Page images
PDF
EPUB

crats found significant cause for apprehension in the unexpected strength with which the Frémont ticket had been supported in the free States. Especially was this true in Illinois, where the adherents of Frémont and Fillmore had formed a fusion, and thereby elected a Republican governor and State officers. One of the strong elements of Mr. Lincoln's leadership was the cheerful hope he was always able to inspire in his followers, and his abiding faith in the correct political instincts of popular majorities. This trait was happily exemplified in a speech he made at a Republican banquet in Chicago about a month after the presidential election. Recalling the pregnant fact that though Buchanan gained a majority of the electoral vote, he was in a minority of about four hundred thousand of the popular vote for President, Mr. Lincoln thus summed up the chances of Republican success in the future: "Our government rests in public opinion. Whoever can change public opinion, can change the government, practically, just so much. Public opinion on any subject always has a 'central idea,' from which all its minor thoughts radiate. That 'central idea' in our political public opinion at the beginning was, and until recently has continued to be, 'the equality of men.' And although it has always submitted patiently to whatever of inequality there seemed to be as matter of actual necessity, its constant working has been a steady progress towards the practical equality of all men. The late presidential election was a struggle by one party to discard that central idea and to substitute for it the opposite idea that slavery is right in the abstract; the workings of which as a central idea may be the perpetuity of human slavery and its extension to all countries and colors. All of us who did not vote for Mr. Buchanan, taken together, are a ma

CHICAGO BANQUET SPEECH

107

jority of four hundred thousand. But in the late contest we were divided between Frémont and Fillmore. Can we not come together for the future? Let every one who really believes, and is resolved, that free society is not and shall not be a failure, and who can conscientiously declare that in the past contest he has done only what he thought best-let every such one have charity to believe that every other one can say as much. Thus let bygones be bygones; let past differences as nothing be; and with steady eye on the real issue, let us reinaugurate the good old 'central ideas' of the republic. We can do it. The human heart is with us; God is with us. We shall again be able, not to declare that 'all States as States are equal,' nor yet that 'all citizens as citizens are equal,' but to renew the broader, better declaration, including both these and much more, that 'all men are created equal.'

VIII

Buchanan Elected President-The Dred Scott Decision -Douglas's Springfield Speech, 1857-Lincoln's Answering Speech-Criticism of Dred Scott DecisionKansas Civil War-Buchanan Appoints WalkerWalker's Letter on Kansas-The Lecompton Constitution-Revolt of Douglas

THE

HE election of 1856 once more restored the Democratic party to full political control in national affairs. James Buchanan was elected President to succeed Pierce; the Senate continued, as before, to have a decided Democratic majority; and a clear Democratic majority of twenty-five was chosen to the House of Representatives to succeed the heavy opposition majority of the previous Congress.

Though the new House did not organize till a year after it was elected, the eertainty of its coming action was sufficient not only to restore, but greatly to accelerate the pro-slavery reaction begun by the repeal of the Missouri Compromise. This impending drift of national policy now received a powerful impetus by an act of the third coördinate branch, the judicial department of the government.

Very unexpectedly to the public at large, the Supreme Court of the United States, a few days after Buchanan's inauguration, announced its judgment in what quickly became famous as the Dred Scott decision. Dred Scott, a negro slave in Missouri, sued for his freedom on the ground that his master had taken

THE DRED SCOTT DECISION

109

him to reside in the State of Illinois and the Territory of Wisconsin, where slavery was prohibited by law. The question had been twice decided by Missouri courts, once for and then against Dred Scott's claim; and now the Supreme Court of the United States, after hearing the case twice elaborately argued by eminent counsel, finally decided that Dred Scott, being a negro, could not become a citizen, and therefore was not entitled to bring suit. This branch, under ordinary precedent, simply threw the case out of court; but in addition, the decision, proceeding with what lawyers call obiter dictum, went on to declare that under the Constitution of the United States neither Congress nor a territorial legislature possessed power to prohibit slavery in Federal Territories.

The whole country immediately flared up with the agitation of the slavery question in this new form. The South defended the decision with heat, the North protested against it with indignation, and the controversy was greatly intensified by a phrase in the opinion of Chief Justice Taney, that at the time of the Declaration of Independence negroes were considered by general public opinion to be so far inferior "that they had no rights which the white man was bound to respect.

This decision of the Supreme Court placed Senator Douglas in a curious dilemma. While it served to indorse and fortify his course in repealing the Missouri Compromise, it, on the other hand, totally negatived his theory by which he had sought to make the repeal palatable, that the people of a Territory, by the exercise of his great principle of popular sovereignty, could decide the slavery question for themselves. But, being a subtle sophist, he sought to maintain a show of consistency by an ingenious evasion. In the month of June following the decision, he made a speech at

Springfield, Illinois, in which he tentatively announced what in the next year became widely celebrated as his Freeport doctrine, and was immediately denounced by his political confrères of the South as serious party heterodoxy. First lauding the Supreme Court as "the highest judicial tribunal on earth," and declaring that violent resistance to its decrees must be put down by the strong arm of the government, he went on thus to define a master's right to his slave in Kansas:

"While the right continues in full force under the guarantees of the Constitution, and cannot be divested or alienated by an act of Congress, it necessarily remains a barren and a worthless right unless sustained, protected, and enforced by appropriate police regulations and local legislation prescribing adequate remedies for its violation. These regulations and remedies must necessarily depend entirely upon the will and wishes of the people of the Territory, as they can only be prescribed by the local legislatures. Hence, the great principle of popular sovereignty and self-government is sustained and firmly established by the authority of this decision."

Both the legal and political aspects of the new question immediately engaged the earnest attention of Mr. Lincoln; and his splendid power of analysis set its ominous portent in a strong light. He made a speech in reply to Douglas about two weeks after, subjecting the Dred Scott decision to a searching and eloquent criticism. He said:

"That decision declares two propositions-first, that a negro cannot sue in the United States courts; and secondly, that Congress cannot prohibit slavery in the Territories. It was made by a divided courtdividing differently on the different points. Judge Douglas does not discuss the merits of the decision,

« PreviousContinue »