THE REVOLT OF DOUGLAS
Had anyone prophesied at the close
of the year 1856, that within a twelvemonth Douglas
would be denounced as a traitor to Democracy, he would
have been thought mad. That Douglas of all men
should break with his party under any circumstances
was almost unthinkable. His whole public career
had been inseparably connected with his party.
To be sure, he had never gone so far as to say “my
party right or wrong”; but that was because
he had never felt obliged to make a moral choice.
He was always convinced that his party was right.
Within the circumference of party, he had always found
ample freedom of movement. He had never lacked
the courage of his convictions, but hitherto his convictions
had never collided with the dominant opinion of Democracy.
He undoubtedly believed profoundly in the mission of
his party, as an organization standing above all for
popular government and the preservation of the Union.
No ordinary circumstances would justify him in weakening
the influence or impairing the organization of the
Democratic party. Paradoxical as it may seem,
his partisanship was dictated by a profound patriotism.
He believed the maintenance of the Union to be dependent
upon the integrity of his party. So thinking and
feeling he entered upon the most memorable controversy
of his career.
When President Buchanan asked Robert
J. Walker of Mississippi to become governor of Kansas,
the choice met with the hearty approval of Douglas.
Not all the President’s appointments had been
acceptable to the Senator from Illinois. But
here was one that he could indorse unreservedly.
He used all his influence to persuade Walker to accept
the uncoveted mission. With great reluctance Walker
consented, but only upon the most explicit understanding
with the administration as to the policy to be followed
in Kansas. It was well understood on both sides
that a true construction of the Kansas-Nebraska Act
required the submission to popular vote of any constitution
which the prospective convention might adopt.
This was emphatically the view of Douglas, whom Governor
Walker took pains to consult on his way through Chicago.
The call for an election of delegates
to a constitutional convention had already been issued,
when Walker reached Kansas. The free-State people
were incensed because the appointment of delegates
had been made on the basis of a defective census and
registration; and even the assurance of the governor,
in his inaugural, that the constitution would be submitted
to a popular vote, failed to overcome their distrust.
They therefore took no part in the election of delegates.
This course was unfortunate, for it gave the control
of the convention wholly into the hands of the pro-slavery
party, with consequences that were far-reaching for
Kansas and the nation. But by October the free-State
party had abandoned its policy of abstention from
territorial politics, so far as to participate in the
election of a new territorial legislature. The
result was a decisive free-State victory. The
next legislature would have an ample majority of free-State
men in both chambers. It was with the discomfiting
knowledge, then, that they represented only a minority
of the community that the delegates of the constitutional
convention began their labors. It was clear to
the dullest intelligence that any pro-slavery constitution
would be voted down, if it were submitted fairly to
the people of Kansas. Gloom settled down upon
the hopes of the pro-slavery party.
When the document which embodied the
labors of the convention was made public, the free-State
party awoke from its late complacence to find itself
tricked by a desperate game. The constitution
was not to be submitted to a full and fair vote; but
only the article relating to slavery. The people
of Kansas were to vote for the “Constitution
with slavery” or for the “Constitution
with no slavery.” By either alternative
the constitution would be adopted. But should
the constitution with no slavery be ratified, a clause
of the schedule still guaranteed “the right
of property in slaves now in this Territory."
The choice offered to an opponent of slavery in Kansas
was between a constitution sanctioning and safeguarding
all forms of slave property, and a constitution
which guaranteed the full possession of slaves then
in the Territory, with no assurances as to the status
of the natural increase of these slaves. Viewed
in the most charitable light, this was a gambler’s
device for securing the stakes by hook or crook.
Still further to guard existing property rights in
slaves, it was provided that if the constitution should
be amended after 1864, no alteration should be made
to affect “the rights of property in the ownership
of slaves."
The news from Lecompton stirred Douglas
profoundly. In a peculiar sense he stood sponsor
for justice to bleeding Kansas, not only because he
had advocated in abstract terms the perfect freedom
of the people to form their domestic institutions
in their own way, but because he had become personally
responsible for the conduct of the leader of the Lecompton
party. John Calhoun, president of the convention,
had been appointed surveyor general of the Territory
upon his recommendation. Governor Walker had
retained Calhoun in that office because of Douglas’s
assurance that Calhoun would support the policy of
submission. Moreover, Governor Walker had gone
to his post with the assurance that the leaders of
the administration would support this course.
Was it likely that the pro-slavery
party in Kansas would take this desperate course,
without assurance of some sort from Washington?
There were persistent rumors that President Buchanan
approved the Lecompton constitution, but Douglas
was loth to give credence to them. The press
of Illinois and of the Northwest voiced public sentiment
in condemning the work of the Lecomptonites. Douglas
was soon on his way to Washington, determined to know
the President’s mind; his own was made up.
The interview between President Buchanan
and Douglas, as recounted by the latter, takes on
a dramatic aspect. Douglas found his worst fears
realized. The President was clearly under the
influence of an aggressive group of Southern statesmen,
who were bent upon making Kansas a slave State under
the Lecompton constitution. Laboring under intense
feeling, Douglas then threw down the gauntlet:
he would oppose the policy of the administration publicly
to the bitter end. “Mr. Douglas,”
said the President rising to his feet excitedly, “I
desire you to remember that no Democrat ever yet differed
from an administration of his own choice without being
crushed. Beware of the fate of Tallmadge and
Rives.” “Mr. President” rejoined
Douglas also rising, “I wish you to remember
that General Jackson is dead.”
The Chicago Times, reporting
the interview, intimated that there had been a want
of agreement, but no lack of courtesy or regard on
either side. Douglas was not yet ready to issue
an ultimatum. The situation might be remedied.
On the night following this memorable encounter, Douglas
was serenaded by friends and responded with a brief
speech, but he did not allude to the Kansas question.
It was generally expected that he would show his hand
on Monday, the opening day of Congress. The President’s
message did not reach Congress, however, until Tuesday.
Immediately upon its reading, Douglas offered the usual
motion to print the message, adding, as he took his
seat, that he totally dissented from “that portion
of the message which may fairly be construed as approving
of the proceedings of the Lecompton convention.”
At an early date he would state the reasons for his
dissent.
On the following day, December 9th,
Douglas took the irrevocable step. For three
hours he held the Senate and the audience in the galleries
in rapt attention, while with more than his wonted
gravity and earnestness he denounced the Lecompton
constitution. He began with a conciliatory reference
to the President’s message. He was happy
to find, after a more careful examination, that the
President had refrained from making any recommendation
as to the course which Congress should pursue with
regard to the constitution. And so, he added
adroitly, the Kansas question is not to be treated
as an administration measure. He shared the disappointment
of the President that the constitution had not been
submitted fully and freely to the people of Kansas;
but the President, he conceived, had made a fundamental
error in supposing that the Nebraska Act provided for
the disposition of the slavery question apart from
other local matters. The direct opposite was
true. The main object of the Act was to remove
an odious restriction by which the people had been
prevented from deciding the slavery question for themselves,
like all other local and domestic concerns. If
the President was right in thinking that by the terms
of the Nebraska bill the slavery question must be submitted
to the people, then every other clause of the constitution
should be submitted to them. To do less would
be to reduce popular sovereignty to a farce.
But Douglas could not maintain this
conciliatory attitude. His sense of justice was
too deeply outraged. He recalled facts which every
well-informed person knew. “I know that
men, high in authority and in the confidence of the
territorial and National Government, canvassed every
part of Kansas during the election of delegates, and
each one of them pledged himself to the people that
no snap judgment was to be taken. Up to the time
of the meeting of the convention, in October last,
the pretense was kept up, the profession was openly
made, and believed by me, and I thought believed by
them, that the convention intended to submit a constitution
to the people, and not to attempt to put a government
in operation without such submission." How was
this pledge redeemed? All men, forsooth, must
vote for the constitution, whether they like it or
not, in order to be permitted to vote for or against
slavery! This would be like an election under
the First Consul, when, so his enemies averred, Napoleon
addressed his troops with the words: “Now,
my soldiers, you are to go to the election and vote
freely just as you please. If you vote for Napoleon,
all is well; vote against him, and you are to be instantly
shot.” That was a fair election! “This
election,” said Douglas with bitter irony, “is
to be equally fair! All men in favor of the
constitution may vote for it-all men against
it shall not vote at all! Why not let them vote
against it? I have asked a very large number of
the gentlemen who framed the constitution ... and
I have received the same answer from every one of
them.... They say if they allowed a negative
vote the constitution would have been voted down by
an overwhelming majority, and hence the fellows shall
not be allowed to vote at all.”
“Will you force it on them against
their will,” he demanded, “simply because
they would have voted it down if you had consulted
them? If you will, are you going to force it
upon them under the plea of leaving them perfectly
free to form and regulate their domestic institutions
in their own way? Is that the mode in which I
am called upon to carry out the principle of self-government
and popular sovereignty in the Territories?”
It is no answer, he argued, that the constitution
is unobjectionable. “You have no right to
force an unexceptionable constitution on a people.”
The pro-slavery clause was not the offense in the
constitution, to his mind. “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 up or down.” The whole affair
looked to him “like a system of trickery and
jugglery to defeat the fair expression of the will
of the people."
The vehemence of his utterance had
now carried Douglas perhaps farther than he had meant
to go. He paused to plead for a fair policy which
would redeem party pledges:
“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 never will be satisfied
without it. They never should be satisfied
without a fair vote on their Constitution....
“Frame any other bill that secures
a fair, honest vote, to men of all parties, and
carries out the pledge that the people shall
be left free to decide on their domestic institutions
for themselves, and I will go with you with pleasure,
and with all the energy I may possess. 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. I have no fear of any party associations
being severed. I should regret any social or
political estrangement, even temporarily; but
if it must be, if I can not act with you and
preserve my faith and my honor, I will stand
on the great principle of popular sovereignty,
which declares the right of all people to be left
perfectly free to form and regulate their domestic
institutions in their own way. I will follow
that principle wherever its logical consequences
may take me, and I will endeavor to defend it
against assault from any and all quarters.
No mortal man shall be responsible for my action but
myself. By my action I will compromit no man."
The speech made a profound impression.
No one could mistake its import. The correspondent
of the New York Tribune was right in thinking
that it “marked an important era in our political
history." Douglas had broken with the dominant
pro-slavery faction of his party. How far he
would carry his party with him, remained to be seen.
But that a battle royal was imminent, was believed
on all sides. “The struggle of Douglas with
the slave-power will be a magnificent spectacle to
witness,” wrote one who had hitherto evinced
little admiration for the author of the Kansas-Nebraska
Act.
Douglas kept himself well in hand
throughout his speech. His manner was at times
defiant, but his language was restrained. At no
time did he disclose the pain which his rupture with
the administration cost him, except in his closing
words. What he had to expect from the friends
of the administration was immediately manifest.
Senator Bigler of Pennsylvania sprang to the defense
of the President. In an irritating tone he intimated
that Douglas himself had changed his position on the
question of submission, alluding to certain private
conferences at Douglas’s house; but as though
bound by a pledge of secrecy, Bigler refrained from
making the charge in so many words. Douglas,
thoroughly aroused, at once absolved, him from any
pledges, and demanded to know when they had agreed
not to submit the constitution to the people.
The reply of Bigler was still allusive and evasive.
“Does he mean to say,” insisted Douglas
excitedly, “that I ever was, privately or publicly,
in my own house or any other, in favor of a constitution
without its being submitted to the people?” “I
have made no such allegation,” was the reply.
“You have allowed it to be inferred,”
exclaimed Douglas in exasperated tones. And then
Green reminded him, that in his famous report of January
4, 1854, he had proposed to leave the slavery question
to the decision of the people “by their appropriate
representatives chosen by them for that purpose,”
with no suggestion of a second, popular vote.
Truly, his most insidious foes were now those of his
own political household.
Anti-slavery men welcomed this revolt
of Douglas without crediting him with any but self-seeking
motives. They could not bring themselves to believe
other than ill of the man who had advocated the repeal
of the Missouri Compromise. Republicans accepted
his aid in their struggle against the Lecompton fraud,
but for the most part continued to regard him with
distrust. Indeed, Douglas made no effort to placate
them. He professed to care nothing for the cause
of the slave which was nearest their hearts.
Hostile critics, then, were quick to point out the
probable motives from which he acted. His senatorial
term was drawing to a close. He was of course
desirous of a re-election. But his nominee for
governor had been defeated at the last election, and
the State had been only with difficulty carried for
the national candidates of the party. The lesson
was plain: the people of Illinois did not approve
the Kansas policy of Senator Douglas. Hence the
weathercock obeyed the wind.
In all this there was a modicum of
truth. Douglas would not have been the power
that he was, had he not kept in touch with his constituency.
But a sense of honor, a desire for consistency, and
an abiding faith in the justice of his great principle,
impelled him in the same direction. These were
thoroughly honorable motives, even if he professed
an indifference as to the fate of the negro. He
had pledged his word of honor to his constituents
that the people of Kansas should have a fair chance
to pronounce upon their constitution. Nothing
short of this would have been consistent with popular
sovereignty as he had expounded it again and again.
And Douglas was personally a man of honor. Yet
when all has been said, one cannot but regret that
the sense of fair play, which was strong in him, did
not assert itself in the early stages of the Kansas
conflict and smother that lawyer’s instinct
to defend, a client by the technicalities of the law.
Could he only have sought absolute justice for the
people of Kansas in the winter of 1856, the purity
of his motives would not have been questioned in the
winter of 1858.
Even those colleagues of Douglas who
doubted his motives, could not but admire his courage.
It did, indeed, require something more than audacity
to head a revolt against the administration. No
man knew better the thorny road that he must now travel.
No man loved his party more. No man knew better
the hazard to the Union that must follow a rupture
in the Democratic party. But if Douglas nursed
the hope that Democratic senators would follow his
lead, he was sadly disappointed. Three only came
to his support-Broderick of California,
Pugh of Ohio, and Stuart of Michigan,-while
the lists of the administration were full. Green,
Bigler, Fitch, in turn were set upon him.
Douglas bitterly resented any attempt
to read him out of the party by making the Lecompton
constitution the touchstone of genuine Democracy;
yet each day made it clearer that the administration
had just that end in view. Douglas complained
of a tyranny not consistent with free Democratic action.
One might differ with the President on every subject
but Kansas, without incurring suspicion. Every
pensioned letter writer, he complained, had been intimating
for the last two weeks that he had deserted the Democratic
party and gone over to the Black Republicans.
He demanded to know who authorized these tales.
Senator Fitch warned him solemnly that the Democratic
party was the only political link in the chain which
now bound the States together. “None ...
will hold that man guiltless, who abandons it upon
a question having in it so little of practical importance
... and by seeking its destruction, thereby admits
his not unwillingness that a similar fate should be
visited on the Union, perhaps, to subserve his selfish
purpose." These attacks roused Douglas to vehement
defiance. More emphatically than ever, he declared
the Lecompton constitution “a trick, a fraud
upon the rights of the people.”
If Douglas misjudged the temper of
his colleagues, he at least gauged correctly the drift
of public sentiment in Illinois and the Northwest.
Of fifty-six Democratic newspapers in Illinois, but
one ventured to condone the Lecompton fraud.
Mass meetings in various cities of the Northwest expressed
confidence in the course of Senator Douglas.
He now occupied a unique position
at the capital. Visitors were quite as eager
to see the man who had headed the revolt as to greet
the chief executive. His residence, where Mrs.
Douglas dispensed a gracious hospitality, was fairly
besieged with callers. Washington society was
never gayer than during this memorable winter.
None entertained more lavishly than Senator and Mrs.
Douglas. Whatever unpopularity he incurred at
the Capitol, she more than offset by her charming
and gracious personality. Acknowledged as the
reigning queen of the circle in which she moved, Mrs.
Douglas displayed a social initiative that seconded
admirably the independent, self-reliant attitude of
her husband. When Adele Cutts Douglas chose to
close the shutters of her house at noon, and hold a
reception by artificial light every Saturday afternoon,
society followed her lead. There were no more
brilliant affairs in Washington than these afternoon
receptions and hops at the Douglas residence in Minnesota
Block. In contrast to these functions dominated
by a thoroughly charming personality, the formal precision
of the receptions at the White House was somewhat
chilling and forbidding. President Buchanan,
bachelor, with his handsome but somewhat self-contained
niece, was not equal to this social rivalry.
Moreover, the cares of office permitted the perplexed,
wearied, and timid executive no respite day or night.
Events in Kansas gave heart to those
who were fighting Lecomptonism. At the election
appointed by the convention, the “constitution
with slavery” was adopted by a large majority,
the free-State people refusing to vote; but the legislature,
now in the control of the free-State party, had already
provided for a fair vote on the whole constitution.
On this second vote the majority was overwhelmingly
against the constitution. Information from various
sources corroborated the deductions which unprejudiced
observers drew from the voting. It was as clear
as day that the people of Kansas did not regard the
Lecompton constitution as a fair expression of their
will.
Ignoring the light which made the
path of duty plain, President Buchanan sent the Lecompton
constitution to Congress with a message recommending
the admission of Kansas. To his mind, the Lecompton
convention was legally constituted and had exercised
its powers faithfully. The organic act did not
bind the convention to submit to the people more than
the question of slavery. Meantime the Supreme
Court had handed down its famous decision in the Dred
Scott case. Fortified by this dictum, the President
told Congress that slavery existed in Kansas by virtue
of the Constitution of the United States. “Kansas
is, at this moment, as much a slave State as Georgia
or South Carolina”! Slavery, then, could
be prohibited only by constitutional provision; and
those who desired to do away with slavery would most
speedily compass their ends, if they admitted Kansas
at once under this constitution.
The President’s message with
the Lecompton constitution was referred to the Committee
on Territories and gave rise to three reports:
Senator Green of Missouri presented the majority report,
recommending the admission of Kansas under this constitution;
Senators Collamer and Wade united on a minority report,
leaving Douglas to draft another expressing his dissent
on other grounds. Taken all in all, this must
be regarded as the most satisfactory and convincing
of all Douglas’s committee reports. It
is strong because it is permeated by a desire for
justice, and reinforced at every point by a consummate
marshalling of evidence. Barely in his career
had his conspicuous qualities as a special pleader
been put so unreservedly at the service of simple
justice. He planted himself firmly, at the outset,
upon the incontrovertible fact that there was no satisfactory
evidence that the Lecompton constitution was the act
and deed of the people of Kansas.
It had been argued that, because the
Lecompton convention had been duly constituted, with
full power to ordain a constitution and establish
a government, consequently the proceedings of the convention
must be presumed to embody the popular will. Douglas
immediately challenged this assumption. The convention
had no more power than the territorial legislature
could confer. By no fair construction of the
Kansas-Nebraska Act could it be assumed that the people
of the Territory were authorized, “at their
own will and pleasure, to resolve themselves into
a sovereign power, and to abrogate and annul the organic
act and territorial government established by Congress,
and to ordain a constitution and State government
upon their ruins, without the consent of Congress.”
Surely, then, a convention which the territorial legislature
called into being could not abrogate or impair the
authority of that territorial government established
by Congress. Hence, he concluded, the Lecompton
constitution, formed without the consent of Congress,
must be considered as a memorial or petition, which
Congress may accept or reject. The convention
was the creature of the territorial legislature.
“Such being the case, whenever the legislature
ascertained that the convention whose existence depended
upon its will, had devised a scheme to force a constitution
upon the people without their consent, and without
any authority from Congress, ... it became their imperative
duty to interpose and exert the authority conferred
upon them by Congress in the organic act, and arrest
and prevent the consummation of the scheme before it
had gone into operation." This was an unanswerable
argument.
In the prolonged debate upon the admission
of Kansas, Douglas took part only as some taunt or
challenge brought him to his feet. While the
bill for the admission of Minnesota, also reported
by the Committee on Territories, was under fire, Senator
Brown of Mississippi elicited from Douglas the significant
concession, that he did not deem an enabling act absolutely
essential, so long as the constitution clearly embodied
the will of the people. Neither did he think a
submission of the constitution always essential; it
was, however, a fair way of ascertaining the popular
will, when that will was disputed.” Satisfy
me that the constitution adopted by the people of
Minnesota is their will, and I am prepared to adopt
it. Satisfy me that the constitution adopted,
or said to be adopted, by the people of Kansas, is
their will, and I am prepared to take it.... I
will never apply one rule to a free State and another
to a slave-holding State." Nevertheless, even
his Democratic colleagues continued to believe that
slavery had something to do with his opposition.
In the classic phraseology of Toombs, “there
was a ‘nigger’ in it.”
The opposition of Douglas began to
cause no little uneasiness. Brown paid tribute
to his influence, when he declared that if the Senator
from Illinois had stood with the administration, “there
would not have been a ripple on the surface.”
“Sir, the Senator from Illinois gives life,
he gives vitality, he gives energy, he lends the aid
of his mighty genius and his powerful will to the
Opposition on this question." But Douglas paid
a fearful price for this power. Every possible
ounce of pressure was brought to bear upon him.
The party press was set upon him. His friends
were turned out of office. The whole executive
patronage was wielded mercilessly against his political
following. The Washington Union held him
up to execration as a traitor, renegade, and deserter.
“We cannot affect indifference at the treachery
of Senator Douglas,” said a Richmond paper.
“He was a politician of considerable promise.
Association with Southern gentlemen had smoothed down
the rugged vulgarities of his early education, and
he had come to be quite a decent and well-behaved
person." To political denunciation was now to
be added the sting of mean and contemptible personalities.
Small wonder that even the vigorous
health of “the Little Giant” succumbed
to these assaults. For a fortnight he was confined
to his bed, rising only by sheer force of will to
make a final plea for sanity, before his party took
its suicidal plunge. He spoke on the 22d of March
under exceptional conditions. In the expectation
that he would speak in the forenoon, people thronged
the galleries at an early hour, and refused to give
up their seats, even when it was announced that the
Senator from Illinois would not address the Senate
until seven o ’clock in the evening. When
the hour came, crowds still held possession of the
galleries, so that not even standing room was available.
The door-keepers wrestled in vain with an impatient
throng without, until by motion of Senator Gwin, ladies
were admitted to the floor of the chamber. Even
then, Douglas was obliged to pause several times,
for the confusion around the doors to subside.
He spoke with manifest difficulty, but he was more
defiant than ever. His speech was at once a protest
and a personal vindication. Denial of the right
of the administration to force the Lecompton constitution
upon the people of Kansas, went hand in hand with
a defense of his own Democracy. Sentences culled
here and there suggest not unfairly the stinging rebukes
and defiant challenges that accentuated the none too
coherent course of his speech:
“I am told that this Lecompton
constitution is a party test, a party measure;
that no man is a Democrat who does not sanction
it ... Sir, who made it a party test? Who
made it a party measure?... Who has interpolated
this Lecompton constitution into the party platform?...
Oh! but we are told it is an Administration measure.
Because it is an Administration measure, does
it therefore follow that it is a party measure?”
... “I do not recognize the right of the
President or his Cabinet ... to tell me my duty
in the Senate Chamber.” “Am
I to be told that I must obey the Executive and
betray my State, or else be branded as a traitor
to the party, and hunted down by all the newspapers
that share the patronage of the government, and
every man who holds a petty office in any part
of my State to have the question put to him,
’Are you Douglas’s enemy? if not, your
head comes off.’” “I intend
to perform my duty in accordance with my own
convictions. Neither the frowns of power
nor the influence of patronage will change my action,
or drive me from my principles. I stand firmly,
immovably upon those great principles of self-government
and state sovereignty upon which the campaign
was fought and the election won.... If,
standing firmly by my principles, I shall be
driven into private life, it is a fate that has no
terrors for me. I prefer private life, preserving
my own self-respect and manhood, to abject and
servile submission to executive will. If
the alternative be private life or servile obedience
to executive will, I am prepared to retire.
Official position has no charms for me when deprived
of that freedom of thought and action which becomes
a gentleman and a senator.’"
On the following day, the Senate passed
the bill for the admission of Kansas under the Lecompton
constitution, having rejected the amendment of Crittenden
to submit that constitution to a vote of the people
of Kansas. A similar amendment, however, was
carried in the House. As neither chamber would
recede from its position, a conference committee was
appointed to break the deadlock. It was from this
committee, controlled by Lecomptonites, that the famous
English bill emanated. Stated briefly, the substance
of this compromise measure-for such it
was intended to be-was as follows:
Congress was to offer to Kansas a conditional grant
of public lands; if this land ordinance should be
accepted by a popular vote, Kansas was to be admitted
to the Union with the Lecompton constitution by proclamation
of the President; if it should be rejected, Kansas
was not to be admitted until the Territory had a population
equal to the unit of representation required for the
House of Representatives.
Taken all in all, the bill was as
great a concession as could be expected from the administration.
Not all were willing to say that the bill provided
for a vote on the constitution, but Northern adherents
could point to the vote on the land ordinance as an
indirect vote upon the constitution. It is not
quite true to say that the land grant was a bribe
to the voters of Kansas. As a matter of fact,
the amount of land granted was only equal to that
usually offered to the Territories, and it was considerably
less than the area specified in the Lecompton constitution.
Moreover, even if the land ordinance were defeated
in order to reject the constitution, the Territory
was pretty sure to secure as large a grant at some
future time. It was rather in the alternative
held out, that the English bill was unsatisfactory
to those who loved fair play. Still, under the
bill, the people of Kansas, by an act of self-denial,
could defeat the Lecompton constitution. To that
extent, the supporters of the administration yielded
to the importunities of the champion of popular sovereignty.
Under these circumstances it would
not be strange if Douglas “wavered." Here
was an opportunity to close the rift between himself
and the administration, to heal party dissensions,
perhaps to save the integrity of the Democratic party
and the Union. And the price which he would have
to pay was small. He could assume, plausibly
enough,-as he had done many times before
in his career,-that the bill granted all
that he had ever asked. He was morally sure that
the people of Kansas would reject the land grant to
rid themselves of the Lecompton fraud. Why hesitate
then as to means, when the desired end was in clear
view?
Douglas found himself subjected to
a new pressure, harder even to resist than any he
had yet felt. Some of his staunch supporters in
the anti-Lecompton struggle went over to the administration,
covering their retreat by just such excuses as have
been suggested. Was he wiser and more conscientious
than they? A refusal to accept the proffered
olive branch now meant,-he knew it well,-the
irreconcilable enmity of the Buchanan faction.
And he was not asked to recant, but only to accept
what he had always deemed the very essence of statesmanship,
a compromise. His Republican allies promptly evinced
their distrust. They fully expected him to join
his former associates. From them he could expect
no sympathy in such a dilemma. His political
ambitions, no doubt, added to his perplexity.
They were bound up in the fate of the party, the integrity
of which was now menaced by his revolt. On the
other hand, he was fully conscious that his Illinois
constituency approved of his opposition to Lecomptonism
and would regard a retreat across this improvised political
bridge as both inglorious and treacherous. Agitated
by conflicting emotions, Douglas made a decision which
probably cost him more anguish than any he ever made;
and when all has been said to the contrary, love of
fair play would seem to have been his governing motive.
When Douglas rose to address the Senate
on the English bill, April 29th, he betrayed some
of the emotion under which he had made his decision.
He confessed an “anxious desire” to find
such provisions as would permit him to support the
bill; but he was painfully forced to declare that
he could not find the principle for which he had contended,
fairly carried out. He was unable to reconcile
popular sovereignty with the proposed intervention
of Congress in the English bill. “It is
intervention with inducements to control the result.
It is intervention with a bounty on the one side and
a penalty on the other." He frankly admitted
that he did not believe there was enough in the bounty
nor enough in the penalty to influence materially
the vote of the people of Kansas; but it involved “the
principle of freedom of election and-the
great principle of self-government upon which our
institutions rest.” And upon this principle
he took his stand. “With all the anxiety
that I have had,” said he with deep feeling,
“to be able to arrive at a conclusion in harmony
with the overwhelming majority of my political friends
in Congress, I could not bring my judgment or conscience
to the conclusion that this was a fair, impartial,
and equal application of the principle."
As though to make reconciliation with
the administration impossible, Douglas went on to
express his distrust of the provision of the bill
for a board of supervisors of elections. Instead
of a board of four, two of whom should represent the
Territory and two the Federal government, as the Crittenden
bill had provided, five were to constitute the board,
of whom three were to be United States officials.
“Does not this change,” asked Douglas significantly,
“give ground for apprehension that you may have
the Oxford, the Shawnee, and the Delaware Crossing
and Kickapoo frauds re-enacted at this election?"
The most suspicions Republican could hardly have dealt
an unkinder thrust.
There could be no manner of doubt
as to the outcome of the English bill in the Senate.
Douglas, Stuart, and Broderick were the only Democrats
to oppose its passage, Pugh having joined the majority.
The bill passed the House also, nine of Douglas’s
associates in the anti-Lecompton fight going over
to the administration. Douglas accepted this
defection with philosophic equanimity, indulging in
no vindictive feelings. Had he not himself felt
misgivings as to his own course?
By midsummer the people of Kansas
had recorded nearly ten thousand votes against the
land ordinance and the Lecompton constitution.
The administration had failed to make Kansas a slave
State. Yet the Supreme Court had countenanced
the view that Kansas was legally a slave Territory.
What, then, became of the great fundamental principle
of popular sovereignty? This was the question
which Douglas was now called upon to answer.