And now, the question of Slavery had ceased to be simply whether it should be put in course of ultimate extinction, but whether, as a War Measure—as a means of weakening the Enemy and strengthening the Union—the time had not already come to extinguish it, so far, at least, as the Slaves of those participating in the Rebellion, were concerned.
Congress, as has been heretofore noted, had already long and heatedly debated various propositions referring to Slavery and African Colonization, and had enacted such of them as, in its wisdom, were considered necessary; and was now entering a further stormy period of contention upon various other projects touching the Abolition of the Fugitive Slave Laws, the Confiscation of Rebel Property, and the Emancipation of Slaves—all of which, of course, had been, and would be, vehemently assailed by the loyal Border-States men and their Free-State Democratic allies.
This contention proceeded largely upon the lines of construction of that clause in the Constitution of the United States and its Amendments, which provides that no person shall be deprived of Life, Liberty, or Property, without due process of Law, etc. The one side holding that, since the beginning of our Government, Slaves had been, under this clause, Unconstitutionally deprived of their Liberty; the other side holding that Slaves being "property," it would be Unconstitutional under the same clause, to deprive the Slave-owner of his Slave property.
Mr. Crittenden, the leader of the loyal Border-States men in Congress, was at this time especially eloquent on this latter view of the Constitution. In his speech of April 23, 1862, in the House of Representatives, he even undertook to defend American Slavery under the shield of English Liberty!
Said he: "It is necessary for the prosperity of any Government, for peace and harmony, that every man who acquires property shall feel that he shall be protected in the enjoyment of it, and in his right to hold it. It elevates the man; it gives him a feeling of dignity. It is the great old English doctrine of Liberty. Said Lord Mansfield, the rain may beat against the cabin of an Englishman, the snow may penetrate it, but the King dare not enter it without the consent of its owner. That is the true English spirit. It is the source of England's power."
And again: "The idea of property is deeply seated in our minds. By the English Law and by the American Law you have the right to take the life of any man who attempts, by violence, to take your property from you. So far does the Spirit of these Laws go. Let us not break down this idea of property. It is the animating spirit of the Country. Indeed it is the Spirit of Liberty and Freedom."
There was at this time, a growing belief in the minds of these loyal Border-States men, that this question of Slavery-abolition was reaching a crisis. They saw "the handwriting on the wall," but left no stone unturned to prevent, or at least to avert for a time, the coming catastrophe. They egged Congress, in the language of the distinguished Kentuckian, to "Let these unnecessary measures alone, for the present;" and, as to the President, they now, not only volunteered in his defense, against the attacks of others, but strove also to capture him by their arch flatteries.
"Sir,"—said Mr. Crittenden, in one of his most eloquent bursts, in the House of Representatives,—"it is not my duty, perhaps, to defend the President of the United States. * * * I voted against Mr. Lincoln, and opposed him honestly and sincerely; but Mr. Lincoln has won me to his side. There is a niche in the Temple of Fame, a niche near to Washington, which should be occupied by the statue of him who shall, save this Country. Mr. Lincoln has a mighty destiny. It is for him, if he will, to step into that niche. It is for him to be but President of the People of the United States, and there will his statue be. But, if he choose to be, in these times, a mere sectarian and a party man, that niche will be reserved for some future and better Patriot. It is in his power to occupy a place next Washington,—the Founder, and the Preserver, side by side. Sir, Mr. Lincoln is no coward. His not doing what the Constitution forbade him to do, is no proof of his cowardice."
On the other hand, Owen Lovejoy, the fiery Abolitionist, the very next day after the above remarks of Mr. Crittenden were delivered in the House, made a great speech in reply, taking the position that "either Slavery, or the Republic, must perish; and the question for us to decide is, which shall it be?"
He declared to the House: "You cannot put down the rebellion and restore the Union, without destroying Slavery." He quoted the sublime language of Curran touching the Spirit of the British Law, which consecrates the soil of Britain to the genius of Universal Emancipation,