In accordance with his views and the resolution aforesaid, Mr. Douglas in 1854, as we have already seen, incorporated in the Kansas-Nebraska Bill a clause declaring it to be "the true 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 thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States."
His position, as stated by himself, was, substantially that the Lecompton Pro-Slavery Constitution was a fraud upon the people of Kansas, in that it did not embody the will of that people; and he denied the right of Congress to force a Constitution upon an unwilling people—without regard, on his part, to whether that Constitution allowed or prohibited Slavery or any other thing, whether good or bad. He held that the people themselves were the sole judges of whether it is good or bad, and whether desirable or not.
The Supreme Court of the United States had in the meantime made a decision in a case afterward known as the "Dred Scott case," which was held back until after the Presidential election of 1856 had taken place, and added fuel to the political fire already raging. Dred Scott was a Negro Slave. His owner voluntarily took him first into a Free State, and afterward into a Territory which came within the Congressional prohibitive legislation aforesaid. That decision in brief was substantially that no Negro Slave imported from Africa, nor his descendant, can be a citizen of any State within the meaning of the Constitution; that neither the Congress nor any Territorial Legislature has under the Constitution of the United States, the power to exclude Slavery from any Territory of the United States; and that it is for the State Courts of the Slave State, into which the negro has been conveyed by his master, and not for the United States Courts, to decide whether that Negro, having been held to actual Slavery in a Free State, has, by virtue of residence in such State, himself become Free.
Now it was, that the meaning of the words, "subject only to the Constitution," as used in the Kansas-Nebraska Act, began to be discerned. For if the people of a Territory were to be "perfectly free," to deal with Slavery as they chose, "subject only to the Constitution" they were by this Judicial interpretation of that instrument "perfectly free" to deal with Slavery in any way so long as they did not attempt "to exclude" it! The thing was all one-sided. Mr. Douglas's attitude in inventing the peculiar phraseology in the Kansas-Nebraska Act—which to some seemed as if expressly "made to order" for the Dred Scott decision—was criticized with asperity; the popularity, however, of his courageous stand against President Buchanan on the Lecompton fraud, seemed to make it certain that, his term in the United States Senate being about to expire, he would be overwhelmingly re-elected to that body.
But at this juncture occurred something, which for a long time held the result in doubt, and drew the excited attention of the whole Nation to Illinois as the great battle-ground. In 1858 a Republican State Convention was held at Springfield, Ill., which nominated Abraham Lincoln as the Republican candidate for United States Senator to succeed Senator Douglas in the National Legislature. On June 16th—after such nomination—Mr. Lincoln made to the Convention a speech—in which, with great and incisive power, he assailed Mr. Douglas's position as well as that of the whole Democratic Pro-Slavery Party, and announced in compact and cogent phrase, from his own point of view, the attitude, upon the Slavery question, of the Republican Party.
In that remarkable speech—which at once attracted the attention of the Country—Mr. Lincoln said: "We are now far into the fifth year, since a policy was initiated with the avowed object, and confident promise, of putting an end to Slavery agitation. Under the operation of that policy, that agitation has not only not ceased, but has constantly augmented. In my opinion it will not cease, until a crisis shall have been reached and passed. 'A House divided against itself cannot stand.' I believe this Government cannot endure permanently half Slave and half Free. I do not expect the Union to be dissolved—I do not expect the House to fall—but I do expect it will cease to be divided. It will become all one thing, or all the other. Either the opponents of Slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become alike lawful in all the States, old as well as new, North as well as South."
[Governor Seward's announcement of an "irrepressible conflict" was made four months later.]
[Governor Seward's announcement of an "irrepressible conflict" was made four months later.]
[Governor Seward's announcement of an "irrepressible conflict" was made four months later.]
He then proceeded to lay bare and closely analyze the history of all that had been done, during the four years preceding, to produce the prevailing condition of things touching human Slavery; describing it as resulting from that, "now almost complete legal combination-piece of machinery, so to speak—compounded of the Nebraska doctrine and the Dred Scott decision." After stating the several points of that decision, and that the doctrine of the "Sacred right of self-government" had been perverted by the Nebraska "Squatter Sovereignty," argument to mean that, "if any one man chose to enslave another, no third man shall be allowed to object," he proceeded to show the grounds upon which he charged "pre-concert" among the builders of that machinery. Said he: "The people were to be left perfectly free, 'subject only to the Constitution.' What the Constitution had to do with it, outsiders could not see. Plainly enough now, it was an exactly fitted niche for the Dred Scott decision to afterward come in and declare the perfect freedom of the people to be just no freedom at all. Why was the amendment, expressly declaring the right of the people, voted down? Plainly enough now, the adoption of it would have spoiled the niche for the Dred Scott decision. Why was the Court decision held up? Why even a Senator's individual opinion withheld, till after the Presidential election? Plainly enough now: the speaking out then would have damaged the 'perfectly free' argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a re-argument? Why the incoming President's advance exhortation in favor of the decision? These things look like the cautious patting and petting of a spirited horse, preparatory to mounting him, when it is dreaded that he may give the rider a fall. And why the hasty after-indorsement of the decision, by the President and others? We cannot absolutely know that all these exact adaptations are the result of pre-concert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen—Stephen, Franklin, Roger, and James—[Douglas, Pierce, Taney and Buchanan.]—for instance—and when we see these timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mortices exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few—not omitting even the scaffolding, or, if a single piece be lacking, we see the place in the frame exactly fitted and prepared yet to bring such piece in—in such a case, we find it impossible not to believe that Stephen and Franklin and Roger and James all understood one another from the beginning, and all worked upon a common plan or draft drawn up before the first blow was struck."