The Great Conspiracy, Volume 5

by John Alexander Logan

This very irritation, however, only served to press such Anti-Slavery Measures more rapidly forward. By the 19th of June, 1862, a Bill "to secure Freedom to all persons within the Territories of the United States"—after a more strenuous fight against it than ever, on the part of Loyal and Copperhead Democrats, both from the Border and Free States,—had passed Congress, and been approved by President Lincoln. It provided, in just so many words, "That, from and after the passage of this Act, there shall be neither Slavery nor involuntary servitude in any of the Territories of the United States now existing, or which may at any time hereafter be formed or acquired by the United States, otherwise than in punishment of crime, whereof the party shall have been duly convicted."

Here, then, at last, was the great end and aim, with which Mr. Lincoln and the Republican Party started out, accomplished. To repeat his phrase, Slavery was certainly now in course of ultimate extinction.

But since that doctrine had been first enunciated by Mr. Lincoln, events had changed the aspect of things. War had broken out, and the Slaves of those engaged in armed Rebellion against the authority of the United States Government, had been actually employed, as we have seen, on Rebel works and fortifications whose guns were trailed upon the Armies of the Union.

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.