THE MERGING OF THE PARTISAN IN THE PATRIOT
On the day after the election, the
palmetto and lone star flag was thrown out to the
breeze from the office of the Charleston Mercury
and hailed with cheers by the populace. “The
tea has been thrown overboard-the revolution
of 1860 has been initiated,” said that ebullient
journal next morning. On the 10th of November,
the legislature of South Carolina called a convention
of the people to consider the relations of the Commonwealth
“with the Northern States and the government
of the United States.” The instantaneous
approval of the people of Charleston, the focus of
public opinion in the State, left no doubt that South
Carolina would secede from the Union soon after the
17th of December, when the convention was to assemble.
On November 23d, Major Robert Anderson, in command
of Fort Moultrie in Charleston harbor, urged the War
Department to reinforce his garrison and to occupy
also Fort Sumter and Castle Pinckney, saying, “I
need not say how anxious I am-indeed, determined,
so far as honor will permit-to avoid collision
with the citizens of South Carolina. Nothing,
however, will be better calculated to prevent bloodshed
than our being found in such an attitude that it would
be madness and folly to attack us.” “That
there is a settled determination,” he continued,
“to leave the Union, and to obtain possession
of this work, is apparent to all." No sane man
could doubt that a crisis was imminent. Unhappily,
James Buchanan was still President of the United States.
To those who greeted Judge Douglas
upon his return to Washington, he seemed to be in
excellent health, despite rumors to the contrary.
Demonstrative followers insisted upon hearing his voice
immediately upon his arrival, and he was not unwilling
to repeat what he had said at New Orleans, here within
hearing of men of all sections. The burden of
his thought was contained in a single sentence:
“Mr. Lincoln, having been elected, must be inaugurated
in obedience to the Constitution.” “Fellow
citizens,” he said, in his rich, sonorous voice,
sounding the key-note of his subsequent career, “I
beseech you, with reference to former party divisions,
to lay aside all political asperities, all personal
prejudices, to indulge in no criminations or recriminations,
but to unite with me, and all Union-loving men, in
a common effort to save the country from the disasters
which threaten it."
In the midst of forebodings which
even the most optimistic shared, Congress reassembled.
Feeling was tense in both houses, but it was more
noticeable in the Senate, where, hitherto, political
differences had not been a barrier to social intercourse.
Senator Iverson put into words what all felt:
“Look at the spectacle exhibited on this floor.
How is it? There are Republican Northern senators
upon that side. Here are Southern senators on
this side. How much social intercourse is there
between us? You sit upon your side, silent and
gloomy; we sit upon ours with knit brows and portentous
scowls.... Here are two hostile bodies on this
floor; and it is but a type of the feeling that exists
between the two sections."
Southern senators hastened to lay
bare their grievances. However much they might
differ in naming specific, tangible ills, they all
agreed upon the great cause of their apprehension
and uneasiness. Davis voiced the common feeling
when he said, “I believe the true cause of our
danger to be that a sectional hostility has been substituted
for a general fraternity." And his colleague
confirmed this opinion. Clingman put the same
thought more concretely when he declared that the
South was apprehensive, not because a dangerous man
had been elected to the presidency; but because a
President had been elected who was known to be a dangerous
man and who had declared his purpose to war upon the
social system of the South.
With the utmost boldness, Southern
senators announced the impending secession of their
States. “We intend,” said Iverson
of Georgia speaking for his section, “to go
out peaceably if we can, forcibly if we must....
In this state of feeling, divided as we are by interests,
by a geographical feeling, by everything that makes
two people separate and distinct, I ask why we should
remain in the same Union together?"
No Northern senator had better reason
than Douglas to believe that these were not merely
idle threats. The knowledge sobered him.
In this hour of peril, his deep love for the Union
welled up within him, submerging the partisan and
the politician. “I trust,” he said,
rebuking a Northern senator, “we may lay aside
all party grievances, party feuds, partisan jealousies,
and look to our country, and not to our party, in
the consequences of our action. Sir, I am as good
a party man as anyone living, when there are only
party issues at stake, and the fate of political parties
to be provided for. But, Sir, if I know myself,
I do not desire to hear the word party, or to listen
to any party appeal, while we are considering and
discussing the questions upon which the fate of the
country now hangs."
In this spirit Douglas welcomed from
the South the recital of special grievances.
“Give us each charge and each specification....
I hold that there is no grievance growing out of a
nonfulfillment of constitutional obligations, which
cannot be remedied under the Constitution and within
the Union." And when the Personal Liberty Acts
of Northern States were cited as a long-standing grievance,
he heartily denounced them as in direct violation
of the letter and the spirit of the Constitution.
At the same time he contended that these acts existed
generally in the States to which few fugitives ever
fled, and that the Fugitive Slave Act was enforced
nineteen out of twenty times. It was the twentieth
case that was published abroad through the press,
misleading the South. In fact, the present excitement
was, to his mind, due to the inability of the extremes
of North and South to understand each other.
“Those of us that live upon the border, and
have commercial intercourse and social relations across
the line, can live in peace with each other.”
If the border slave States and the border free States
could arbitrate the question of slavery, the Union
would last forever.
Arbitration and compromise-these
were the words with which the venerable Crittenden
of Kentucky, successor to Clay, now endeavored to
rally Union-loving men. He was seconded by his
colleague, Senator Powell, who had already moved the
appointment of a special committee of thirteen, to
consider the grievances between the slave-holding and
non-slave-holding States. Douglas put himself
unreservedly at the service of the party of compromise.
It seemed, for the moment, as though the history of
the year 1850 were to be repeated. Now, as then,
the initiative was taken by a senator from the border-State
of Kentucky. Again a committee of thirteen was
to prepare measures of adjustment. The composition
of the committee was such as to give promise of a
settlement, if any were possible. Seward, Collamer,
Wade, Doolittle, and Grimes, were the Republican members;
Douglas, Rice, and Bigler represented the Democracy
of the North. Davis and Toombs represented the
Gulf States; Powell, Crittenden, and Hunter, the border
slave States.
On the 22d of December, the committee
took under consideration the Crittenden resolutions,
which proposed six amendments to the Constitution
and four joint resolutions. The crucial point
was the first amendment, which would restore the Missouri
Compromise line “in all the territory of the
United States now held, or hereafter acquired.”
Could this disposition of the vexing territorial question
have been agreed upon, the other features of the compromise
would probably have commanded assent. But this
and all the other proposed amendments were defeated
by the adverse vote of the Republican members of the
committee.
The outcome was disheartening.
Douglas had firmly believed that conciliation, or
concession, alone could save the country from civil
war. When the committee first met informally
the news was already in print that the South Carolina
convention had passed an ordinance of secession.
Under the stress of this event, and of others which
he apprehended, Douglas had voted for all the Crittenden
amendments and resolutions, regardless of his personal
predilections. “The prospects are gloomy,”
he wrote privately, “but I do not yet despair
of the Union. We can never acknowledge the right
of a State to secede and cut us off from the ocean
and the world, without our consent. But in view
of impending civil war with our brethren in nearly
one-half of the States of the Union, I will not consider
the question of force and war until all efforts at
peaceful adjustment have been made and have failed.
The fact can no longer be disguised that many of the
Republican leaders desire war and disunion under pretext
of saving the Union. They wish to get rid of the
Southern senators in order to have a majority in the
Senate to confirm Lincoln’s appointments; and
many of them think they can hold a permanent Republican
ascendancy in the Northern States, but not in the
whole Union. For partisan reasons, therefore,
they are anxious to dissolve the Union, if it can
be done without making them responsible before the
people. I am for the Union, and am ready to make
any reasonable sacrifice to save it. No adjustment
will restore and preserve peace which does not
banish the slavery question from Congress forever
and place it beyond the reach of Federal legislation.
Mr. Crittenden’s proposition to extend the Missouri
line accomplishes this object, and hence I can accept
it now for the same reasons that I proposed it in
1848. I prefer our own plan of non-intervention
and popular sovereignty, however."
The propositions which Douglas laid
before the committee proved to be even less acceptable
than the Crittenden amendments. Only a single,
insignificant provision relating to the colonizing
of free negroes in distant lands, commended itself
to a majority of the committee. All hope of an
agreement had now vanished. Sad at heart, Douglas
voted to report the inability of the committee to
agree upon any general plan of adjustment. Yet
he did not abandon all hope; he was not yet ready
to admit that the dread alternative must be accepted.
He joined with Crittenden in replying to a dispatch
from the South: “We have hopes that the
rights of the South, and of every State and section,
may be protected within the Union. Don’t
give up the ship. Don’t despair of the
Republic." And when Crittenden proposed to the
Senate that the people at large should be allowed to
express their approval, or disapproval, of his amendments
by a vote, Douglas cordially indorsed the suggested
referendum in a speech of great power.
There was dross mingled with the gold
in this speech of January 3d. Not all his auditors
by any means were ready to admit that the attempt
of the Federal government to control the slavery question
in the Territories, regardless of the wishes of the
inhabitants, was the real cause of Southern discontent.
Nor were all willing to concede that “whenever
Congress had refrained from such interference, harmony
and fraternal feeling had been restored." The
history of Kansas was still too recent. Yet from
these premises, Douglas drew the conclusion “that
the slavery question should be banished forever from
the Halls of Congress and the arena of Federal politics
by an irrepealable constitutional provision."
The immediate occasion for revolution
in the South was no doubt the outcome of the presidential
election; but that it furnished a just cause for the
dissolution of the Union, he would not for an instant
admit. No doubt Mr. Lincoln’s public utterances
had given some ground for apprehension. No one
had more vigorously denounced these dangerous, revolutionary
doctrines than he; but neither Mr. Lincoln nor his
party would have the power to injure the South, if
the Southern States remained in the Union and maintained
full delegations in Congress. “Besides,”
he added, “I still indulge the hope that when
Mr. Lincoln shall assume the high responsibilities
which will soon devolve upon him, he will be fully
impressed with the necessity of sinking the politician
in the statesman, the partisan in the patriot, and
regard the obligations which he owes to his country
as paramount to those of his party."
No one brought the fearful alternatives
into view, with such inexorable logic, as Douglas
in this same speech. While he denounced secession
as “wrong, unlawful, unconstitutional, and criminal,”
he was bound to recognize the fact of secession.
“South Carolina had no right to secede; but
she has done it. The rights of the Federal
government remain, but possession is lost. How
can possession be regained, by arms or by a peaceable
adjustment of the matters in controversy? Are we
prepared for war? I do not mean that kind of preparation
which consists of armies and navies, and supplies,
and munitions of war; but are we prepared IN OUR HEARTS
for war with our own brethren and kindred? I
confess I am not."
These were not mere words for oratorical
effect. They were expressions wrung from a tortured
heart, bound by some of the tenderest of human affections
to the people of the South. Buried in the land
of her birth rested the mother of his two boys, whom
he had loved tenderly and truly. There in the
Southland were her kindred, the kindred of his two
boys, and many of his warmest personal friends.
The prospect of war brought no such poignant grief
to men whose associations for generations had been
confined to the North.
Returning to the necessity of concession
and compromise, he frankly admitted that he had thrown
consistency to the winds. The preservation of
the Union was of more importance than party platforms
or individual records. “I have no hesitation
in saying to senators on all sides of this Chamber,
that I am prepared to act on this question with reference
to the present exigencies of the case, as if I had
never given a vote, or uttered a word, or had an opinion
upon the subject."
Nor did he hesitate to throw the responsibility
for disagreement in the Committee of Thirteen upon
the Republican members. In the name of peace
he pled for less of party pride and the pride of individual
opinion. “The political party which shall
refuse to allow the people to determine for themselves
at the ballot-box the issue between revolution and
war on the one side, and obstinate adherence to a party
platform on the other, will assume a fearful responsibility.
A war upon a political issue, waged by the people
of eighteen States against the people and domestic
institutions of fifteen sister-States, is a fearful
and revolting thought." But Republican senators
were deaf to all warnings from so recent a convert
to non-partisan politics.
While the Committee of Thirteen was
in session, Major Anderson moved his garrison from
Fort Moultrie to Fort Sumter in Charleston harbor,
urging repeatedly the need of reinforcements.
At the beginning of the new year, President Buchanan
was inspired to form a good resolution. He resolved
that Anderson should not be ordered to return to Moultrie
but should be reinforced. On the 5th of January,
the “Star of the West,” with men, arms
and ammunition, was dispatched to Charleston harbor.
On the 9th the steamer was fired upon and forced to
return without accomplishing its mission. Then
came the news of the secession of Mississippi.
In rapid succession Florida, Alabama, and Georgia
passed ordinances of secession. Louisiana and
Texas were sure to follow the lead of the other cotton
States.
In spite of these untoward events,
the Republican senators remained obdurate. Their
answer to the Crittenden referendum proposition was
the Clark resolution, which read, “The provisions
of the Constitution are ample for the preservation
of the Union, and the protection of all the material
interests of the country; it needs to be obeyed rather
than amended." On the 21st of the month, the senators
of the seceding States withdrew; yet Douglas could
still say to anxious Union men at the South, “There
is hope of adjustment, and the prospect has never
been better than since we first assembled." And
Senator Crittenden concurred in this view. On
what could they have grounded their hopes?
Douglas still believed in the efficacy
of compromise to preserve the Union. Through
many channels he received intelligence from the South,
and he knew well that the leaders of public opinion
were not of one mind. Some, at least, regarded
the proposed Southern confederacy as a means of securing
a revision of the Constitution. Men like Benjamin
of Louisiana were still ready to talk confidentially
of a final adjustment. Moreover, there was a
persistent rumor that Seward was inclining to the
Crittenden Compromise; and Seward, as the prospective
leader of the incoming administration, would doubtless
carry many Republicans with him. Something, too,
might be expected from the Peace Convention, which
was to meet on February 4th, in Washington.
Meantime Douglas lent his aid to such
legislative labors as the exigencies of the hour permitted.
Once again, he found himself acting with the Republicans
to do justice to Kansas, for Kansas was now a suppliant
for admission into the Union with a free constitution.
Again specious excuses were made for denying simple
justice. Toward the obstructionists, his old
enemies, Douglas showed no rancor: there was
no time to lose in personalities. “The sooner
we close up this controversy the better, if we intend
to wipe out the excited and irritated feelings that
have grown out of it. It will have a tendency
to restore good feelings." But not until the Southern
senators had withdrawn, was Kansas admitted to the
Union of the States, which was then hanging in the
balance.
Whenever senators from the slave States
could be induced to name their tangible grievances,
and not to dwell merely upon anticipated injuries,
they were wont to cite the Personal Liberty Acts.
In spite of his good intentions, Douglas was drawn
into an altercation with Mason of Virginia, in which
he cited an historic case where Virginia had been
the offender. Recovering himself, he said ingenuously,
“I hope we are not to bandy these little cases
backwards and forwards for the purpose of sectional
irritation. Let us rather meet the question,
and give the Constitution the true construction, and
allow all criminals to be surrendered according to
the law of the State where the offense was committed."
As evidence of his desire to remove
this most tangible of Southern gravamina, Douglas
introduced a supplementary fugitive slave bill on
January 28th. Its notable features were the provision
for jury trial in a Federal court, if after extradition
a fugitive should persist in claiming his freedom;
and the provisions for the payment of damages to the
claimant, if he should lose through violence a fugitive
slave to whom he had a valid title. The Federal
government in turn might bring suit against the county
where the rescue had occurred, and the county might
reimburse itself by suing the offenders to the full
amount of the damages paid. Had this bill passed,
it would have made good the most obvious defects in
the much-defamed legislation of 1850; but the time
had long since passed, when such concessions would
satisfy the South.
Douglas had to bear many a gibe for
his publicly expressed hopes of peace. Mason
denounced his letter to Virginia gentlemen as a “puny,
pusillanimous attempt to hoodwink” the people
of Virginia. But Douglas replied with an earnest
reiteration of his expectations. Yet all depended,
he admitted, on the action of Virginia and the border
States. For this reason he deprecated the uncompromising
attitude of the senator from Virginia, when he said,
“We want no concessions.” Equally
deplorable, he thought, was the spirit evinced by the
senator from New Hampshire who applauded that regrettable
remark. “I never intend to give up the
hope of saving this Union so long as there is a ray
left,” he cried. Why try to force slavery
to go where experience has demonstrated that climate
is adverse and where the people do not want it?
Why prohibit slavery where the government cannot make
it exist? “Why break up the Union upon an
abstraction?” Let the one side give up its demand
for protection and the other for prohibition; and
let them unite upon an amendment to the Constitution
which shall deny to Congress the power to legislate
upon slavery everywhere, except in the matter of fugitive
slaves and the African slave-trade. “Do
that, and you will have peace; do that, and the Union
will last forever; do that, and you do not extend slavery
one inch, nor circumscribe it one inch; you do not
emancipate a slave, and do not enslave a free-man."
In the course of his eloquent plea
for mutual concession, Douglas was repeatedly interrupted
by Wigfall of Texas, whose State was at the moment
preparing to leave the Union. In ironical tones,
Wigfall begged to be informed upon what ground the
senator based his hope and belief that the Union would
be preserved. Douglas replied, “I see indications
every day of a disposition to meet this question now
and consider what is necessary to save the Union.”
And then, anticipating the sneers of his interrogator,
he said sharply, “If the senator will just follow
me, instead of going off to Texas; sit here, and act
in concert with us Union men, we will make him a very
efficient agent in accomplishing that object."
But to the obdurate mind of Wigfall this Union talk
was “the merest balderdash.” Compromise
on the basis of non-intervention, he pronounced “worse
than ‘Sewardism,’ for it had hypocrisy
and the other was bold and open.” There
was, unhappily, only too much truth in his pithy remark
that “the apple of discord is offered to us
as the fruit of peace.”
It was a sad commentary on the state
of the Union that while the six cotton States were
establishing the constitution and government of a
Southern Confederacy, the Federal Senate was providing
for the territorial organization of that great domain
whose acquisition had been the joint labor of all
the States. Three Territories were projected.
In one of these, Colorado, a provisional government
had already been set up by the mining population of
the Pike’s Peak country. To the Colorado
bill Douglas interposed serious objections. By
its provisions, the southern boundary cut off a portion
of New Mexico, which was slave Territory, and added
it to Colorado. At the same time a provision
in the bill prevented the territorial legislature
from passing any law to destroy the rights of private
property. Was the new Territory of Colorado to
be free or slave? Another provision debarred
the territorial legislature from condemning private
property for public uses. How, then, could Colorado
construct even a public road? Still another provision
declared that there should be no discrimination in
the rate of taxation between different kinds of property.
How, then, could Colorado make those necessary exemptions
which were to be found on all statute books?
In his encounter with Senator Green,
who had succeeded him as chairman of the Committee
on Territories, Douglas did not appear to good advantage.
It was easy to prove his first objection idle, as there
was no slave property in northern New Mexico.
As for the other objectionable provisions, all-by
your leave!-were to be found in the Washington
Territory Act, which had passed through Douglas’s
committee without comment.
Douglas proposed a substitute for
the Colorado bill, nevertheless, which, besides rectifying
these errors,-for such he still deemed them
to be,-proposed that the people of the Territory
should elect their own officers. He reminded
the Senate that the Kansas-Nebraska bill had been
sharply criticised, because while professing to recognize
popular sovereignty, it had withheld this power.
At that time, however, the governor was also an Indian
agent and a Federal officer; now, the two functions
were separated. He proposed that, henceforth,
the President and Senate should appoint only such
officers as performed Federal duties. When Senator
Wade suggested that Douglas had experienced a conversion
on this point, because he happened to be in opposition
to the incoming administration, which would appoint
the new territorial officers, Douglas referred to
his utterances in the last session, as proof of his
disinterestedness in the matter.
Even in his rôle of peace-maker, Douglas
could not help remarking that the bill contained not
a word about slavery. “I am rejoiced,”
he said, somewhat ironically, “to find that
the two sides of the House, representing the two sides
of the ‘irrepressible conflict,’ find it
impossible when they get into power, to practically
carry on the government without coming to non-intervention,
and saying nothing upon the subject of slavery.
Although they may not vote for my proposition, the
fact that they have to avow the principle upon which
they have fought me for years is the only one upon
which they can possibly agree, is conclusive evidence
that I have been right in that principle, and that
they have been wrong in fighting me upon it."
In the House the Colorado bill was
amended by the excision of the clause providing for
appeals to the United States Supreme Court in all
cases involving title to slaves. Douglas promptly
pointed out the significance of this omission.
The decisions of the territorial court regarding slavery
would now be final. The question of whether the
territorial legislature might, or might not, exclude
slavery, would now be decided by territorial judges
who would be appointed by a Republican President.
The Republicans now in control of the Senate were
eager to press their advantage. And Douglas had
to acquiesce. After all, the practical importance
of the matter was not great. No one anticipated
that slavery ever would exist in these new Territories.
The substitute which Douglas offered
for the Colorado bill, and subsequently for the other
territorial bills, deserves more than a passing allusion.
Not only was it his last contribution to territorial
legislation, but it suggested a far-reaching change
in our colonial policy. It was the logical conclusion
of popular sovereignty practically applied. Congress
was invited to abdicate all but the most meagre power
in organizing new Territories. The task of framing
an organic act for the government of a Territory was
to be left to a convention chosen by adult male citizens
who were in actual residence; but this organic law
must be republican in form, and in every way subordinate
to the Constitution and to all laws and treaties affecting
the Indians and the public lands. A Territory
so organized was to be admitted into the Union whenever
its population should be equal to the unit required
for representation in the lower house of Congress.
The initiative in taking a preliminary census and
calling a territorial convention, was to be taken
by the judge of the Federal court in the Territory.
The tutelage of the Federal government was thus to
be reduced to lowest terms.
Congress was to confine itself to
general provisions applicable to all Territories,
leaving the formation of new Territories to the caprice
of the people in actual residence. This was a
generous concession to popular sovereignty; but even
so, the paramount authority was still vested in Congress.
Congress, and not the people, was to designate the
bounds of the Territory; Congress was to pass judgment
upon the republicanism of the organic law, and a Federal
judge was to set the machinery of popular sovereignty
in motion. Obviously the time had passed when
Congress would make so radical a departure from precedent.
Least of all were the Republican members disposed to
weaken the hold of the Federal government upon Territories
where the question of slavery might again become acute.
While the House was unwilling to vote
for a submission of the Crittenden propositions to
a popular vote, it did propose an amendment denying
to Congress the power to interfere with the domestic
institutions of any State. Not being in any sense
a concession, but only an affirmation of a widely
accepted principle, this amendment passed the House
easily enough. Yet in his rôle of compromiser,
Douglas made much of this vote. He called Senator
Mason’s attention to two great facts-“startling,
tremendous facts-that they [the Republicans]
have abandoned their aggressive policy in the Territories
and are willing to give guarantees in the States.”
These “ought to be accepted as an evidence of
a salutary change in public opinion at the North."
Now if the Republican party would only offer a similar
guarantee, by a constitutional amendment, that they
would never revive their aggressive policy toward
slavery in the Territories!
As the February days wore away, Douglas
became less hopeful of peaceable adjustment through
compromise. If he had counted upon large concessions
from Seward, he was disappointed. If he had entertained
hopes of the Peace Conference, he had also erred grievously.
He became more and more assured that the forces making
against peace were from the North as well as the South.
He told the Senate on February 21st, that there was
“a deliberate plot to break up this Union under
pretense of preserving it." Privately he feared
the influence of some of Mr. Lincoln’s advisers,
who were hostile to Seward. “What the Blairs
really want,” he said hotly to a friend, “is
a civil war." With many another well-wisher he
deplored the secret entrance of Mr. Lincoln into the
capital. It seemed to him both weak and undignified,
when the situation called for a conciliatory, but firm,
front.
With an absence of personal pique
which did him credit, he determined to take the first
opportunity to warn Mr. Lincoln of the dangers of
his position. Douglas knew Lincoln far better
than the average Washington politician. To an
acquaintance who lamented the apparent weakness of
the President-elect, Douglas said emphatically, “No,
he is not that, Sir; but he is eminently a man of
the atmosphere which surrounds him. He has not
yet got out of Springfield, Sir.... He he does
not know that he is President-elect of the United States,
Sir, he does not see that the shadow he casts is any
bigger now than it was last year. It will not
take him long to find it out when he has got established
in the White House."
The ready tact of Mrs. Douglas admirably
seconded the initiative of her husband. She was
among the first to call upon Mrs. Lincoln, thereby
setting the example for the ladies of the opposition.
A little incident, to be sure; but in critical hours,
the warp and woof of history is made up of just such
little acts of thoughtful courtesy. Washington
society understood and appreciated the gracious spirit
of Adele Cutts Douglas; and even the New York press
commented upon the incident with satisfaction.
That Seward and his friends were no
less alarmed than Douglas, at the prospect of Lincoln’s
falling under the influence of the coercionists, is
a matter of record. There were, indeed, two factions
contending for mastery over the incoming administration.
So far as an outsider could do so, Douglas was willing
to lend himself to the schemes of the Seward faction,
for in so doing he was obviously promoting the cause
of peace. Three days after Lincoln’s arrival
Douglas called upon him; and on the following evening
(February 27th) he sought another private interview.
They had long known each other; and politics aside,
Lincoln entertained a high opinion of Douglas’s
fairmindedness and common sense. They talked earnestly
about the Peace Conference and the efforts of extremists
in Congress to make it abortive. Each knew the
other to be a genuine lover of the Union. Upon
this common basis of sentiment they could converse
without reservations.
Douglas was agitated and distressed.
Compromise was now impossible in Congress. He
saw but one hope. With great earnestness he urged
Lincoln to recommend the instant calling of a national
convention to amend the Constitution. Upon the
necessity of this step Douglas and Seward agreed.
But Lincoln would not commit himself to this suggestion,
without further consideration. “It is impossible
not to feel,” wrote an old acquaintance, after
hearing Douglas’s account of this interview,
“that he [Douglas] really and truly loves his
country in a way not too common, I fear now, in Washington."
The Senate remained in continuous
session from Saturday, March 2d, until the oath of
office was taken by Vice-President Hamlin on Monday
morning. During these eventful hours, the Crittenden
amendments were voted down; and when the venerable
senator from Kentucky made a final effort to secure
the adoption of the resolution of the Peace Congress,
which was similar to his own, it too was decisively
defeated. In the closing hours of the session,
however, in spite of the opposition of irreconcilables
like Sumner, Wade, and Wilson, the Senate adopted
the amendment which had passed the House, limiting
the powers of Congress in the States.
While Union-loving men were thus wrestling
with a forlorn hope, Douglas was again closeted with
Lincoln. It is very probable that Douglas was
invited to call, in order to pass judgment upon certain
passages in the inaugural address, which would be delivered
on the morrow. At all events, Douglas exhibited
a familiarity with portions of the address, which
can hardly be accounted for in other ways. He
expressed great satisfaction with Lincoln’s statement
of the invalidity of secession. It would do,
he said, for all constitutional Democrats to “brace
themselves against." He frankly announced that
he would stand by Mr. Lincoln in a temperate, resolute
Union policy.
On the forenoon of Inauguration Day,
Douglas told a friend that he meant to put himself
as prominently forward in the ceremonies as he properly
could, and to leave no doubt in any one’s mind
of his determination to stand by the administration
in the performance of its first great duty to maintain
the Union. “I watched him carefully,”
records this same acquaintance. “He made
his way not without difficulty-for there
was literally no sort of order in the arrangements-to
the front of the throng directly beside Mr. Lincoln,
when he prepared to read his address. A miserable
little rickety table had been provided for the President,
on which he could hardly find room for his hat, and
Senator Douglas, reaching forward, took it with a
smile and held it during the delivery of the address.
It was a trifling act, but a symbolical one, and not
to be forgotten, and it attracted much attention all
around me."
At least one passage in the inaugural
address was framed upon suggestions made by Douglas.
Contrary to his original intention, Lincoln went out
of his way to say, “I cannot be ignorant of the
fact that many worthy and patriotic citizens are desirous
of having the National Constitution amended.
While I make no recommendation of amendments, I fully
recognize the rightful authority of the people over
the whole subject, to be exercised in either of the
modes prescribed in the instrument itself; and I should,
under existing circumstances, favor rather than oppose
a fair opportunity being afforded the people to act
upon it. I will venture to add that to me the
convention mode seems preferable, in that it allows
amendments to originate with the people themselves,
instead of only permitting them to take or reject
propositions originated by others, not especially
chosen for the purpose, and which might not be precisely
such as they would wish to either accept or refuse.
I understand a proposed amendment to the Constitution-which
amendment, however, I have not seen-has
passed Congress, to the effect that the Federal Government
shall never interfere with the domestic institutions
of the States, including that of persons held to service.
To avoid misconstruction of what I have said, I depart
from my purpose, not to speak of particular amendments,
so far as to say that, holding such a provision to
now be implied constitutional law, I have no objection
to its being made express and irrevocable."
In the original draft of his address,
written before he came to Washington, Lincoln had
dismissed with scant consideration the notion of a
constitutional amendment: “I am not much
impressed with the belief that the present Constitution
can be improved. I am rather for the old ship,
and the chart of the old pilots." Sometime after
his interview with Douglas, Lincoln struck out these
words and inserted the paragraph already quoted, rejecting
at the same time a suggestion from Seward.
The curious and ubiquitous correspondents
of the New York press, always on the alert for straws
to learn which way the wind was blowing, made much
of Douglas’s conspicuous gallantry toward Mrs.
Lincoln. He accompanied her to the inaugural ball
and unhesitatingly defended his friendliness with
the President’s household, on the ground that
Mr. Lincoln “meant to do what was right.”
To one press agent, eager to have his opinion of the
inaugural, Douglas said, “I defend the inaugural
if it is as I understand it, namely, an emanation
from the brain and heart of a patriot, and as I mean,
if I know myself, to act the part of a patriot, I
endorse it."
On March 6th, while Republican senators
maintained an uncertain and discreet silence respecting
the inaugural address, Douglas rose to speak in its
defense. Senator Clingman had interpreted the
President’s policy in terms of his own emotions:
there was no doubt about it, the inaugural portended
war. “In no wise,” responded Douglas
with energy: “It is a peace-offering rather
than a war message.” In all his long congressional
career there is nothing that redounds more to Douglas’s
everlasting credit than his willingness to defend the
policy of his successful rival, while men of Lincoln’s
own party were doubting what manner of man the new
President was and what his policy might mean.
Nothing could have been more adroit than Douglas’s
plea for the inaugural address. He did not throw
himself into the arms of the administration and betray
his intimate acquaintance with the plans of the new
President. He spoke as the leader of the opposition,
critically and judiciously. He had read the inaugural
with care; he had subjected it to a critical analysis;
and he was of the opinion that it was characterized
by ability and directness on certain points, but by
lack of explicitness on others. He cited passages
that he deemed equivocal and objectionable. Nevertheless
he rejoiced to read one clause which was evidently
the key to the entire document:
“The course here indicated will
be followed unless current events and experience shall
show a modification or change to be proper, and in
every case and exigency my best discretion will be
exercised according to circumstances actually existing,
and with a view and a hope of a peaceful solution
of the national troubles, and the restoration of fraternal
sympathies and affections."
By the terms of his message, too,
the President was pledged to favor such amendments
as might originate with the people for the settlement
of the slavery question,-even if the settlement
should be repugnant to the principles of his party.
Mr. Lincoln should receive the thanks of all Union-loving
men for having “sunk the partisan in the patriot.”
The voice of Douglas never rang truer than when he
paid this tribute to his rival’s honesty and
candor.
“I do not wish it to be inferred,”
he said in conclusion,... “that I have any political
sympathy with his administration, or that I expect
any contingency can happen in which I may be identified
with it. I expect to oppose his administration
with all my energy on those great principles which
have separated parties in former times; but on this
one question-that of preserving the Union
by a peaceful solution of our present difficulties;
that of preventing any future difficulties by such
an amendment of the Constitution as will settle the
question by an express provision-if I understand
his true intent and meaning, I am with him."
But neither President Lincoln nor
Douglas had committed himself on the concrete question
upon which hung peace or war-what should
be done about Fort Sumter and Fort Pickens. The
point was driven home with relentless vigor by Wigfall,
who still lingered in the Senate after the secession
of his State. “Would the Senator who is
speaking for the administration say explicitly, whether
he would advise the withdrawal of the troops from
the forts?” The reply of Douglas was admirable:
“As I am not in their counsels nor their confidence,
I shall not tender them my advice until they ask it....
I do not choose either, to proclaim what my policy
would be, in view of the fact that the Senator does
not regard himself as the guardian of the honor and
interests of my country, but is looking to the interests
of another, which he thinks is in hostility to this
country. It would hardly be good policy or wisdom
for me to reveal what I think ought to be our policy,
to one who may so soon be in the counsels of the enemy,
and the command of its armies."
Douglas did admit, however, that since
the garrison of Fort Sumter had provisions for only
thirty days, he presumed no attempt would be made
to reinforce it. Under existing circumstances
the President had no power to collect the revenues
of the government and no military force sufficient
to reinforce Sumter. Congress was not in session
to supply either the necessary coercive powers or
troops. He therefore drew the conclusion that
not only the President himself was pacific in his
policy, but the Republican party as well, despite the
views of individual members. “But,”
urged Mason of Virginia, “I ask the Senator,
then, what is to be done with the garrison if they
are in a starving condition?” “If the
Senator had voted right in the last presidential election,”
replied Douglas good-naturedly, “I should have
been in a condition, perhaps, to tell him authoritatively
what ought to be done.”
From this moment on, Douglas enjoyed
the confidence of President Lincoln to an extraordinary
degree. No one knew better than Lincoln the importance
of securing the cooeperation of so influential a personage.
True, by the withdrawal of Southern senators, the
Democratic opposition had been greatly reduced; but
Douglas was still a power in this Democratic remnant.
Besides, the man who could command the suffrages
of a million voters was not a force lightly to be
reckoned with. After this speech of the 6th, Lincoln
again sent for Douglas, to express his entire agreement
with its views and with its spirit. He gave Douglas
the impression that he desired to gain time for passions
to cool by removing the causes of irritation.
He felt confident that there would soon be a general
demand for a national convention where all existing
differences could be radically treated. “I
am just as ready,” Douglas reported him to have
said, “to reinforce the garrisons at Sumter
and Pickens or to withdraw them, as I am to see an
amendment adopted protecting slavery in the Territories
or prohibiting slavery in the Territories. What
I want is to get done what the people desire to have
done, and the question for me is how to find that
out exactly." On this point they were in entire
accord.
The patriotic conduct of Douglas earned
for him the warm commendation of Northern newspapers,
many of which had hitherto been incapable of ascribing
honorable motives to him. No one who met him at
the President’s levees would have suspected
that he had been one of his host’s most relentless
opponents. A correspondent of the New York Times
described him as he appeared at one of these functions.
“Here one minute, there the next-now
congratulating the President, then complimenting Mrs.
Lincoln, bowing and scraping, and shaking hands, and
smiling, laughing, yarning and saluting the crowd of
people whom he knew.” More soberly, this
same observer added, “He has already done a
great deal of good to the administration." It
is impossible to find the soured and discomfited rival
in this picture.
The country was anxiously awaiting
the development of the policy of the new Executive,
for to eight out of every ten men, Lincoln was still
an unknown man. Rumors were abroad that both Sumter
and Pickens would be surrendered. Seward was
known to be conciliatory on this point; and the man
on the street never once doubted that Seward would
be the master-mind in the cabinet. Those better
informed knew-and Douglas was among them-that
Seward’s influence was menaced by an aggressive
faction in the cabinet. Behind these official
advisers, giving them active support, were those Republican
senators who from the first had doubted the efficacy
of compromise.
Believing the country should have
assurances that President Lincoln did not meditate
war,-did not, in short, propose to yield
to the aggressive wing of his party,-Douglas
sought to force a show of hands. On March 13th,
he offered a resolution which was designed to draw
the fire of Republican senators. The Secretary
of War was requested to furnish information about
the Southern forts now in possession of the Federal
government; to state whether reinforcements were needed
to retain them; whether under existing laws the government
had the power and means to reinforce them, and whether
it was wise to retain military possession of such
forts and to recapture those that had been lost, except
for the purpose of subjugating and occupying the States
which had seceded; and finally, if such were the motives,
to supply estimates of the military force required
to reduce the seceding States and to protect the national
capital. The wording of the resolution was purposely
involved. Douglas hoped that it would precipitate
a discussion which would disclose the covert wish of
the aggressives, and force an authoritative announcement
of President Lincoln’s policy. Doubtless
there was a political motive behind all this.
Douglas was not averse to putting his bitter and implacable
enemies in their true light, as foes of compromise
even to the extent of disrupting the Union.
Not receiving any response, Douglas
took the floor in defense of his resolution.
He believed that the country should have the information
which his resolution was designed to elicit. The
people were apprehensive of civil war. He had
put his construction upon the President’s inaugural;
but “the Republican side of the Chamber remains
mute and silent, neither assenting nor dissenting.”
The answer which he believed the resolution would
call forth, would demonstrate two points of prime
importance: “First, that the President does
not meditate war; and, secondly, that he has no means
for prosecuting a warfare upon the seceding States,
even if he desired.”
With his wonted dialectic skill Douglas
sought to establish his case. The existing laws
made no provision for collecting the revenue on shipboard.
It was admitted on all sides that collection at the
port of entry in South Carolina was impossible.
The President had no legal right to blockade the port
of Charleston. He could not employ the army to
enforce the laws in the seceded States, for the military
could be used only to aid a civil process; and where
was the marshal in South Carolina to execute a writ?
The President must have known that he lacked these
powers. He must have referred to the future action
of Congress, then, when he said that he should execute
the laws in all the States, unless the “requisite
means were withheld.” But Congress had
not passed laws empowering the Executive to collect
revenue or to gain possession of the forts. What,
then, was the inference? Clearly this, that the
Republican senators did not desire to confer these
powers.
If this inference is not correct,
if this interpretation of the inaugural address is
faulty, urged Douglas, why preserve this impenetrable
silence? Why not let the people know what the
policy of the administration is? They have a
right to know. “The President of the United
States holds the destiny of this country in his hands.
I believe he means peace, and war will be averted,
unless he is overruled by the disunion portion of
his party. We all know the irrepressible conflict
is going on in their camp.... Then, throw aside
this petty squabble about how you are to get along
with your pledges before election; meet the issues
as they are presented; do what duty, honor, and patriotism
require, and appeal to the people to sustain you.
Peace is the only policy that can save the country
or save your party."
On the Republican side of the chamber,
this appeal was bitterly resented. It met with
no adequate response, because there was none to give;
but Wilson roundly denounced it as a wicked, mischief-making
utterance. Unhappily, Douglas allowed himself
to be drawn into a personal altercation with Fessenden,
in which he lost his temper and marred the effect
of his patriotic appeal. There was probably some
truth in Douglas’s charge that both senators
intended to be personally irritating. Under the
circumstances, it was easier to indulge in personal
disparagement of Douglas, than to meet his embarrassing
questions.
How far Douglas still believed in
the possibility of saving the Union through compromise,
it is impossible to say. Publicly he continued
to talk in an optimistic strain. On March 25th,
he expressed his satisfaction in the Senate that only
one danger-point remained; Fort Sumter, he understood,
was to be evacuated. But among his friends no
one looked into the future with more anxiety than he.
Intimations from the South that citizens of the United
States would probably be excluded from the courts
of the Confederacy, wrung from him the admission that
such action would be equivalent to war. He noted
anxiously the evident purpose of the Confederated States
to coerce Kentucky and Virginia into secession.
Indeed, it is probable that before the Senate adjourned,
his ultimate hope was to rally the Union men in the
border States.
When President Lincoln at last determined
to send supplies to Fort Sumter, the issue of peace
or war rested with Jefferson Davis and his cabinet
at Montgomery. Early on the morning of April 12th,
a shell, fired from a battery in Charleston harbor,
burst directly over Fort Sumter, proclaiming to anxious
ears the close of an era.