Abraham Lincoln, a History — Volume 02

by John G. Nicolay; John Hay

But when that convention adjourned, and made known its cunningly devised work, the whole South instantly became clamorous to secure the sectional advantages which lay in its technical regularity, its strong affirmance of the "property" theory, and the extraordinary power it gave to John Calhoun to control the election and decide the returns. This powerful reactionary movement was not lost upon Mr. Buchanan. He reflected it as unerringly as the vane moves to the change of the wind. Long before the meeting of Congress, the Administration organ, the "Washington Union," heralded and strongly supported the new departure. When, on the 8th of December, the President's annual message was transmitted and read, the Lecompton Constitution, as framed and submitted, was therein warmly indorsed and its acceptance indicated as the future Administration policy.

Buchanan, Annual Message, December 8, 1857.

The language of this message discloses with what subtle ingenuity words, phrases, definitions, ideas, and theories were being invented and plied to broaden and secure every conquest of the pro-slavery reaction. An elaborate argument was made to defend the enormities of the Lecompton Constitution. The doctrine of the Silliman letter, that "slavery exists in Kansas under the Constitution of the United States," was assumed as a conceded theory. "In emerging from the condition of territorial dependence into that of a sovereign State," the people might vote "whether this important domestic institution should or should not continue to exist." "Domestic institutions" was defined to mean slavery. "Free to form and regulate their domestic institutions"—the phrase employed in the Kansas-Nebraska act—was construed to mean a vote to continue or discontinue slavery. And "if any portion of the inhabitants shall refuse to vote, a fair opportunity to do so having been presented, ... they alone will be responsible for the consequences." "Should the constitution without slavery be adopted by the votes of the majority, the rights of property in slaves now in the Territory are reserved.... These slaves were brought into the Territory under the Constitution of the United States and are now the property of their masters. This point has at length been finally decided by the highest judicial tribunal of the country."

However blind Buchanan might be to the fact that this extreme interpretation shocked and alarmed the sentiment of the North; that if made before the late Presidential campaign it would have defeated his own election; and that if rudely persisted in, it might destroy the Democratic ascendency in the future, the danger was obvious and immediately vital to Douglas. His senatorial term was about to expire. To secure a reelection he must carry the State of Illinois in 1858, which had on an issue less pronounced than this defeated his colleague Shields in 1854, and his lieutenant Richardson in 1856. But more than this, his own personal honor was as much involved in his pledges to the voters of Illinois as had been that of Governor Walker to the voters of Kansas. His double-dealing caucus bargain had thus placed him between two fires—party disgrace at Washington and popular disgrace in Illinois. In such a dilemma his choice could not be doubtful. At all risk he must endeavor to sustain himself at home.

Douglas, Senate Speech, December 9, 1857. "Globe," p. 18.

He met the encounter with his usual adroitness and boldness. Assuming that the President had made no express recommendation, he devoted his speech mainly to a strong argument of party expediency, repelling without reserve and denouncing without stint the work of the Lecompton Convention. "Stand by the doctrine," said he, "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 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 pledges of my honor that I would go for that principle and leave the people to vote as they choose, 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.... 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 will never be satisfied without it.... 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."

President Buchanan and the strong pro-slavery faction which was directing his course paid no attention whatever to this proposal of a compromise. Shylock had come into court to demand his bond, and would heed no pleas of equity or appeals to grace. The elections of December 21 and January 4 were held in due time, and with what result we have already seen. John Calhoun counted the votes on January 13 and declared the "Lecompton Constitution with slavery" adopted, prudently reserving, however, any announcement concerning the State officers or Legislature under it. This much accomplished, he hurried away to Washington, where he was received with open arms by the President and his advisers, who at once proceeded with a united and formidable effort to legalize the transparent farce by Congressional sanction.

On the second day of February, 1858, President Buchanan transmitted to Congress the Lecompton Constitution, "received from J. Calhoun, Esq.," and "duly certified by himself." The President's accompanying special message argues that the organic law of the Territory conferred the essential rights of an enabling act; that the free-State party stood in the attitude of willful and chronic revolution; that their various refusals to vote were a sufficient bar to complaint and objection; that the several steps in the creation and work of the Lecompton Convention were regular and legal. "The people of Kansas have, then, 'in their own way,' and in strict accordance with the organic act, framed a constitution and State government, have submitted the all-important question of slavery to the people, and have elected a governor, a member to represent them in Congress, members of the State Legislature, and other State officers. They now ask admission into the Union under this constitution, which is Republican in form. It is for Congress to decide whether they will admit or reject the State which has thus been created. For my own part I am decidedly in favor of its admission and thus terminating the Kansas question."

1858.

The vote of January 4 against the constitution he declared to be illegal because it was "held after the Territory had been prepared for admission into the Union as a sovereign State, and when no authority existed in the Territorial Legislature which could possibly destroy its existence or change its character." His own inconsistency was lightly glossed over. "For my own part, when I instructed Governor Walker in general terms, in favor of submitting the constitution to the people, I had no object in view except the all-absorbing question of slavery.... I then believed, and still believe, that under the organic act, the Kansas Convention were bound to submit this all-important question of slavery to the people. It was never, however, my opinion that independently of this act they would have been bound to submit any portion of the constitution to a popular vote, in order to give it validity."