The device next showed itself on the passage of the Kansas and Nebraska Bill; and here it became a trick, as appears by open confession of one of the parties to it,—and a trick it has continued ever since. It was proposed to repeal the old Prohibition of Slavery in the Missouri Territory, established as part of the Missouri Compromise. But instead of doing this openly and precisely, by simple words of repeal, language was invented to mystify the whole question. Then appeared that “little stump speech injected in the belly of the bill,” according to Colonel Benton, declaring that the intent was to leave the people “perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.” As in the gray of the morning the fatal bill containing these words passed, General Cass, rising from his seat,—I remember well the scene,—exclaimed, “This is the triumph of Squatter Sovereignty!” The old Prohibition of Slavery was overthrown, and his Nicholson Letter was vindicated.
And now note well the trick. The Slave-Masters who voted for these words rejected with scorn the idea that the handful of squatters could exclude Slavery. According to them, Slavery went with the Constitution, and was beyond the control of squatters. But formal assertion of this dogma would have caused trouble, and it was accordingly disguised in these familiar words,—“subject only to the Constitution of the United States.” Mr. Benjamin, of Louisiana, in a recent speech, lets us behind the scenes. He tells, that, at a caucus of Senators, “both wings of the Democracy agreed that each should maintain its particular theory before the public,—one side sustaining Squatter Sovereignty, and the other Protection to Slavery in the Territories, but pledging themselves to abide by the decision of the Supreme Court, whatever it might be.” Such was the secret conspiracy, concealed for a long time from the public, and only recently revealed. And Mr. Douglas was a party to it.
Had the Popular Sovereignty of Mr. Douglas been a reality and not a sham, had it been a sincere recognition of popular rights instead of a trick to avoid their recognition, he could not have been party to such deception. But how was the fact? While professing Popular Sovereignty, what did his bill really confer upon the people? Not the right to organize their own government, determining for themselves its form and character; for all this was done by Act of Congress. Not the right to choose the Executive; for the Governor and all other officers in this department were sent from Washington, nominated by the President. Not the right to nominate the Judiciary; for the judges were also sent from Washington, nominated by the President. Not even the right completely to constitute the Legislature; for even this body was placed in many important respects beyond the popular control. Thus in each of the three great departments of State, Executive, Judicial, and Legislative, is Popular Sovereignty disowned.
Search the “Congressional Globe” during the Nebraska debate, and you will see with what sincerity Mr. Douglas guarded the much vaunted rights of the people. Mr. Chase moved to allow the people to elect their Governor and other officers. On the vote by ayes and noes, the champion of Popular Sovereignty voted No. Mr. Chase, whose effort to unmask this hypocrisy was indefatigable, made another motion, which put Mr. Douglas still more to the test. After the words of alleged Popular Sovereignty in the bill, he moved to add, “under which the people of the Territory, through their appropriate representatives, may, if they see fit, prohibit the existence of Slavery therein.” Here was a plain proposition. On the vote by ayes and noes, Mr. Douglas and his associates again voted No. His recent excuse, put forth in his single peripatetic speech, is, that the proposition was not in the alternate,—that is, that it gave power only to exclude, and not to admit. But if he really favored it in that form, why not move to amend it by adding the power to admit, instead of voting against the whole proposition? It is clear that such an open and unequivocal declaration was not congenial with the game to be played.
The bill passed, and then came other opportunities to test the sincerity of the present knight-errant of Popular Sovereignty. Under its provisions commenced at once a race of emigration into the new Territories, and there Free Labor and Slave Labor grappled. Lovers of Freedom from the North were encountered by partisans of Slavery from the South, organized by Blue Lodges in Missouri, and incited from every part of the Land of Slavery. The officials of a government established under pretended safeguards of Popular Sovereignty all ranged themselves on the side of Slavery; or, if their allegiance became doubtful,—as in the case of Governor Reeder,—they were dismissed, and more available tools sent instead. I spare details. You cannot forget that winter and spring preceding the Presidential election of 1856, when we were alternately startled and stunned at tidings from Kansas, as a body of strangers from Missouri, entering in hundreds, forcibly seized the polls, and, under pretended forms of law, set up a Usurpation, which by positive legislation proceeded to establish Slavery there, and to surround it with a Code of Death. The atrocity of Philip the Second, when, by violence and through a “Council of Blood,” he sought to fasten the Inquisition upon Holland, was renewed. Invasion, rapine, outrage, arson, rape, murder, the scalping-knife, were the agents now employed; and to crown this prostration of popular rights, Lawrence, home of New England settlers, and microcosm of New England life, was burned to the ground by a company of profane and drunken ruffians stimulated from Washington.
What then was the course of the champion of Popular Sovereignty? Did he thunder and lighten? Did he come forward to defend those settlers, who had gone to Kansas under pretended safeguards of his bill? Oh, no! In the Senate he openly ranged himself on the side of their oppressors, mocked at their calamities, denounced them as “insurgents,” insulted their agents, and told them they must submit,—while the distant Emigrant Aid Society in Massachusetts was made the butt of his most opprobrious assaults. All this I myself witnessed.
Then came another scene, with which, owing to my enforced absence from the Senate, as an invalid, I have less personal familiarity; but it is known to all of you. The Senatorial election in Illinois was at hand, when Mr. Douglas suddenly discovered that Popular Sovereignty was something more than a name. He opposed the Lecompton Constitution; but my distinguished colleague [Mr. Wilson] will tell you that even there he was kept from barefaced apostasy only by the stern will and indomitable principle of the lamented Broderick, the murdered Senator from California.
Then came stump speeches and Senate speeches without number, and a magazine article, all to explain Popular Sovereignty. But this simple principle, which, in the light of the Declaration of Independence, and also in the light of reason, is plain enough, has been so twisted, turned, and befogged, now explained away and then explained back, now enlarged and then limited, now acknowledged and then denied, that I challenge any person to say with certainty in what, according to Mr. Douglas, it really consists.
At one time we find him declaring that “Slavery is the creature of local law, and not of the Constitution of the United States.” Good! Let him follow this to its natural conclusion, and no Republican asks more.