XVIII KANSAS' STRUGGLE FOR FREEDOM
The storm that arose over the Nebraska Act was ominous of the future. Public meetings in New York and other great cities of the North were held, where it and slavery were denounced. The clergyman from the pulpit, the orator from the rostrum, and the great press of the North vehemently denounced the measure. Anti-slavery movements appeared everywhere.
And as Kansas was thrown open to settlement, with Missouri slaveholders already moved and organized to move in and take possession of and dedicate it to slavery under the new doctrine of Popular Sovereignty, emigration at once commenced from the North, encouraged and promoted by aid societies.
Douglas, in the next Congress (March, 1856), as Chairman of the Committee on Territories, made a report on Kansas affairs, condemning the action of the free State people and of the aid societies, referring especially to an imaginary "Emigration Aid Company" of Massachusetts, with a capital of $5,000,000, and in consequence holding their existence justified the Border Ruffians of Missouri. The crack of the rifle was soon to be heard on the plains of Kansas.
The first election in Kansas was held in November, 1854, when, by fraud and violence, Whitfield, a pro-slavery man, was elected delegate to Congress. Non-residents from Missouri cast the majority of votes at this election. Though not of the requisite population, this was regarded as the opportune time for Kansas' admission as a slave State. Douglas in his report so recommended.
The House, the political complexion of which had changed at the recent election, appointed Howard of Michigan, Sherman of Ohio, and Oliver of Missouri a special committee to investigate the Kansas outrages and election frauds.
A majority of this committee, July 1, 1856, reported, showing in a most conclusive way that frauds and outrages had been perpetrated to control the several Kansas elections.
From this report it appeared that in February, 1855, the total population of Kansas was 8501; slaves 242, free negroes 151. A lengthy debate ensued over the report and over Kansas affairs, Wade, Seward, Sumner, and others participating.
Presidents Pierce and Buchanan successively appointed governor after governor of their party—Reeder, Shannon, Geary, Walker, Stanton—all of whom resigned or were removed because they each failed to support or endorse the determined and fraudulent efforts to make Kansas a slave State against the will of the majority of the resident people. Hon. J. W. Denver of Ohio, a sensible, quiet man, was the last of this long line of governors. One of them, Andrew Reeder, who was indicted with others for high treason on the ground of their participation in the organization of a free State government under the Topeka Constitution, for fear of assassination fled the territory in disguise. Robert J. Walker, though himself pro-slavery, firmly refused to participate in forcing the Lecompton Constitution on Kansas, even after President Buchanan, at the demand of his pro-slavery party friends, had decided Kansas should be admitted under it without its submission to a vote of the people. This Constitution was framed at Lecompton by fraudulently elected delegates to a pro-slavery convention, and it provided for perpetual slavery in the State. In Governor Walker's letter of resignation, December 16, 1857, he said:
"I state it as a fact . . . that an overwhelming majority of the people (of Kansas) are opposed to the Lecompton Constitution. . . . but one out of twenty of the press of Kansas sustains it. . . . Any attempt by Congress to force this Constitution upon the people of Kansas will be an effort to substitute the will of a small minority for that of an overwhelming majority of the people."
It is due to Douglas to say that he was opposed to the Lecompton Constitution scheme of admission. He was doubtless disappointed in not having the South rally to his support and nominate him for President in 1856. A more pliant tool of the pro-slavery party from the North was given the preference in the person of Buchanan.
President Buchanan, having early expressed the purpose to support the Lecompton plan, announced this purpose to Douglas, and urged him to co-operate in admitting Kansas as a State under it, which, being refused, terminated their party relations. Douglas did not go far enough. Popular Sovereignty was only recognized by pro- slavery advocates when it insured the success of slavery; and it was now certain to make Kansas a free State if the actual settlers alone were permitted to vote unintimidated and their votes were honestly counted and returned.
On December 9, 1857, Douglas, almost heroically, in opposition to President Buchanan and his administration and the majority of his party in the Senate, denounced the Lecompton scheme, and showed that it was an attempt to foist slavery on Kansas against the will of the people.
The peculiar feature of the Lecompton Constitution was that, while it was submitted to the vote of the people of Kansas, they were required to vote for it or not vote at all. The ballot provided required them to vote "For the Constitution with Slavery," or "For the Constitution without Slavery." Thus the Constitution must be adopted, and necessarily with slavery, as there was no provision for excluding the clauses authorizing it. At an election, where for fraud and violence nothing thitherto had approached it, and by the special feature of ballot-box stuffing (actual settlers generally being driven from the polls when willing to vote), this Constitution was returned adopted by about 6000 majority in favor of slavery.(84)
The Senate, March 23, 1858, passed (33 to 25) a bill to admit Kansas as a State under the Lecompton Constitution, with slavery; but notwithstanding the active efforts of the Administration, the House (120 to 112) so amended the Senate bill as to require it, before the State was admitted, to be voted on by the people, the ballot to be—"For the Constitution" or "Against the Constitution." This amendment the Senate reluctantly concurred in.
On January 4, 1858, according to an act of the Territorial Legislature, a vote was again taken and, notwithstanding many temptations offered in lands, etc., and the desire for statehood, this Constitution was rejected by over 10,000 majority.
February 11, 1859, the Territorial Legislature authorized another convention to form a constitution. Fifty-two delegates were elected, and they met July 5, 1859, at Wyandotte, and on the 27th adjourned after framing a constitution prohibiting slavery, and limiting and establishing the western boundary of Kansas as it now is. This Constitution was ratified at an election held in October following. April 11, 1860, the House of Representatives passed a bill (134 to 73) for the admission of Kansas under this Wyandotte Constitution, but a similar bill failed in the Senate, and both Houses adjourned, still leaving Kansas a Territory.
January 29, 1861, when secession had depleted Congress of many members, Kansas was admitted under the Wyandotte Constitution—a free State.
This last struggle for slavery extension was by no means bloodless. The angry flash of Sharps' rifles was seen on the plains; the Bible and the shot-gun were companions of the free State advocate, and many were the daring deeds of men, and women, too, to save fair Kansas to liberty. John Brown (Osawatomie) here first became famous for his zeal in the cause of freedom; and it is said he did not fail to retaliate, blood for blood, man for man.
Douglas, who, by his "Popular Sovereignty" invention, brought on the contest over Kansas which came so near making it slave, lived to see his new doctrine fail in practice, but first to be cast down by the Supreme Court, as we shall presently see.
Douglas, however, cannot, in justice to him, be thus carelessly dismissed. After being defeated in the previous election, he held his great opponent's hat when the latter was inaugurated President, and gave him warm assurance of support in maintaining the Union, personally and by speech and votes in Congress; and, on the war breaking out, in April, 1861, he proclaimed to the people, from the political rostrum, that "there are now only two parties in this country: patriots and traitors." He appealed to his past party friends to stand by the Union and fight for its integrity, come what might. But he, too, did not live to see the triumph of freedom and of his country. He died June 3, 1861.
It is believed by many that if slavery had been forced upon California and into the New Mexico and Nebraska Territories four more slave States would soon have been admitted from Texas (as the act of annexation provided), and that thus the slave power having secured such domination in the Union as was desired and expected by its leaders, there would have been no secession,—no rebellion, but, instead, slavery would have become national.
But with California free and Kansas free, all hope of further extending slavery in the United States was forever gone.
Had Kansas even become slave, what then?
The final contest in Kansas was augmented and intensified by a national event partly passed over.
During the Kansas struggle the excitement of debate in Congress rose to its zenith, surpassing any other period.
The North had been bullied into a frenzy over the demands of those desiring the extension of slavery. The anti-slavery members of Congress met this in many instances by sober, candid discussion, but in others by sharp invective, dealt out by superior learning and consummate skill in the use of the English language.
Charles Sumner of Massachusetts was a profound student and scholar, and an inveterate hater of slavery and all that was incident to it.
On May 19 and 20, 1856, he pronounced his famous philippic against slavery and its supporters. Regarding the opening of the Kansas- Nebraska Territory to the influx of slavery, and the evident purpose of the Administration to dedicate it to slavery, he poured out warning invectives against all who in any way favored the new policy of opening this Territory to the chance of coming into the Union as slave States. Mr. Sumner's remarks were personal in the extreme, only justified by the general dictatorial and bullying attitude of some Southern Senators. A mere extract here would do him and the occasion injustice. Senators Cass and Douglas, on the floor of the Senate, resented this speech of Sumner.
On the 22nd of May, two days after the speech, at the close of a session of the Senate, while Sumner was seated at his desk in the Senate chamber writing, he was approached by Preston Brooks, a member of the House from South Carolina, who accosted him: "I have read your speech twice over carefully. It is a libel on South Carolina and Mr. Butler, who is a relative of mine," and he forthwith assaulted Mr. Sumner by blows on the head with a gutta-percha cane one inch in diameter at the larger end. The blows were repeated, the cane broken, and Brooks still continued to strike with the broken parts of it. Sumner, thus taken by surprise, and being severely injured, could not defend himself, and soon, after vain efforts to protect himself, fell prostrate to the floor, covered with his own blood. He was severely injured, and though he lived for many years, he never wholly recovered from the injuries. He died March 11, 1874.
This outrage did much to precipitate events and to intensify hostility to slavery. Southern Senators and Representatives assumed to justify the assault.(85)
The House did not expel Brooks, as the requisite two thirds vote was not obtained. He resigned, and was re-elected by his district, six votes only being cast against him, but he died in January, 1857. Butler, of South Carolina, the alleged immediate cause of Brooks' assault on Sumner, died in the same year.
The whole North looked upon the personal assault upon Sumner as not only brutal, but as intended to be notice to other Senators and members of Congress of a common design and plan to intimidate the friends of freedom. The assault was largely justified throughout the South, also by leading Southern statesmen in both branches of Congress.(86)
Remarks on the manner of Brooks' assault in the House made by Burlingame of Massachusetts led to a challenge from Brooks, which was accepted, the duel to be fought near the Clifton House, Canada; but Brooks declined to fight at the place named, alleging a fear to go there through the enraged North.
Brooks also, for remarks in the Senate characterizing the assault, challenged Henry Wilson of Massachusetts, but the latter declined the challenge because he "regarded duelling as the lingering relic of a barbarous civilization, which the law of the country has branded as a crime."(86)
So threatening, then, was the attitude of the Southern members of both Senate and House that Senators Wade of Ohio, Chandler of Michigan, and Cameron of Pennsylvania made a compact to resent any insult from a Southerner by a challenge to fight.(87)
A last attempt was made in Buchanan's administration, pending the Kansas agitation, to buy and annex Cuba in the interest of the slave power. It was then a province of Spain. Buchanan was both dull and perverse in obeying the demands of his party, especially on the slavery issue. In his Annual Message of 1858 he expressed satisfaction that the Kansas question no longer gave the country trouble. He also expressed gratitude to "Almighty Providence" that it no longer threatened the peace of the country, and congratulated himself over his course in relation to the Lecompton policy, saying, "it afforded him heartfelt satisfaction." He, in the same message, set forth his anxiety to acquire Cuba, assigning as a reason that it was "the only spot in the civilized world where the African slave trade is tolerated."
Cuba was wanted simply to make more slave States to extend the waning slave power, and thus to offset the incoming new free States, which then seemed to the observing as inevitable.
Buchanan suggested that circumstances might arise where the law of self-preservation might call on us to acquire Cuba by force, thus affirming the policy set forth in the Ostend Manifesto, prepared and signed by Mason, Soulé, and himself four years earlier.
Slidell of Louisiana, from the Committee on Foreign Affairs of the
Senate, promptly reported a bill appropriating $30,000,000 to be
used by the President to obtain Cuba; and it soon transpired that
Southern Senators were willing to make the sum $120,000,000.
The introduction of the bill caused a sensation in Spain, and her Cortes voted at once to support her King in maintaining the integrity of the Spanish dominions.
A most violent debate ensued in Congress, reopening afresh the slavery question.
The bill was antagonized by the friends of a homestead bill—"A question of homes; of lands for the landless freemen." The friends of the latter bill denominated the Cuba bill a "question of slaves for the slaveholders."
Toombs of Georgia, ever a fire-eater, save in war,(88) vehemently denounced the opponents of the Cuba appropriation and the friends of "lands for the landless" as the "shivering in the wind of men of particular localities." This brought to his feet Senator Wade of Ohio, impetuous to meet attacks from all quarters, who exclaimed:
"I am very glad this question has at length come up. I am glad, too, it has antagonized with the nigger question. We are 'shivering in the wind,' are we, sir, over your Cuba question? You may have occasion to shiver on that question before you are through with it. The question will be, shall we give niggers to the niggerless, or land to the landless, etc. . . . When you come to niggers to the niggerless, all other questions sink into perfect insignificance."(89)
Although a majority of the Senate seemed to favor the bill, Mr. Slidell withdrew it after much discussion, declaring it was then impracticable to press it to a final vote.
The once famous Ostend Manifesto, dated October 18, 1854, was a remarkable document, prepared and signed by Pierre Soulé, John Y. Mason, and James Buchanan, then Ministers, respectively, to Spain, France, and England, at a conference held at Ostend and Aix-la- Chapelle, France. It assumed to offer $120,000,000 for Cuba, and, if this were refused, it announced that it was the duty of the United States to apply the "great law" of "self-preservation" and take Cuba in "disregard of the censures of the world." The further excuse stated in the Manifesto was that "Cuba was in danger of being Africanized and become a second St. Domingo."
The real purpose, however, was to acquire it, and then admit it into the Union as two or more slave States.
Buchanan, as Secretary of State under Polk, had offered $100,000,000 for Cuba. His efforts to obtain Cuba secured for him the support of the South for President in 1856.
There was no special instance of acquiring or attempting to acquire territory by the United States authorities to dedicate to freedom.
Cuba is still Spanish (though not slave) (90) and just now in the throes of insurrection, and the Congress of the United States has just voted (April, 1896) to grant the Cuban Provisional Government belligerent rights.(91)
(84) From one election, held in 1857 at Oxford, Kansas, a roll was returned on which 1624 persons' names appeared which had been copied in alphabetical order from a Cincinnati directory. These persons were reported as voting with the anti-slavery party.
(85) Keitt of South Carolina and Edmundson of Virginia stood by during the assault, in a menacing manner, to protect Brooks from assistance that might come to Sumner.
(86) Life of Sumner (Lesten), pp. 250, etc.
(87) Appleton's Cyclop. Am. Biography, vol. vi., p. 311.
(88) Manassas to Appotmattox (Longstreet), pp. 113, 161.
(89) In 1862 the first homestead bill became a law, under which, by July 30, 1878, homesteads were granted to the number of 384,848; in area, 61,575,680 acres, or 96,212 square miles; greater in extent by 7000 square miles than England, Wales, and Scotland.
(90) In 1870 the Spanish Government enacted a law emancipating all slaves in Cuba over sixty years of age, and declaring all free who were born after the enactment. In 1886 but 25,000 slaves remained, and these were emancipated en masse by a decree of the Spanish Cortes. The last vestige of slavery (the patronato system) was swept away by a royal decree dated October 7, 1886.
(91) But see Service in Spanish War, Appendix A.