The Life of Stephen A. Douglas

by William Gardner

Chapter XV. The Debates with Lincoln Continued.

The second debate was held at Freeport on August 27th. Lincoln opened his speech with a series of answers to the questions asked at Ottawa.

"I do not," he said, * * * "stand in favor of the unconditional repeal of the Fugitive Slave law. * * *

"I do not * * * stand pledged against the admission of any more slave States into the Union. * * * *

"I do not stand pledged against the admission of a new State. * * * with such a Constitutions as the people * * * may see fit to make. * * *

"I do not stand pledged to the abolition of slavery in the District of Columbia. * * *

"I'm impliedly, if not expressly, pledged to a belief in the right and duty of Congress to prohibit slavery in all the United States Territories. * * *

"I am not opposed to the honest acquisition of territory. * * * 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."

The questions asked and answered were, whether he was PLEDGED to any of these things. He was willing, however, to state what he really thought of them.

"I do not hesitate to say that * * * under the Constitution of the United States the people of the Southern States are entitled to a Congressional Fugitive Slave Law. * * * The existing Fugitive Slave Law should have been so framed as to be free from some of the objections that pertain to it without lessening its efficiency. * * * * In regard to the admission of any more slave States into the Union, I state to you frankly that I would be exceedingly sorry ever to be put in a position of having to pass upon that question. I should be exceedingly glad to know that there would never be another slave State admitted into the Union; but I must add that, if slavery be kept out of the Territories during their territorial existence, * * * * and then the people shall * * * adopt a slave Constitution, * * * I see no alternative but to admit them into the Union. * * * I should not be in favor of abolishing slavery in the District of Columbia, unless upon the condition that abolition should be gradual; that it should be on the vote of a majority of the qualified voters of the District; and that compensation be made to unwilling owners. * * * What I am saying here I suppose I say to a vast audience as strongly tending to Abolitionism as any audience in the State of Illinois, and I believe I am saying that which, if it would be offensive to any persons and render them enemies to myself, would be offensive to persons in this audience." He then asked Douglas four questions:

1st. "If the people of Kansas shall * * * adopt a State Constitution and ask admission * * * * before they have the requisite number of inhabitants under the English bill, * * * will you vote to admit them?

2nd. "Can the people of a * * * Territory in any lawful way, against the wish of any citizen, * * * exclude slavery from its limits prior to the formation of a State Constitution?

3rd. "If the Supreme Court * * * * 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?

4th. "Are you in favor of acquiring additional territory in disregard of how such action may affect the Nation on the slavery question?

When the Nebraska bill was introduced, he continued, it was declared the intent and meaning of the act not to legislate slavery into any State or Territory or to exclude it therefrom, but to leave the people perfectly free to regulate their own domestic institutions in their own way. Chase of Ohio introduced an amendment expressly declaring that the people of a Territory should have the power to exclude slavery if they saw fit. Douglas and those who agreed with him, voted it down. A little later the Supreme Court decided that a territorial legislature had no right to exclude slavery.

"For men who did intend that the people of the Territory should have the right to exclude slavery * * * * the voting down of Chase's amendment is wholly inexplicable. It is a puzzle, a riddle. But * * * with men who did look forward to such a decision * * * * the voting down of that amendment would be perfectly rational and intelligible. It would keep Congress from coming into collision with the decision when it was made. * * * If there was an intention or expectation that such a decision was to follow, it would not be very desirable for the Democratic Supreme Court to decide one way when the party in Congress had decided the other. Hence it would be very rational for men expecting such a decision to keep the niche in that law clear for it. * * * It looks to me as though here was the reason why Chase's amendment was voted down. * * * If it was done for a different reason, * * * he knows what that reason was and can tell us what it was. * * * It will be vastly more satisfactory to the country for him to give some other intelligible, plausible reason why it was voted down than to stand upon his dignity and call people liars."

Cass, it was said, on behalf of the Democrats in the Senate, proposed to Chase that he so change his amendment as to provide that the people of a Territory should have power either to introduce or exclude slavery, and they would accept it. Chase, having conscientious scruples on the question of slavery, declined to do this and his amendment was voted down. But it was quite possible for them to have accepted Chase's amendment, forbidden by the Senate rule, but an amendment to the amended bill, which was permitted.

Douglas, in his reply, with admirable readiness, addressed himself to Lincoln's four questions. "In reference to Kansas," he said, "it is my opinion that, as she has population enough to constitute a slave State, she has people enough for a free State. * * * The next question is, 'Can the people of a Territory * * * exclude slavery prior to the formation of a State Constitution?' * * * In my opinion they can. * * * It matters not in 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."

This bill provided that the legislative power of the Territory should extend to all rightful subjects of legislation. It made no exception as to slavery, but gave full power to introduce or exclude it. What more could Chase's amendment do? Chase offered it for the purpose of having it rejected. He expected it to be capital for small politicians, and he was not mistaken. He was amazed that Lincoln should ask his third question. He had denounced in the Senate an article in the Washington Union claiming that any provision in the laws or Constitutions of the free States excluding slavery was in conflict with the Constitution of the United States. Senator Toombs, on behalf of the South, had utterly repudiated the doctrine. The question cast an imputation upon the Supreme Court. Such a decision was not possible. It would be an act of moral treason that no man on the bench could ever descend to.

"As to Lincoln's fourth question," he said: "I answer, that whenever it becomes necessary in our growth and progress to acquire more territory, I am in favor of it without reference to the question of slavery; and when we have acquired it I would leave the people free to do as they please, either to make it slave or free territory as they preferred. * * * I tell you, increase, multiply and expand is the law of this Nation's existence. * * * Just as fast as our interests and our destiny require additional territory in the North, in the South or on the islands of the ocean, I am for it; and, when we acquire it, will leave the people * * * free to do as they please on the question of slavery and every other question."

At all the Republican Congressional Conventions held in Illinois in 1854, the resolutions adopted declared that the continued aggressions of slavery were destructive of the best rights of a free people and must be resisted by the united political action of all good men; Kansas and Nebraska must be made free Territories, the Fugitive Slave Law repealed, slavery restricted to the States in which it then existed, no more slave States admitted, slavery excluded from the Territories and no more Territories acquired unless slavery therein were prohibited; and no man must be supported for office unless positively pledged to support these principles.

"Yet Lincoln denies that he stands on this platform and declares that he would not like to be placed in a position where he would have to vote for these things. * * * I do not think there is much danger of his being placed in such a position. * * * I propose, out of mere kindness, to relieve him from any such necessity."

When the legislature elected in 1854 came to choose between Lincoln and Trumbull for Senator, before a ballot was taken, Lovejoy, the Abolitionist introduced resolutions declaring that slavery must be excluded from all the territory then owned or thereafter acquired by the United States; that no more slave States should be admitted and that the Fugitive Slave Law should be unconditionally repealed. On the following day every man who had voted for these resolutions, with two exceptions, voted for Lincoln. Members so voting were all pledged to vote for no man who was not pledged to support their platform. "Either Lincoln was committed to these propositions, or your members violated their faith. Take either horn of the dilemma you choose. There is no dodging the question; I want Lincoln's answer. He is altogether undecided on these grave questions and does not know what to think or do. If elected Senator he will have to decide. Do not put him in a position that would embarrass him so much. He does not know whether he would vote for the admission of more slave States, yet he has declared his belief that this Union cannot endure with slave States in it. I do not think that the people of Illinois desire a man to represent them who would like to be put to the test on the performance of a high constitutional duty.

"I will retire in shame from the Senate of the United States when I am not willing to be put to the test in the performance of my duty. I have been put to severe tests. I have stood by my principles in fair weather and foul, in the sunshine and in the rain. I have defended the great principles of self-government here among you when Northern sentiment ran in a torrent against me, and I have defended that same great principle when Southern sentiment came down like an avalanche upon me. I was not afraid of any test they put me to. I knew my principles were right; I knew my principles were sound; I knew that the people would see in the end hat I had done right and I knew that the God of heaven would smile upon me if I was faithful in the performance of my duty. * * *

At the time the Nebraska bill was introduced, Lincoln says there was a conspiracy between the Judges of the Supreme Court, President Pierce, President Buchanan and myself, that bill and the decision of the court to break down the barriers and establish slavery all over the Union. * * *

"Mr. Buchanan was at that time in England and did not return for a year or more after. That fact proves the charge to be false as against him. * * * The Dred Scott case was not then before the Supreme Court at all; * * * * and the Judges in all probability knew nothing of it. * * * * As to President Pierce, his high character as a man of integrity and honor is enough to vindicate him from such a charge; and as to myself I pronounce the charge an infamous lie whenever and wherever made and by whomsoever made."

Lincoln closed the debate. As to the discrepancy between the various Republican resolutions adopted in local conventions in 1854 and the views stated in his opening speech, he said that at the beginning of the Nebraska agitation a new era in American politics began.

"In our opposition to that measure we did not agree with one another in everything. * * * * These meetings which the Judge has alluded to and the resolutions he has read from were local. * * * We at last met together in 1856 from all parts of the State and agreed upon a common platform. * * * We agreed then upon a platform for the party throughout the entire State and now we are all bound to that platform. * * * If any one expects that I will do anything not signified by our Republican platform and my answers here to-day, I will tell you very frankly that person will be deceived. I do not ask for the vote of anyone who supposes that I have secret purposes or pledges that I dare not speak out. * * * Douglas says if I should vote for the admission of a slave State I would be voting for the dissolution of the Union, because I hold that the Union cannot permanently exist half slave and half free. * * * It does not at all follow that the admission of a single slave State will permanently fix the character and establish this as a universal slave Nation."

In March, 1856, Douglas, speaking in the Senate upon an article published, apparently by authority, in the Washington Union, the organ of the Administration, charged a conspiracy between the President, his cabinet and the Lecompton Convention to establish the proposition that all State laws and Constitutions, which prohibited the citizens of one State from settling in another with their slave property, were violations of the Constitution of the United States. He declared that a fatal blow was being struck at the sovereignty of the States. Charges of conspiracy were not entirely unheard of when the one was made at Springfield so sharply condemned by Douglas.

"But his eye is farther South now than it was last March. His hope then rested on the idea of visiting the great black Republican party and making it the tail of his new kite. He was then expected from day to day to turn Republican and place himself at the head of our organization. He has found that these despised black Republicans estimate him, by a standard which he has taught them, none to well. Hence he is crawling back into the old camp and you will find him eventually installed in full fellowship among those whom he was then battling and with whom he still pretends to be at such fearful variance."

There is an interesting and well authenticated tradition, perhaps too strongly established to be questioned, that Lincoln's second interrogatory was designed as a snare for Douglas and that he was forced by it to proclaim his unfortunate doctrine of unfriendly legislation, which gave such deep offense to the South. It is related on the highest authority that on the night before the Freeport debate, "Lincoln was catching a few hours' rest at a railroad center named Mendota, to which place the converging trains brought, after midnight, a number of excited Republican leaders on their way to attend the great meeting at the neighboring town of Freeport. * * * * Lincoln's bedroom was invaded by an improvised caucus, and the ominous question was once more brought under consideration. The whole drift of advice ran against putting the interrogatory (number two) to Douglas, but Lincoln persisted in his determination to force him to answer it. Finally his friends in a chorus cried: 'If you do, you can never be Senator.'

"'Gentlemen,' replied Lincoln, 'I am killing larger game. If Douglas answers, he can never be President, and the battle of 1860 is worth a hundred of this.'"

Whatever may be the truth as to the Mendota conference, it is unjust to Douglas to say that he was surprised by the question, or that his answer was a mere extemporized feat of ingenuity to meet an embarrassing exigency. Long before this and on many occasions he had announced his opinion that the people of a Territory could by unfriendly legislation, in defiance of the Constitution, the Supreme Court and Congress, effectually prevent slavery among themselves. It was one of his most deliberately formed, openly avowed and widely known opinions. It is incredible that Lincoln and his advisors were in doubt how he would answer the question. Whatever may be our view of the soundness of his doctrine, it is not just to the ablest debater and foremost statesman of the time to say that he was taken by surprise and driven into a corner by a question which, as he was taken by surprise and driven into a corner by a question which, as he said then, he had answered a hundred times from every stump in Illinois.

The third debate was held at Jonesboro, near the southern boundary of the State, on September 15th.

Douglas, in his opening speech, stated anew his now familiar argument that the Republican party was sectional, threatening to disrupt the Union by its slavery agitation, while the Democratic party was national, with a wholesome creed, alike applicable in all latitudes. Lincoln and Trumbull had conspired to abolitinize the old parties and secure seats in the Senate. Lincoln's doctrine of the house divided against itself was examined and the implied threat emphasized that Southern institutions must be overthrown and a dead level of uniformity reached in order that the Government should stand. The finality of the Dred Scott decision and the exclusion of negroes from the Declaration of Independence were insisted on. Much of the speech was devoted to the local and transient questions of Illinois politics.

Lincoln, replying to the charge that the slavery agitation was the result of the aggressive attitude of Northern Abolitionists, again insisted that the propagandists of slavery were the aggressors, having attempted to change it from a local and declining institution and spread it through all the Territories, removing it "from the basis on which the fathers left it to the basis of its perpetuation and nationalization." The agitation began with the repeal of the Missouri Compromise.

"Who," he asked, "did that? Why, when we had peace under the
Missouri Compromise, could you not have left it alone?"

He quoted Douglas' speech in the Senate on June 9th, 1856, in which he had declared that "whether the people could exclude slavery prior to the formation of a Constitution or not, was a question to be decided by the Supreme Court. * * * * When he says, after the Supreme Court has decided the question, that the people may yet exclude slavery by any means whatever, he does virtually say that it is not a question for the Supreme Court. * * * the proposition that slavery cannot enter a new country without police regulations is historically false. * * * Slavery was originally planted upon this continent without these police regulations. * * * How came the Dred Scott decision to be made? It was made upon the case of a negro being taken and actually held in slavery in Minnesota Territory, claiming his freedom because the act of Congress prohibited his being so held there. Will the Judge pretend that Dred Scott was not held there without police regulations? * * * * This shows that there is vigor enough in slavery to plant itself in a new country, even against unfriendly legislation. It takes not only law, but the enforcement of the law, to keep it out. This is the history of this country upon the subject. * * * The first thing a Senator does is swear to support the Constitution of the United States. Suppose a Senator believes, as Douglas does, that the Constitution guarantees the right to hold slaves in a Territory. How can he clear his oath unless he supports such legislation as is necessary to enable the people to enjoy their property? Can you, if you swear to support the Constitution, and believe that the Constitution establishes a right, clear your oath without giving it support? * * * * There can be nothing in the words, 'support the Constitution,' if you may run counter to it by refusing to support it. * * * * And what I say here will hod with still more force against the Judge's doctrine of unfriendly legislation. * * * Is not Congress itself bound to give legislative support to any right that is established in the United States Constitution? A Member of Congress swears to support the Constitution * * * and if he sees a right established by that Constitution which needs specific legislative protection, can he clear his oath without giving that protection. * * * If I acknowledge * * * that this (Dred Scott) decision properly construes the Constitution, I cannot conceive that I would be less than a perjured man if I should refuse in Congress to give such protection to that property as in its nature is needed."

He then stated his fifth interrogatory: If slave-holding citizens of the United States Territory should need and demand congressional legislation for the protection of their slave property in such Territory, would you as a Member of Congress, vote for or against such legislation?

Douglas in his reply took up Lincoln's rather evasive answer to his second interrogatory submitted at Ottawa. "Lincoln," he said, "would be exceedingly sorry to be put in a position where he would have to vote on the question of the admission of slave States. Why is he a candidate for the Senate if he would be sorry to be put in that position? * * * * If Congress keeps out slavery by law while it is a Territory and then the people should have a fair chance and should adopt slavery, he supposes he would have to admit the State. Suppose Congress should not keep slavery out during their territorial existence, then how would he vote when the people applied for admission with a slave Constitution? That he does not answer; and that is the condition of every Territory we have now got. His answer only applies to a given case which he knows does not exist in any Territory. But Mr. Lincoln does not want to be held responsible for the black Republican doctrine of no more slave States. Why are men running for Congress in the northern Distracts and taking that Abolition platform for their guide when Mr. Lincoln does not want to be held to it down here in Egypt? His party in the northern part of the State hold to that Abolition platform, and if they do not in the south, they present the extra-ordinary spectacle of 'a house divided against itself' and hence 'cannot stand.'"

In answer to Lincoln's last question, he said: "It is a fundamental article of the Democratic creed that there should be non-interference or non-intervention of Congress with slavery in the States or Territories. The Democratic party have always stood by that great principle and I stand on that platform now. * * * * Lincoln himself will not answer this question. * * * It is true * * * (he admits) that under the decision of the Supreme Court, it is the duty of a man to vote for a slave code in the Territories. If he believed in that decision he would be a perjured man if he did not give the vote. I want to know whether he is not bound to a decision which is contrary to his opinions just as much as to one in accordance with his opinions? * * * Is every man in this land allowed to resist decisions he does not like and only support those which meet his approval? * * * * It is the fundamental principle of the judiciary that its decisions are final. * * * * My doctrine is that, even taking Mr. Lincoln's view that the decision recognizes the right of a man to carry his slaves into the Territories, yet after he gets them there he needs affirmative law to make that right of any value. The same doctrine applies to all other kinds of property.

"Suppose one of your merchants should move to Kansas and open a liquor store; he has a right to take groceries or liquor there; but the circumstances under which they shall be sold and all the remedies must be prescribed by local legislation; and if that is unfriendly it will drive him out just as effectually as if there was a constitutional provision against the sale of liquor. Hence, I assert, that under the Dred Scott decision you cannot maintain slavery a day in a Territory where there is an unwilling people and unfriendly legislation. If the people want slavery they will have it, and if they do not want it you cannot force it upon them."

Neither Lincoln nor Douglas could as yet fairly and fearlessly grapple with the great problem. Lincoln's virtual rejection and defiance of the decision of the Supreme Court suggests not reform but revolution. These dark hints that the decisions of the highest tribunal should not be accepted or obeyed, that they were binding only on those who believed in them, portended nothing less than war. Slavery being an established institution, recognized by the Constitution and regulated by law, had the right to exist. Lincoln and his party abhorred it and resented the injustice of the law. Obeying the dominant instinct of the race, the scrupulously observed the form of the law while waging war upon it. On the other hand it is impossible to find either legal or philosophical foundation for Douglas' arguments. Slavery had been adjudged lawful in all the Territories. The proposition gravely argued by him, that the people could lawfully exclude a thing from a place where it had a lawful right to be, was monstrous. He sternly rebuked Lincoln for his irreverence in refusing to cordially accept the Dred Scott decision and in the next breath, with shocking inconsistency, dissolved its entire force in the menstruum of unfriendly legislation. The decision was utterly repugnant to the people of the State. The both viewed it as a political rather than a philosophic problem. Both rejected it and the consequences flowing from it. Lincoln quibbled when asked to accept it as a rule governing his political conduct. Douglas, by a cunning device, sought to destroy its force as a rule of private right. Lincoln insisted on the essential dishonesty of the juggling trick by which Douglas got rid of the adjudicated law. Douglas insisted on the anarchic spirit with which Lincoln bade defiance to it.

It would be tedious to follow the debates through in detail. Necessarily the later arguments were mainly a repetition of those made in the earlier speeches. Thee was a marked falling off in the good temper and mutual courtesy of the combatants in the later stages of the contest. The abiding question to which the argument constantly recurred was that of negro slavery, as to which Lincoln was darkly oracular and Douglas was resolutely evasive. Lincoln again and again pressed Douglas to say whether he regarded slavery as wrong. Douglas persistently declined the question on the pleat that it was one wholly foreign to national politics. Each State had a right to decide for itself; and that right had been delegated to the Territories by the Compromise act of 1850 and again by the Kansas-Nebraska act of 1854.

"I look forward," he said, "to a time when each State shall be allowed to do as it pleases. If it chooses to keep slavery forever, it is not my business, but its own; if it chooses to abolish slavery, it is its own business, not mine. I care more for the great principle of self-government, the right of the people to rule, then I do for all the negroes in Christendom. I would not endanger the perpetuity of this Union, I would not blot out the great inalienable rights of the white man, for all the negroes that ever existed."

Lincoln persistently pressed his argument: "When Douglas says he don't care whether slaver is voted up or voted down, he can thus argue logically if he don't see anything wrong in it; but he cannot say so logically if he admits that slavery is wrong. He cannot say that the would as soon see a wrong voted up as voted down. When he says that slave property and horse and hog property are alike to be allowed to go into the Territories upon the principle of equality, he is reasoning truly if there is no difference between them and property; but if the one is property held rightfully and the other is wrong, then there is no equality between the right and the wrong. * * * That is the real issue. That is the issue that will continue in this country when these poor tongues of Judge Douglas and myself shall be silent. It is the eternal struggle between these two principles that have stood face to face from the beginning of time and will ever continue to struggle. The one is the common right of humanity and the other the divine right of kings. It is the same principle in whatever shape it develops. It is the same spirit that says, 'you work and toil and earn bread, and I'll eat it.' No matter in what shape it comes, whether from the mouth of a king who seeks to bestride the people of his own nation and live by the fruit of their labor or from one race of men as an apology for enslaving another race, it is the same tyrannical principle."

In the Quincy debate, and again in the last debate at Alton, Douglas, with great skill, took up the attack made upon him by the Buchanan Administration because of his alleged heresies on the Kansas question. The Washington Union in an editorial had condemned his Freeport declaration that the people could by their unfriendly attitude exclude slavery from a Territory. It argued that his plan was to exclude it by means of his device of popular sovereignty and declared that he was not a sound Democrat and had not been since 1850. He quoted from Buchanan's letter accepting the nomination, in which he warmly applauded those "principles as ancient as free government itself * * * in accordance with which * * * * the people of a Territory, like those of a State, shall decide for themselves whether slavery shall or shall not exist within their limits."

He also quoted in vindication of the soundness of his Democracy a speech of Jefferson Davis declaring that, if the inhabitants of a Territory should refuse to enact laws to protect and encourage slavery, the insecurity would be so great that the owner could not hold his slaves.

"Therefore," said Davis, "though the right would remain, the remedy being withheld, it would follow that the owner would be practically debarred from taking slave property into a Territory when the sense of its inhabitants was opposed to its introduction."

These latter arguments were addressed to the Administration Democrats, who, however, proved a quite unimportant factor in the campaign. They were an utter negation politically. Were it an academic problem, much could be said in their defense. In a time of stormy passion, they were passionless. In a time of fanatical convictions and intolerant opinions, they were coldly neutral, appealing with impotent pride to the traditions and precedents of the past.

The election was held on the 2nd of November. The Republicans elected their State ticket by a popularity of nearly 4,000, but lost the legislature. When that body met Douglas was again chose Senator.