"Let me ask you, why force this constitution down the throats of the people of Kansas, in opposition to their wishes and in violation of our pledges. What great object is to be attained? Cui bono? What are you to gain by it! Will you sustain the party by violating its principles? Do you propose to keep the party united by forcing a division? Stand by the doctrine that leaves the people perfectly free to form and regulate their institutions for themselves, in their own way, and your party will be united and irresistible in power. Abandon that great principle, and the party is not worth saving, and cannot be saved after it shall be violated. I trust we are not to be rushed upon this question. Why shall it be done? Who is to be benefited? Is the South to be the gainer? Is the North to be the gainer? Neither the North nor the South has the right to gain a sectional advantage by trickery or fraud.
"But I am beseeched to wait until I hear from the election, on the 21st of December. I am told that perhaps that will put it all right, and will save the whole difficulty. How can it? Perhaps there may be a large vote. There may be a large vote returned. But I deny that it is possible to have a fair vote on the slavery clause; and I say that it is not possible to have any vote on the constitution. Why wait for the mockery of an election, when it is provided, unalterably, that the people cannot vote when the majority are disfranchised?
"But I am told on all sides, 'Oh, just wait; the pro-slavery clause will be voted down.' That does not obviate any of my objections; it does not diminish any of them. You have no more right to force a free-State constitution on Kansas than a slave-State constitution. If Kansas wants a slave-State constitution, she has a right to it; if she wants a free-State constitution she has a right to it. It is none of my business which way the slavery clause is decided. I care not whether it is voted down or voted up. Do you suppose, after the pledge of my honor that I would go for that principle, and leave the people to vote as they chose, that I would now degrade myself by voting one way if the slavery clause be voted down, and another way if it be voted up? I care not how that vote may stand. I take it for granted that it will be voted out. I think I have seen enough in the last three days to make it certain that it will be returned out, no matter how the vote may stand.
"Sir, I am opposed to that concern, because it looks to me like a system of trickery and jugglery to defeat the fair expression of the will of the people. There is no necessity for crowding this measure, so unfair, so unjust as it is in all its aspects, upon us. Why can we not now do what we proposed to do in the last Congress? We then voted through the Senate an enabling act, called 'the Toombs bill,' believed to be just and fair in all its provisions, pronounced to be almost perfect by the senator from New Hampshire (Mr. Hale), only he did not like the man, then President of the United States, who would have to make the appointments. Why can we not take that bill, and, out of compliment to the President, add to it a clause taken from the Minnesota act, which he thinks should be a general rule, requiring the constitution to be submitted to the people, and pass that? That unites the party. You all voted, with me, for that bill, at the last Congress. Why not stand by the same bill now? Ignore Lecompton, ignore Topeka; treat both those party movements as irregular and void; pass a fair bill—the one that we framed ourselves when we were acting as a unit; have a fair election, and you will have peace in the Democratic party, and peace throughout the country, in ninety days. The people want a fair vote. They never will be satisfied without it. They never should be satisfied without a fair vote on their constitution.
"If the Toombs bill does not suit my friends, take the Minnesota bill of the last session—the one so much commended by the President in his message as a model. Let us pass that as an enabling act, and allow the people of all parties to come together and have a fair vote, and I will go for it. Frame any other bill that secures a fair, honest vote, to men of all parties, and carries out the pledge that the people shall be left free to decide on their domestic institutions, for themselves, and I will go with you with pleasure, and with all the energy I may possess. But if this constitution is to be forced down our throats in violation of the fundamental principle of free government, under a mode of submission that is a mockery and insult, I will resist it to the last. I have no fear of any party associations being severed. I should regret any social or political estrangement, even temporarily; but if it must be, if I cannot act with you and preserve my faith and my honor; I will stand on the great principle of popular sovereignty, which declares the right of all people to be left perfectly free to form and regulate their domestic institutions in their own way. I will follow that principle wherever its logical consequences may take me, and I will endeavor to defend it against assault from any and all quarters. No mortal man shall be responsible for my action but myself. By my action I will compromise no man."
This speech made a deep impression upon the country, but Mr. Douglas was unable to carry any considerable portion of his party in Congress with him. The history of the struggle is well known. The Republicans, a few Democrats, and a like number of Americans, united, were able to force the administration into an abandonment of the original Lecompton bill, and the English bill was substituted therefor. This bill was opposed by Mr. Douglas; but inasmuch as it gave the people of Kansas the privilege to reject the Lecompton Constitution, it passed by a small majority.
In the summer and autumn of 1858, Mr. Douglas went through a terrible ordeal in Illinois—a campaign, the issue of which was political life or death to him. He triumphed by a small majority—indeed the majority was the other way before the people—which shows that Mr. D. was wise in opposing the Lecompton measure, for if he had supported it, and thus trampled upon his own principle of Popular Sovereignty, he would have lost his election by thousands of votes.
We now come to still later issues—to the discussion between Mr. Douglas and his southern enemies, in the last session of the thirty-fifth Congress—the present year—upon Congressional intervention in favor of slavery. This great debate took place Feb. 23, 1859, in the Senate, and looked like a preconcerted attack upon Mr. Douglas by some of his southern opponents. We have not the space for the official report of the debate, and will endeavor faithfully to abridge it. The debate opened on an amendment by Senator Hale to the Appropriation bill before the Senate to repeal the restrictive clause of the Kansas Admission act. This amendment was offered the day previous, and the debate took an unexpected turn upon it.
Mr. Seward, of New York, said Congress had decided that Kansas should come in with the Lecompton Constitution, without reference to population; but, on the other hand, should not come in outside of the Lecompton Constitution unless she had 92,400 population. There was, therefore, a discrimination by the Congress of the United States, as against freedom, in favor of slavery. Oregon, because she was a Democratic State, was admitted without reference to population, and Kansas, because of her different politics, was excluded. He was glad of this occasion to renew his vote. He was glad, also, to hear that so many gentlemen on the other side will give Kansas a fair hearing. It indicates that the time is coming when any State applying for admission will be heard on its merits, apart from all other considerations. He thought it goes to show that if Texas should be divided, or free States, as he thought they would, be formed in Mexico, they will come in as free States.