The Kansas Struggle.
It was the removal of the interdiction against slavery, in all the territory north of 36° 30′, by the repeal of the Missouri Compromise which gave legality to the struggle for Kansas, and it was the doctrine of popular sovereignty which gave an impartial invitation to both sides to enter the struggle. The aggressive men of both parties hurried emigrants to the Territory. Each accused the other of organized efforts, and soon in the height of the excitement these charges were rather confessed than denied.
A new question was soon evolved by the struggle, for some who entered from the South took their slaves with them. The Free State men now contended that slavery was a local institution and confined to the States where it existed, and that if an emigrant passed into the territory with his slaves these became free. The Southern view was, that slaves were recognized as property by the National Constitution; that therefore their masters had a right to take them there and hold them under constitutional guarantees, the same as any other property; that to assert anything else would be to deny the equality of the States within their common territory, and degrade them from the rank of equals to that of inferiors. This last proposition had such force that it would doubtless have received more general recognition if the North had not felt that the early compact dedicating the territories north of 36° 30′ to freedom, had been violated. In answer to this proposition they therefore proclaimed in their platforms and speeches, and there was no other logical answer, “that freedom was National, and slavery Sectional.”
We cannot enter upon a full description of the scenes in Kansas, but bloodshed and rapine soon followed the attempts of the opposing parties to get control of its government. What were called the “Border Ruffians” by the Free State men, because of active and warlike organization in Missouri and upon its borders, in the earlier parts of the struggle, seemed to have the advantage. They were supported by friends near at hand at all times, and warlike raids were frequent. The Free State men had to depend mainly upon New England for supplies in arms and means, but organizations were in turn rapidly completed to meet their calls, and the struggle soon became in the highest degree critical.
The pro-slavery party sustained the Territorial government appointed by the administration; the anti-slavery party repudiated it, because of its presumed committal to slavery. The election for members of the Territorial legislature had been attended with much violence and fraud, and it was claimed that these things properly annulled any action taken by that body. A distinct and separate convention was called at Topeka to frame a State constitution, and the Free State men likewise elected their own Governor and Legislature to take the place of those appointed by Buchanan, and when the necessary preliminaries were completed, they applied for admission into the Union. After a long and bitter struggle Congress decided the question by refusing to admit Kansas under the Topeka Constitution, and by recognizing the authority of the territorial government. These proceedings took place during the session of 1856–7, which terminated immediately before the inauguration of President Buchanan.
At the beginning of Buchanan’s administration in 1857, the Republicans almost solidly faced the Democrats. There still remained part of the division caused by the American or Know-Nothing party, but its membership in Congress had already been compelled to show at least the tendency of their sentiments on the great question which was now rapidly dividing the two great sections of the Union. The result of the long Congressional struggle over the admission of Kansas and Nebraska was simply this: “That Congress was neither to legislate slavery into any Territory or State, nor to exclude it therefrom; but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States,”[[6]] and it was specially prescribed that when the Territory of Kansas shall be admitted as a State, it shall be admitted into the Union with or without slavery as the constitution adopted should prescribe at the time of admission.
This was, as it proved, but a temporary settlement on the principle of popular sovereignty, and was regarded at the time as a triumph of the views of Stephen A. Douglas by the friends of that great politician. The more radical leaders of the South looked upon it with distrust, but the blood of the more excitable in both sections was rapidly rising toward fever heat, and the border men from the Free and Slave States alike were preparing to act upon a compromise which in effect invited a conflict.
The Presidential election in 1856 had singularly enough encouraged the more aggressive of both sections. Buchanan’s election was a triumph for the South; Fremont’s large vote showed the power of a growing party as yet but partially organized, and crippled by schisms which grew out of the attempt to unite all elements of opposition to the Democrats. The general plan of the latter was now changed into an attempt to unite all of the free-soil elements into a party organization against slavery, and from that time forward until its total abolition slavery was the paramount issue in the minds of the more aggressive men of the north. Lincoln voiced the feelings of the Republicans when he declared in one of his Illinois speeches:—
“We will, hereafter, speak for freedom, and against slavery, as long as the Constitution guaranties free speech; until everywhere, on this wide land, the sun shall shine, and the rain shall fall, and the wind shall blow upon no man who goes forth to unrequited toil.”
In the Congressional battle over the admission of Kansas and Nebraska, Douglas was the most conspicuous figure, and the language which we have quoted from Buchanan’s inaugural was the literal meaning which Douglas had given to his idea of “popular” or “squatter sovereignty.”
Prior to the Kansas struggle the Free Soilers of the North had regarded Douglas as an ally of the South, and his admitted ambition for the Presidency gave color to this suspicion. He it was who reported and carried through Congress the bill for the repeal of the Missouri Compromise, a measure which at that time was thought to obstruct Southern designs in the territories of the great West, but this repeal proved in fact the first plain steps toward the freedom of the territories. Having repealed that compromise, something must take its place, and what better than “popular sovereignty,” thought Douglas. Territories contiguous to the Slave States, or in the same latitude, would thus naturally revert to slavery; while those farther north, and at that time least likely of early settlement, would be dedicated to freedom. There was a grave miscalculation just here. Slave-owners were not apt to change their homesteads, and could not with either profit or convenience carry their property to new lands which might or might not be fruitful in the crops best adapted to slave labor. Slave-owners were few in number compared with the free citizens of the North and the thousands of immigrants annually landing on our shores. People who had once moved from the New England or Middle States westward, were rather fond of it, and many of these swelled the tide which constantly sought homes in the territories; and where these did not go in person their sons and daughters were quite willing to imitate the early adventures of their parents. All these counted for the North under the doctrine of “popular sovereignty,” and it was the failure of that doctrine to aid the South which from this time forward caused that section to mistrust the friendship of Douglas.
No political writer has since questioned his motives, and we doubt if it can be done successfully. His views may have undergone some change since 1850, and it would be singular if they had not; for a mind as discerning as his could hardly fail to note the changes going on all about him, and no where more rapidly than in his own State. He thought his doctrine at least adapted to the time, and he stood by it with rare bravery and ability. If it had been accepted by the Republicans, it would have been fatal to their organization as a party. We doubt the ability of any party to stand long upon any mere compromise, made to suit the exigencies and avoid the dangers of the moment. It may be said that our government, first based on a confederacy and then a constitution, with a system of checks and balances, with a division of power between the people and the States, is but a compromise; but the assertion will not hold good. These things were adopted because of a belief at the time that they were in themselves right, or as nearly right as those who participated in their adoption were given to see the right. There was certainly no attempt at a division of right and wrong, and the closest investigation will show nothing beyond a surrender of power for the good of all, which is in itself the very essence and beginning of government.
We have said that Douglas fought bravely for his idea, and every movement in his most remarkable campaign with Lincoln for the U. S. Senate demonstrated the fact. The times were full of agitation and excitement, and these were increased when it became apparent that Buchanan’s administration would aid the effort to make Kansas a slave State. Douglas was the first to see that the application of administration machinery to his principle, would degrade and rob it of its fairness. He therefore resented Buchanan’s interference, and in turn Buchanan’s friends sought to degrade him by removing him from the chairmanship of the Senate Committee on Territories, the position which had given him marked control over all questions pertaining to the organization of territories and the admission of new States.