able to induce men of sanity and repute to support him in so frantic and criminal an enterprise says much for the personal magnetism which by all accounts was characteristic of this extraordinary man. Having obtained his supplies, he collected a band of nineteen men, including his own sons, with which he proposed to make an attack on the Government arsenal at Harper's Ferry in Virginia, which, when captured, he intended to convert into a place of refuge and armament for fugitive slaves and a nucleus for the general Negro rising which he expected his presence to produce. The plan was as mad as its author, yet it is characteristic of a peculiar quality of his madness that he conducted the actual operations not only with amazing audacity but with remarkable skill, and the first part of his programme was successfully carried out. The arsenal was surprised, and its sleeping and insufficient garrison overpowered. Here, however, his success ended. No fugitives joined him, and there was not the faintest sign of a slave rising. In fact, as Lincoln afterwards said, the Negroes, ignorant as they were, seem to have had the sense to see that the thing would come to nothing. As soon as Virginia woke up to what had happened troops were sent to recapture the arsenal. Brown and his men fought bravely, but the issue could not be in doubt. Several of Brown's followers and all his sons were killed. He himself was wounded, captured, brought to trial and very properly hanged – unless we take the view that he should rather have been confined in an asylum. He died with the heroism of a fanatic. Emerson and Longfellow talked some amazing nonsense about him which is frequently quoted. Lincoln talked some excellent sense which is hardly ever quoted. And the Republican party was careful to insert in its platform a vigorous denunciation of his Harper's Ferry exploit.

Both sides now began to prepare for the Presidential Election of 1860. The selection of a Republican candidate was debated at a large and stormy Convention held in Chicago. Seward was the most prominent Republican politician, but he had enemies, and for many reasons it was thought that his adoption would mean the loss of available votes. Chase was the favourite of the Radical wing of the party, but it was feared that the selection of a man who was thought to lean to Abolitionism would alienate the moderates. To secure the West was an important element in the electoral problem, and this, together with the zealous backing of his own State, within whose borders the Convention met, and the fact that he was recognized as a "moderate," probably determined the choice of Lincoln. It does not appear that any of those who chose him knew that they were choosing a great man. Some acute observers had doubtless noted the ability he displayed in his debates with Douglas, but in the main he seems to have been recommended to the Chicago Convention, as afterwards to the country, mainly on the strength of his humble origin, his skill as a rail-splitter, and his alleged ability to bend a poker between his fingers.

While the Republicans were thus choosing their champion, much fiercer quarrels were rending the opposite party, whose Convention met at Charleston. The great majority of the Northern delegates were for choosing Douglas as candidate, and fighting on a programme of "popular sovereignty." But the Southerners would not hear of either candidate or programme. His attitude on the Lecompton business was no longer the only count against Douglas. The excellent controversial strategy of Lincoln had forced from him during the Illinois debates an interpretation of "popular sovereignty" equally offensive to the South. Lincoln had asked him how a territory whose inhabitants desired to exclude Slavery could, if the Dred Scott decision were to be accepted, lawfully exclude it. Douglas had answered that it could for practical purposes exclude it by withholding legislation in its support and adopting "unfriendly legislation" towards it. Lincoln at once pointed out that Douglas was virtually advising a territorial government to nullify a judgment of the Supreme Court. The cry was caught up in the South and was fatal to Douglas's hopes of support from that section.

The Charleston Convention, split into two hostile sections, broke up without a decision. The Douglas men, who were the majority, met at Baltimore, acclaimed him as Democratic candidate and adopted his programme. The dissentients held another Convention at Charleston and adopted Breckinridge with a programme based upon the widest interpretation of the Dred Scott judgment. To add to the multiplicity of voices the rump of the old Whig Party, calling themselves the party of "the Union, the Constitution and the Laws," nominated Everett and Bell.

The split in the Democratic Party helped the Republicans in another than the obvious fashion of giving them the chance of slipping in over the heads of divided opponents. It helped their moral position in the North. It deprived the Democrats of their most effective appeal to Union-loving men – the assertion that their party was national while the Republicans were sectional. For Douglas was now practically as sectional as Lincoln. As little as Lincoln could he command any considerable support south of the Potomac. Moreover, the repudiation of Douglas seemed to many Northerners to prove that the South was arrogant and unreasonable beyond possibility of parley or compromise. The wildest of her protagonists could not pretend that Douglas was a "Black Abolitionist," or that he meditated any assault upon the domestic institutions of the Southern States. If the Southerners could not work with him, with what Northerner, not utterly and unconditionally subservient to them, could they work? It seemed to many that the choice lay between a vigorous protest now and the acceptance of the numerically superior North of a permanently inferior position in the Confederation.

In his last electoral campaign the "Little Giant" put up a plucky fight against his enemies North and South. But he had met his Waterloo. In the whole Union he carried but one State and half of another. The South was almost solid for Breckinridge. The North and West, from New England to California, was as solid for Lincoln. A few border States gave their votes for Everett. But, owing to the now overwhelming numerical superiority of the Free States, the Republicans had in the Electoral College a decided majority over all other parties.

Thus was Abraham Lincoln elected President of the United States. But many who voted for him had hardly recorded their votes before they became a little afraid of the thing they had done. Through the whole continent ran the ominous whisper: "What will the South do?"

And men held their breath, waiting for what was to follow.