Trumbull's own opinions about compromise were set forth in a correspondence with E. C. Larned, an eminent lawyer of Chicago. Under date January 7, Larned sent him a series of resolutions written by himself which were passed at a great Union meeting composed of Republicans and Democrats in Metropolitan Hall. One of these resolutions suggested "great concessions" to the South without specifying what they should be. Larned asked Trumbull to read them and advise him whether they met his approval. Trumbull replied under date January 16, at considerable length, saying:
In the present condition of things it is not advisable, in my opinion, for Republicans to concede or talk of conceding anything. The people of most of the Southern States are mad and in no condition to listen to reasonable propositions. They persist in misrepresenting the Republicans and many of them are resolved on breaking up the Government before they will consider what guarantees they want. To make or propose concessions to such a people, only displays the weakness of the Government. A Union which can be destroyed at the will of any one state is hardly worth preserving. The first question to be determined is whether we have a Government capable of maintaining itself against a state rebellion. When that question is effectually settled and the Republicans are installed in power, I would willingly concede almost anything, not involving principle, for the purpose of overcoming what I regard the misapprehension and prejudice of the South, but to propose concessions in advance of obtaining power looks to me very much like a confession in advance that the principles on which we carried the election are impracticable and wrong. Had the Republican party from the start as one man refused to entertain or talk compromises and concessions, and given it to be understood that the Union was to be maintained and the laws enforced at all hazards, I do not believe secession would ever have obtained the strength it now has.
The pages of the Congressional Globe of 1860-61 make the two most intensely interesting volumes in our country's history. They embrace the last words that the North and South had to say to each other before the doors of the temple of Janus were thrown open to the Civil War. As the moment of parting approached, the language became plainer, and its most marked characteristic was not anger, not hatred between disputants, but failure to understand each other. It was as though the men on either side were looking at an object through glasses of different color, or arguing in different languages, or worshiping different gods. Typical of the disputants were Davis and Trumbull, men of equally strong convictions and high breeding, and moved equally by love of country as they understood that term. Davis made three speeches, two of which were on the general subject of debate, and one his farewell to the Senate. The first, singularly enough, was called out by a resolution offered by a fellow Southerner and Democrat, Green, of Missouri (December 10, 1860), who proposed that there should be an armed police force provided by Federal authority to guard, where necessary, the boundary line between the slaveholding and the non-slaveholding states, to preserve the peace, prevent invasions, and execute the Fugitive Slave Law. This scheme Davis considered a quack remedy, and he declared that he could not give it his support because it looked to the employment of force to bring about a condition of security which ought to exist without force. The present want of security, he contended, could not be cured by an armed patrol, but only by a change of sentiment in the majority section of the Union toward the minority section. Upon this test he argued in a dispassionate way for a considerable space, ending in these words:
This Union is dear to me as a Union of fraternal states. It would lose its value to me if I had to regard it as a Union held together by physical force. I would be happy to know that every state now felt that fraternity which made this Union possible; and if that evidence could go out, if evidence satisfactory to the people of the South could be given, that that feeling existed in the hearts of the Northern people, you might burn your statute books and we would cling to the Union still. But it is because of their conviction that hostility and not fraternity now exists in the hearts of the Northern people, that they are looking to their reserved rights and to their independent powers for their own protection. If there be any good, then, which we can do, it is by sending evidence to them of that which I fear does not exist—the purpose in your constituents to fulfill in the spirit of justice and fraternity all their constitutional obligations. If you can submit to them that evidence, I feel confidence that with the evidence that aggression is henceforth to cease, will terminate all the measures for defense. Upon you of the majority section it depends to restore peace and perpetuate the Union of equal states; upon us of the minority section rests the duty to maintain our equality and community rights; and the means in one case or the other must be such as each can control.[40]
This was the explicit confirmation of what Lincoln had said, in his Cooper Institute speech a year earlier, was the chief difficulty of the North: "We must not only let them (the South) alone, but we must somehow convince them that we do let them alone."
The best speech made on the Republican side of the chamber during this momentous session of Congress was made by Trumbull on the night of March 2. It was a speech adverse to the Crittenden Compromise, and was a reply to Crittenden's final speech in support of it. This measure was a joint resolution proposing certain amendments to the Constitution, the first of which proposed to apply the old Missouri Compromise line, of 36° 30' north latitude, to all the remaining territory of the United States, so that in all territory north of it, then owned or thereafter acquired, slavery should be prohibited, and that in all south of it, then owned or thereafter acquired, slavery should be recognized as existing, and that the right of property in slaves there should be protected by Federal law. It was offered on the 18th of December, 1860, and debated till the 2d of March following, when it was defeated by yeas 19, nays 20, all the Republicans voting against it except Seward, who did not vote and was not paired.[41]
Just before the vote was taken, Crittenden tried to amend his measure by striking out the words "hereafter acquired" as to the territory south of 36° 30', which he said was giving great offense in some parts of the North. This was not in the measure as originally proposed by him, but he had accepted it as an amendment offered by his colleague, Senator Powell. It was then too late to amend except by unanimous consent, and Hunter, of Virginia, objected. In this last debate, Mason drew attention to the minimum demands of Virginia as expressed by her legislature. These were the Crittenden Compromise, including territory "hereafter acquired," and the right of slaveholders to pass with their slaves through the free states with protection to their slave property in transit. Mason intimated pretty plainly that even this would not satisfy him, for which he received some castigation at the hands of Douglas. The latter was a steady supporter of the Crittenden Compromise, but he maintained throughout the debate that no cause for disunion would exist, even if the measure were defeated, and that none would exist if the Federal Government should attempt to compel a state or any number of states to obey the Federal law.
Simultaneously with the rejection of the Crittenden Compromise, the Senate, by a two-thirds majority, passed a joint resolution to amend the Constitution by adding to it the following article:
Article XIII. No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any state, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said state.
This was a resolution introduced by Corwin, of Ohio. It had already passed the House by a two-thirds majority, but it fell into the limbo of forgotten things before sunrise of the 4th of March.