Lincoln, as an Illinois Representative in Congress, resorted to a similar procedure in that national body. At this time there was almost a pitched battle between the slave States and the free commonwealths, each one endeavoring to develop more strength than the other in the effort to dictate the policy of the nation with reference to the States to be formed out of the remaining western territory. Lincoln did not take any active part in the discussion of slavery during the first session of his service in Congress, but he always voted against any measure providing for the extension of the institution. However, he still adhered to his position as set forth in the protest in the Illinois Legislature, that Congress had power under the Constitution to regulate or prohibit slavery in all territory subject to its jurisdiction, provided that such power be exercised with due regard to constitutional rights. He, therefore, decided to test the question whether it was possible to remove from the seat of the Federal Government the offensive traffic in human beings. In formulating his plans to carry out this policy, he consulted the leading citizens of the District of Columbia and certain prominent men in Congress.
Having secured the approval of Mayor Seaton of Washington, a representative of the intelligent slave-holding citizens of the District of Columbia, and also the support of Joshua Giddings, the leading abolition member of Congress, Lincoln proposed a bill to this effect. Thereupon Giddings made these remarks: "This evening (January 11th) our whole mess remained in the dining room after tea, and conversed upon the subject of Mr. Lincoln's bill to abolish slavery. It was approved by all; I believe it as good bill as we could get at this time, and am willing to pay for slaves to save them from the southern market, as I suppose every man in the District would sell his slaves if he saw that slavery was to be abolished."[4]
In the meantime a less radical bill providing also for the abolition of slavery in the District of Columbia had been introduced by Representative Gott of New York. Lincoln, therefore, moved as an amendment on January 16, 1849, that a committee report a bill for the emancipation of all slaves in the District of Columbia. This measure prohibited the bringing of slaves into and selling them out of the District except in the case of those temporarily serving persons representing slave-holding States. It made provision for a tentative system of apprenticeship and the eventual emancipation of children born of slave mothers after January 1, 1850. It further provided for the manumission of slaves by the Government of the United States with compensation to the owners who might make application therefor, for the return of fugitive slaves from Washington and Georgetown, and finally for the submission of the bill to popular vote in the District of Columbia. This measure, however, and its probability of success so excited the proslavery members of Congress and the slave owners in the District of Columbia that a violent opposition thereto followed. So many influential forces were arrayed against the measure that its friends did not further endeavor to pilot it through the House.[5] This unsuccessful effort marked the expiration of Lincoln's term in Congress.
Declining to become a candidate for renomination to Congress, Lincoln returned to Springfield, partially withdrew from politics, and devoted himself largely to the practice of law. He reappeared as an active participant in politics in Illinois in 1854, when there appeared a new aspect of the question as reflected by the debate incident to the Kansas-Nebraska controversy. At this time Lincoln was called for in all directions to deliver addresses to inform the people on the issue of the day. In this connection he demonstrated his inalterable opposition to the extension of slavery.[6] He objected to the iniquitous doctrine of the Nebraska Bill in that it assumed that there was moral right in the enslaving of one man by another, and, further, that it tended to be unmistakably subversive of the basic principles of the Declaration of Independence. Lincoln was of the opinion that the salvation of the Union was dependent upon the extension or the restriction of slavery. Realizing the futility and the hopelessness of voluntary emancipation, he asserted that the "Autocrat of all the Russias" would resign his crown, and proclaim freedom to all his subjects sooner than the "American masters" would voluntarily give up their slaves.[7] It is remarkable that Lincoln's speculative affirmation was followed by what he thought an impossibility, for on the day preceding Mr. Lincoln's inauguration the "Autocrat of all the Russias," Alexander II, by an imperial decree emancipated his serfs; "while six weeks after the inauguration, the proslavery element, headed by Jefferson Davis, began the Rebellion to perpetuate and to spread the institution of slavery."
In 1857 came the Dred Scott decision, in which Chief Justice Taney of the Supreme Court dragged that tribunal into politics, aiming to settle the question of slavery in the territories, but it stimulated rather than suppressed the discussion of slavery, as was evident by its outburst in the debates between Mr. Lincoln and Mr. Stephen A. Douglas.[8] The main question was whether, according to the Constitution, Congress could prohibit slavery in the territories. Lincoln contended that it could but Douglas was evasive, as he hoped to reconcile his popular sovereignty with the Dred Scott decision. Lincoln, on the other hand, showed that the public estimate of the Negro had become decidedly lower than it was prior to the industrial revolution, when masters could emancipate their bondmen of their own volition. Since then it had become common for the State Legislature, which in the exercise of the sovereignty of the State had the power to abolish slavery within its limits, to withhold that power and to make legal restraints tantamount to prohibition.
Lincoln opposed Mr. Douglas in 1858 when he contested the latter's reelection to the United States Senate. Toward this end he launched a more determined antislavery program than ever before, advancing the doctrine that "a house divided against itself cannot stand" and likewise that "the Union could not endure permanently, half slave and half free."[9] He further declared that either the advocates of slavery would push the institution forward until it became alike lawful in both North and South, or the opponents thereof would arrest its extension. Douglas had charged the Republicans with the intent to abolish slavery in the States and had asserted that their opposition to the Dred Scott decision marked their desire for Negro equality and amalgamation.[10] To this charge Lincoln replied that the Republicans were not directing their efforts toward abolition in the slave States, but toward the exclusion of slavery from the territories. He forcibly denied the accusation that the Republicans solicited social equality and amalgamation with the Negro, declaring that there was a physical difference between the two races, which probably would forever forbid their living together on equal footing; and that, inasmuch as it became a necessity that there must be a difference, he, like Douglas, favored his race for the superior position. Lincoln admitted that in some respects the Negro, according to the Declaration of Independence, was not the white man's equal; that in color, size, intellect, moral development, or social capacity the Negro was not on a par with the white man; but that that instrument did, with tolerable distinctness, consider "all men created equal" with certain inalienable rights, such as "life, liberty, and the pursuit of happiness."[11] Lincoln held that, notwithstanding all these facts, there was no reason why the Negro was not entitled to all the natural rights embraced by the Declaration of Independence, which are enjoyed by the white man.[12] He interpreted the standard maxim that "all men are created equal" as being of no practical use in effecting the separation of the thirteen Colonies from Great Britain, and, on the contrary, contended that it was placed in the Declaration of Independence for future use in the attainment of democracy.
Lincoln failed to defeat Douglas for the United States Senate but he continued to discuss the constitutionality of the restriction of slavery. On more than one instance he limited his remarks to this question, irrespective of the type of his audience or character of the occasion. He persistently reiterated the doctrine that there was no provision in the Constitution that precluded the right of the Federal Government to control slavery in the territories.[13]
The crisis between 1850 and 1860 brought Lincoln's ideas before larger groups. Until that year the Democrats had apparently remained united. At the Democratic National Convention in Charleston, South Carolina, in April, 1860, there was a division.[14] The Northern Democrats, unable to comply with the demands of the slave power that the convention should adopt a platform requiring Congress to protect slavery in the territories and the Northerners to acknowledge and advocate the moral right of slavery, forced the South to the radical position of withdrawing from the Convention. Since no candidate could then be nominated, the Convention adjourned to Baltimore, in the hope that time would bring about a reconciliation; but in the end the Northern Democrats nominated Douglas, and the Southerners nominated Breckenridge.[15]
The Republican Convention was held in Chicago in May 1860, and there was adopted a moderate platform, with a denial of the right of Congress to interfere with slavery in the States. The Republicans reaffirmed the Declaration of Independence and declared that Congress should prohibit slavery in the territories. They repudiated the Dred Scott decision and advocated a protective system. Their most difficult problem was the selection of a candidate for the presidency. Inasmuch as Seward and Chase had alienated certain elements by their bold advocacy of advanced principles and Lincoln was comparatively unknown, the managers of the party finally accepted him because of his availability. This choice was received with much indignation among the antislavery leaders, for even Wendell Phillips and William Lloyd Garrison railed against the nominee and portrayed him as an obscurity.[16]
Lincoln's election forced slavery into the foreground. Without waiting for his inauguration, several Southern States, acting in accordance with their previous threats that they would secede if a Republican President were elected, withdrew from the Union. Others soon followed their example. Congress hastened to offer various concessions to the seceding States,[17] but these efforts for compromise were in vain. The die was cast. When Lincoln asserted that his oath of office bound him to preserve the Union at any cost, civil war became inevitable. The proslavery element opened fire on the American flag at Fort Sumter and forced its surrender April 14.[18] On the next day Lincoln issued a proclamation calling for 75,000 volunteers. 500,000 others were later called to defend the honor of the nation.