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.”
Mr. Howard, however, in vain attempted to obtain a vote on his resolution. When he moved to take it up on the evening of the day it had been offered, he was met by cries of “Not in order,” “Not in order.” The manifest purpose was to postpone its consideration until the hour should arrive which had been fixed by a previous order of the Convention, in opposition to its first order on the same subject, for the balloting to commence for a Presidential candidate, when it would be too late. This the friends of Mr. Douglas accomplished, and no vote was ever taken upon it either at Charleston or Baltimore.
Before the balloting commenced Mr. Howard succeeded, in the face of strong opposition, with the aid of the thirty-five votes from New York, in obtaining a vote of the Convention in re-affirmance of the two-thirds rule. On his motion they resolved, by 141, to 112 votes, “that the President of the Convention be and he is hereby directed not to declare any person nominated for the office of President or Vice-President, unless he shall have received a number of votes equal to two-thirds of the votes of all the electoral colleges.” It was well known at the time that this resolution rendered the regular nomination of Mr. Douglas impossible.
The balloting then commenced (Tuesday evening, May 1st), on the eighth day of the session. Necessary to a nomination, under the two-thirds rule, 202 votes. On the first ballot Mr. Douglas received 145½ votes; Mr. Hunter, of Virginia, 42; Mr. Guthrie, of Kentucky, 35½; Mr. Johnson, of Tennessee, 12; Mr. Dickinson, of New York, 7; Mr. Lane, of Oregon, 6; Mr. Toucey, of Connecticut, 2½; Mr. Davis, of Mississippi, 1½; and Mr. Pearce, of Maryland, 1 vote.
The voting continued until May 3d, during which there were fifty-four additional ballotings. Mr. Douglas never rose to more than 152½, and ended in 151½ votes, 202 votes being necessary to a nomination.
Until 1824 nominations had been made by Congressional caucus. In these none participated except Senators and Democratic States, and Representatives from Democratic Congressional districts. The simple majority rule governed in these caucuses, because it was morally certain that, composed as they were, no candidate could be selected against the will of the Democratic States on whom his election depended. But when a change was made to National Conventions, it was at once perceived that if a mere majority could nominate, then the delegates from Anti-Democratic States might be mainly instrumental in nominating a candidate for whom they could not give a single electoral vote. Whilst it would have been harsh and inexpedient to exclude these States from the Convention altogether, it would have been unjust to confer on them a controlling power over the nomination. To compromise this difficulty, the two-thirds rule was adopted. Under its operation it would be almost impossible that a candidate could be selected, without the votes of a simple majority of delegates from the Democratic States. This was the argument of its friends.
It had now become manifest that it was impossible to make a nomination at Charleston. The friends of Mr. Douglas adhered to him and would vote for him and him alone, whilst his opponents, apprehending the effect of his principles should he be elected President, were equally determined to vote against his nomination.
In the hope that some compromise might yet be effected, the Convention, on the motion of Mr. Russell, of Virginia, resolved to adjourn to meet at Baltimore on Monday, the 18th June; and it was “respectfully recommended to the Democratic party of the several States, to make provision for supplying all vacancies in their respective delegations to this Convention when it shall reassemble.”
The Convention reassembled at Baltimore on the 18th June, 1860, according to its adjournment, and Mr. Cushing, the President, took the chair.
Immediately after the reorganization of the Convention, Mr. Howard, of Tennessee, offered a resolution, “that the President of this Convention direct the sergeant-at-arms to issue tickets of admission to the delegates of the Convention, as originally constituted and organized at Charleston.” Thus the vitally important question was distinctly presented. It soon, however, became manifest that no such resolution could prevail. In the absence of the delegates who had withdrawn at Charleston, the friends of Mr. Douglas constituted a controlling majority. At the threshold they resisted the admission of the original delegates, and contended that by withdrawing they had irrevocably resigned their seats. In support of this position, they relied upon the language of the resolution adjourning the Convention to Baltimore, which, as we have seen, “recommended to the Democratic party of the several States to make provision for supplying all vacancies in their respective delegations to this Convention, when it shall reassemble.” On the other hand, the advocates of their readmission contended that a simple withdrawal of the delegates was not a final renunciation of their seats, but they were still entitled to reoccupy them, whenever, in their judgment, this course would be best calculated to restore the harmony and promote the success of the Democratic party; that the Convention had no right to interpose between them and the Democracy of their respective States; that being directly responsible to this Democracy, it alone could accept their resignation; that no such resignation had ever been made, and their authority therefore continued in full force, and this, too, with the approbation of their constituents.
In the mean time, after the adjournment from Charleston to Baltimore, the friends of Mr. Douglas, in several of these States, had proceeded to elect delegates to take the place of those who had withdrawn from the Convention. Indeed, it was manifest at the time, and has since been clearly proved by the event, that these delegates represented but a small minority of the party in their respective States. These new delegates, nevertheless, appeared and demanded seats.[[7]]
After a long and ardent debate, the Convention adopted a resolution, offered by Mr. Church, of New York, and modified on motion of Mr. Gilmore, of Pennsylvania, as a substitute for that of Mr. Howard, to refer “the credentials of all persons claiming seats in this Convention, made vacant by the secession of delegates at Charleston, to the Committee on Credentials.” They thus prejudged the question, by deciding that the seats of these delegates had been made and were still vacant. The Committee on Credentials had been originally composed of one delegate from each of the thirty-three States, but the number was now reduced to twenty-five, in consequence of the exclusion of eight of its members from the States of Georgia, Alabama, Mississippi, South Carolina, Texas, Louisiana, Arkansas, and Florida. The committee, therefore, now stood 16 to 9 in favor of the nomination of Mr. Douglas, instead of 17 to 16 against it, according to its original organization.
The committee, through their chairman, Mr. Krum, of Missouri, made their report on the 21st June, and Governor Stevens, of Oregon, at the same time presented a minority report, signed by himself and eight other members.
It is unnecessary to give in detail these conflicting reports. It is sufficient to state that whilst the report of the majority maintained that the delegates, by withdrawing at Charleston, had resigned their seats, and these were still vacant; that of the minority, on the contrary, asserted the right of these delegates to resume their seats in the Convention, by virtue of their original appointment.
On the next day (June 22), the important decision was made between the conflicting reports. Mr. Stevens moved to substitute the minority report for that of the majority, and his motion was rejected by a vote of 100½ to 150. Of course no vote was given from any of the excluded States, except one-half vote from each of the parties in Arkansas.
The resolutions of the majority were then adopted in succession. Among other motions of similar character, a motion had been made by a delegate in the majority to reconsider the vote by which the Convention had adopted the minority report, as a substitute for that of the majority, and to lay his own motion on the table. This is a common mode resorted to, according to parliamentary tactics, of defeating every hope of a reconsideration of the pending question, and rendering the first decision final.
Mr. Cessna with this view called for a vote on laying the motion to reconsider on the table. Should this be negatived, then the question of reconsideration would be open. The President stated the question to be first “on laying on the table the motion to reconsider the vote by which the Convention refused to amend the majority report of the Committee on Credentials by substituting the report of the minority.” On this question New York, for the first time since the meeting at Baltimore, voted with the minority and changed it into a majority. “When New York was called,” says the report of the proceedings, “and responded thirty-five votes” (in the negative) “the response was greeted with loud cheers and applause.” The result of the vote was 113½ to 138½—“so the Convention refused to lay on the table the motion to reconsider the minority report.” The Convention then adjourned until evening, on motion of Mr. Cochrane, of New York, amidst great excitement and confusion.
This vote of New York, appearing to indicate a purpose to harmonize the party by admitting the original delegates from the eight absent States, was not altogether unexpected. Although voting as a unit, it was known that her delegation were greatly divided among themselves. The exact strength of the minority was afterwards stated by Mr. Bartlett, one of its members, in the Breckinridge Convention. He said: “Upon all questions and especially upon the adoption of the majority report on credentials, in which we had a long contest, the line was strictly drawn, and there were thirty on one side and forty on the other.”
The position of New York casting an undivided vote of thirty-five, with Dean Richmond at their head, had been a controlling power from the commencement.
Strong expectations were, therefore, now entertained that after the New York delegation had recorded their vote against a motion which would have killed the minority report beyond hope of revival, they would now follow this up by taking the next step in advance and voting for its reconsideration and adoption. On the evening of the very same day, however, they reversed their course and voted against its reconsideration. They were then cheered by the opposite party from that which had cheered them in the morning. Thus the action of the Convention in favor of the majority report became final and conclusive.
Mr. Cessna, of Pennsylvania, at once moved “that the Convention do now proceed to nominate candidates for President and Vice-President of the United States.”
Mr. Russell rose and stated, “It has become my duty now, by direction of a large majority of the delegation from Virginia, respectfully to inform you and this body, that it is not consistent with their convictions of duty to participate longer in its deliberations.”
Mr. Lander next stated “that it became his duty, as one of the delegates from North Carolina, to say that a very large majority of the delegation from that State were compelled to retire permanently from this Convention, on account, as he conceived, of the unjust course that had been pursued toward some of their fellow-citizens of the South. The South had heretofore relied upon the Northern Democracy to give them the rights which were justly due them; but the vote to-day had satisfied the majority of the North Carolina delegation that these rights were now refused them, and, this being the case, they could no longer remain in the Convention.”
Then followed in succession the withdrawal of the delegations from Tennessee, Kentucky, Maryland, California, Oregon, and Arkansas. The Convention now adjourned at half-past-ten o’clock until the next morning at ten.
Soon after the assembling of the Convention, the President, Mr. Cushing, whilst tendering his thanks to its members for their candid and honorable support in the performance of his duties, stated that notwithstanding the retirement of the delegations of several of the States at Charleston, in his solicitude to maintain the harmony and union of the Democratic party, he had continued in his post of labor. “To that end and in that sense,” said he, “I had the honor to meet you, gentlemen, here at Baltimore. But circumstances have since transpired which compel me to pause. The delegations of a majority of the States have, either in whole or in part, in one form or another, ceased to participate in the deliberations of the Convention. * * * In the present circumstances, I deem it a duty of self-respect, and I deem it still more a duty to this Convention, as at present organized, * * * to resign my seat as President of this Convention, in order to take my place on the floor as a member of the delegation from Massachusetts. * * * I deem this above all a duty which I owe to the members of this Convention, as to whom no longer would my action represent the will of a majority of the Convention.”
Governor Tod, of Ohio, one of the Vice-Presidents, then took the vacant chair, and was greeted with hearty and long-continued cheers and applause from members of the Convention.
Mr. Butler, of Massachusetts, now announced that a portion of the Massachusetts delegation desired to retire, but was interrupted by cries of “No,” “No,” “Call the roll.” Mr. Cessna called for the original question, to wit, that the Convention now proceed to a nomination for President and Vice-President.
The President here ordered the Secretary to call the States. Maine, New Hampshire, and Vermont were called, and they gave an unbroken vote for Stephen A. Douglas. When Massachusetts was called, Mr. Butler rose and said he had a respectful paper in his hand which he would desire the President to have read. A scene of great confusion thereupon ensued, cries of “I object” being heard upon all sides. Mr. Butler, not to be baffled, contended for his right at this stage to make remarks pertinent to the matter, and cited in his support the practice of the Conventions at Baltimore in 1848 and 1852, and at Cincinnati in 1856. He finally prevailed, and was permitted to proceed. He then said he “would now withdraw from the Convention, upon the ground that there had been a withdrawal, in whole or in part, of a majority of the States; and further, which was a matter more personal to himself, he could not sit in a convention where the African slave trade, which was piracy according to the laws of his country, was openly advocated.”
Mr. Butler then retired, followed by General Cushing and four others of the Massachusetts delegation. All of these had voted with the South and against Douglas.
The balloting now proceeded. Mr. Douglas received 173½ votes; Mr. Guthrie 9; Mr. Breckinridge 6½; Mr. Bocock and Mr. Seymour each 1; and Mr. Dickerson and Mr. Wise each half a vote. On the next and last ballot Mr. Douglas received 181½ votes, eight of those in the minority having changed their votes in his favor.
To account for this number, it is proper to state that a few delegates from five of the eight States which had withdrawn still remained in the Convention. On the last ballot Mr. Douglas received all of their votes, to wit: 3 of the 15 votes of Virginia, 1 of the 10 votes of North Carolina, 1½ of the 3 votes of Arkansas, 3 of the 12 votes of Tennessee, 3 of the 12 votes of Kentucky, and 2½ of the 8 votes of Maryland, making in the aggregate 14 votes. To this number may be added the 9 votes of the new delegates from Alabama and the 6 from Louisiana, which had been admitted to the exclusion of the original delegates.
Mr. Douglas was accordingly declared to be the regular nominee of the Democratic party of the Union, upon the motion of Mr. Church, of New York, when, according to the report of the proceedings, “The whole body rose to its feet, hats were waved in the air, and many tossed aloft; shouts, screams, and yells, and every boisterous mode of expressing approbation and unanimity, were resorted to.”
Senator Fitzpatrick, of Alabama, was then unanimously nominated as the candidate for Vice-President; and the Convention adjourned sine die on the 23d June, the sixth and last day of its session. On the same day, but after the adjournment, Mr. Fitzpatrick declined the nomination, and it was immediately conferred on Mr. Herschel V. Johnson, of Georgia, by the Executive Committee. Thus ended the Douglas Convention.
But another Convention assembled at Baltimore on the same 23d June, styling itself the “National Democratic Convention.” It was composed chiefly of the delegates who had just withdrawn from the Douglas Convention, and the original delegates from Alabama and Louisiana. One of their first acts was to abrogate the two-third rule, as had been done by the Douglas Convention. Both acted under the same necessity, because the preservation of this rule would have prevented a nomination by either.
Mr. Cushing was elected and took the chair as President. In his opening address he said: “Gentlemen of the Convention, we assemble here, delegates to the National Democratic Convention, duly accredited thereto from more than twenty States of the Union, for the purpose of nominating candidates of the Democratic party for the offices of President and Vice-President of the United States, for the purpose of announcing the principles of the party, and for the purpose of continuing and re-establishing that party upon the firm foundations of the Constitution, the Union, and the co-equal rights of the several States.”
Mr. Avery, of North Carolina, who had reported the majority resolutions at Charleston, now reported the same from the committee of this body, and they “were adopted unanimously, amid great applause.”
The Convention then proceeded to select their candidates. Mr. Loring, on behalf of the delegates from Massachusetts, who with Mr. Butler had retired from the Douglas Convention, nominated John C. Breckinridge, of Kentucky, which Mr. Dent, representing the Pennsylvania delegation present, “most heartily seconded.” Mr. Ward, from the Alabama delegation, nominated R. M. T. Hunter, of Virginia; Mr. Ewing, from that of Tennessee, nominated Mr. Dickinson, of New York; and Mr. Stevens, from Oregon, nominated General Joseph Lane. Eventually all these names were withdrawn except that of Mr. Breckinridge, and he received the nomination by a unanimous vote. The whole number of votes cast in his favor from twenty States was 103½.
General Lane was unanimously nominated as the candidate for Vice-President. Thus terminated the Breckinridge Convention.