CHAPTER V. THE VINDICATION OF LIBERTY

With the changed att.i.tude of the South towards emanc.i.p.ation there was a.s.sociated an active hostility to dearly bought human liberty. Freedom of speech, freedom of the press, freedom of worship, the right of a.s.sembly, trial by jury, the right of pet.i.tion, free use of the mails, and numerous other fundamental human rights were a.s.sailed. Birney and other abolitionists who had immediate knowledge of slavery early perceived that the real question at issue was quite as much the continued liberty of the white man as it was the liberation of the black man and that the enslavement of one race involved also the ultimate essential enslavement of the other.

In 1831 two slave States and six free States still extended to free negroes the right to vote. During the pro-slavery crusade these privileges disappeared; and not only so, but free negroes were banished from certain States, or were not permitted to enter them, or were allowed to remain only by choosing a white man for a guardian. It was made a crime to teach negroes, whether slaves or free men, to read and write. Under various pretexts free negroes were reduced to slavery. Freedom of worship was denied to negroes, and they were not allowed to a.s.semble for any purpose except under the strict surveillance of white men. Negro testimony in a court of law was invalid where the rights of a white man were involved. The right of a negro to his freedom was decided by an arbitrary court without a jury, while the disputed right of a white man to the ownership of a horse was conditioned by the safeguard of trial by jury.

The maintenance of such policies carries with it of necessity the suppression of free discussion. When Southern leaders adopted the policy of defending slavery as a righteous inst.i.tution, abolitionists in the South either emigrated to the North or were silenced. In either case they were deprived of a fundamental right. The spirit of persecution followed them into the free States. Birney could not publish his paper in Kentucky, nor even at Cincinnati, save at the risk of his life. Elijah Lovejoy was not allowed to publish his paper in Missouri, and, when he persisted in publishing it in Illinois, he was brutally murdered. Even in Boston it required men of courage and determination to meet and organize an anti-slavery society in 1832, though only a few years earlier Benjamin Lundy had traveled freely through the South itself delivering anti-slavery lectures and organizing scores of such societies. The New York Anti-Slavery Society was secretly organized in 1832 in spite of the opposition of a determined mob. Mob violence was everywhere rife. Meetings were broken up, negro quarters attacked, property destroyed, murders committed.

Fair-minded men became abolitionists on account of the crusade against the rights of white men quite as much as from their interest in the rights of negroes. Salmon P. Chase of Ohio was led to espouse the cause by observing the attacks upon the freedom of the press in Cincinnati. Gerrit Smith witnessed the breaking up of an anti-slavery meeting in Utica, New York, and thereafter consecrated his time, his talents, and his great wealth to the cause of liberty. Wendell Phillips saw Garrison in the hands of a Boston mob, and that experience determined him to make common cause with the martyr. And the murder of Lovejoy in 1837 made many active abolitionists.

It is difficult to imagine a more inoffensive practice than giving to negro girls the rudiments of an education. Yet a school for this purpose, taught by Miss Prudence Crandall in Canterbury, Connecticut, was broken up by persistent persecution, a special act of the Legislature being pa.s.sed for the purpose, forbidding the teaching of negroes from outside the State without the consent of the town authorities. Under this act Miss Crandall was arrested, convicted, and imprisoned.

Having eliminated free discussion from the South, the Southern States sought to accomplish the same object in the North. In pursuance of a resolution of the Legislature, the Governor of Georgia offered a reward of five thousand dollars to any one who should arrest, bring to trial, and prosecute to conviction under the laws of Georgia the editor of the Liberator. R. G. Williams, publishing agent for the American Anti-Slavery Society, was indicted by a grand jury of Tuscaloosa County, Alabama, and Governor Gayle of Alabama made a requisition on Governor Marcy of New York for his extradition. Williams had never been in Alabama. His offense consisted in publishing in the New York Emanc.i.p.ator a few rather mild utterances against slavery.

Governor McDuffie of South Carolina in an official message declared that slavery was the very corner-stone of the republic, adding that the laboring population of any country, "bleached or unbleached," was a dangerous element in the body politic, and predicting that within twenty-five years the laboring people of the North would be virtually reduced to slavery. Referring to abolitionists, he said: "The laws of every community should punish this species of interference with death without benefit of clergy." Pursuant to the Governor's recommendation, the Legislature adopted a resolution calling upon non-slaveholding States to pa.s.s laws to suppress promptly and effectively all abolition societies. In nearly all the slave States similar resolutions were adopted, and concerted action against anti-slavery effort was undertaken. During the winter of 1835 and 1836, the Governors of the free States received these resolutions from the South and, instead of resenting them as an uncalled-for interference with the rights of free commonwealths, they treated them with respect. Edward Everett, Governor of Ma.s.sachusetts, in his message presenting the Southern doc.u.ments to the Legislature, said: "Whatever by direct and necessary operation is calculated to excite an insurrection among the slaves has been held, by highly respectable legal authority, an offense against this Commonwealth which may be prosecuted as a misdemeanor at common law." Governor Marcy of New York, in a like doc.u.ment, declared that "without the power to pa.s.s such laws the States would not possess all the necessary means for preserving their external relations of peace among themselves." Even before the Southern requests reached Rhode Island, the Legislature had under consideration a bill to suppress abolition societies.

When a committee of the Ma.s.sachusetts Legislature had been duly organized to consider the doc.u.ments received from the slave States, the abolitionists requested the privilege of a hearing before the committee. Receiving no reply, they proceeded to formulate a statement of their case; but before they could publish it, they were invited to appear before the joint committee of the two houses. The public had been aroused by the issue and there was a large audience. The case for the abolitionists was stated by their ablest speakers, among whom was William Lloyd Garrison. They labored to convince the committee that their utterances were not incendiary, and that any legislative censure directed against them would be an encouragement to mob violence and the persecution which was already their lot. After the defensive arguments had been fully presented, William Goodell took the floor and proceeded to charge upon the Southern States which had made these demands a conspiracy against the liberties of the North. In the midst of great excitement and many interruptions by the chairman of the committee, he quoted the language of Governor McDuffie's message, and characterized the doc.u.ments lying on the table before him as "fetters for Northern freemen." Then, turning to the committee, he began, "Mr. Chairman, are you prepared to attempt to put them on?"-but the sentence was only half finished when the stentorian voice of the chairman interrupted him: "Sit down, sir!" and he sat down. The committee then arose and left the room. But the audience did not rise; they waited till other abolitionists found their tongues and gave expression to a fixed determination to uphold the liberties purchased for them by the blood of their fathers. The Ma.s.sachusetts Legislature did not comply with the request of Governor McDuffie of South Carolina to take the first step towards the enslavement of all laborers, white as well as black. And Rhode Island refused to enact into law the pending bill for the suppression of anti-slavery societies. They declined to violate the plain requirements of their Const.i.tution that the interests of slavery might be promoted. Not many years later they were ready to strain or break the Const.i.tution for the sake of liberty.

In the general crusade against liberty churches proved more pliable than States. The authority of nearly all the leading denominations was directed against the abolitionists. The General Conference of the Methodist Episcopal Church pa.s.sed in 1836 a resolution censuring two of their members who had lectured in favor of modern abolitionism. The Ohio Conference of the same denomination had pa.s.sed resolutions urging resistance to the anti-slavery movement. In June, 1836, the New York Conference decided that no one should be chosen as deacon or elder who did not give pledge that he would refrain from agitating the church on the subject.

The same spirit appeared in theological seminaries. The trustees of Lane Seminary, near Cincinnati, Ohio, voted that students should not organize or be members of anti-slavery societies or hold meetings or lecture or speak on the subject. Whereupon the students left in a body, and many of the professors withdrew and united with others in the founding of an anti-slavery college at Oberlin.

A persistent attack was also directed against the use of the United States mails for the distribution of anti-slavery literature. Mob violence which involved the post-office began as early as 1830, when printed copies of Miss Grimke's Appeal to the Christian Women of the South were seized and burned in Charleston. In 1835 large quant.i.ties of anti-slavery literature were removed from the Charleston office and in the presence of the a.s.sembled citizens committed to the flames. Postmasters on their own motion examined the mails and refused to deliver any matter that they deemed incendiary. Amos Kendall, Postmaster-General, was requested to issue an order authorizing such conduct. He replied that he had no legal authority to issue such an order. Yet he would not recommend the delivery of such papers. "We owe," said he, "an obligation to the laws, but a higher one to the communities in which we live, and if the former be perverted to destroy the latter, it is patriotism to disregard them. Entertaining these views, I cannot sanction, and will not condemn, the step you have taken." This is an early instance of the appeal to the "higher law" in the pro-slavery controversy. The higher law was invoked against the freedom of the press. The New York postmaster sought to dissuade the Anti-slavery Society from the attempt to send its publications through the mails into Southern States. In reply to a request for authorization to refuse to accept such publications, the Postmaster-General replied: "I am deterred from giving an order to exclude the whole series of abolition publications from the Southern mails only by a want of legal power, and if I were situated as you are, I would do as you have done."

Mr. Kendall's letters to the postmasters of Charleston and New York were written in July and August, 1835. In December of the same year, presumably with full knowledge that a member of his Cabinet was encouraging violations of law in the interest of slavery, President Jackson undertook to supply the need of legal authorization. In his annual message he made a savage attack upon the abolitionists and recommended to Congress the "pa.s.sing of such a law as will prohibit, under severe penalties, the circulation in the Southern States, through the mail, of incendiary publications."

This part of the President's message was referred to a select committee, of which John C. Calhoun was chairman. The chairman's report was against the adoption of the President's recommendation because a subject of such vital interest to the States ought not to be left to Congress. The admission of the right of Congress to decide what is incendiary, a.s.serted the report, carries with it the power to decide what is not incendiary and hence Congress might authorize and enforce the circulation of abolition literature through the mails in all the States. The States should themselves severally decide what in their judgment is incendiary, and then it would become the duty of the general Government to give effect to such state laws. The bill recommended was in harmony with this view. It was made illegal for any deputy postmaster "to deliver to any person whatsoever, any pamphlet, newspaper, handbill, or other printed paper, or pictorial representation touching the subject of slavery, where by the laws of the said State, territory, or district their circulation is prohibited." The bill was defeated in the Senate by a small margin. Altogether there was an enlightening debate on the whole subject. The exposure of the abuse of tampering with the mail created a general reaction, which enabled the abolitionists to win a spectacular victory. Instead of a law forbidding the circulation of anti-slavery publications, Congress enacted a law requiring postal officials under heavy penalties to deliver without discrimination all matter committed to their charge. This act was signed by President Jackson, and Calhoun himself was induced to admit that the purposes of the abolitionists were not violent and revolutionary. Henceforth abolitionists enjoyed their full privileges in the use of the United States mail. An even more dramatic victory was thrust upon the abolitionists by the inordinate violence of their opponents in their attack upon the right of pet.i.tion. John Quincy Adams, who became their distinguished champion, was not himself an abolitionist. When, as a member of the lower House of Congress in 1831, he presented pet.i.tions from certain citizens of Pennsylvania, presumably Quakers, requesting Congress to abolish slavery and the slave-trade in the District of Columbia, he refused to countenance their prayer, and expressed the wish that the memorial might be referred without debate. At the very time when a New England ex-President was thus advising abolitionists to desist from sending pet.i.tions to Congress, the Virginia Legislature was engaged in the memorable debate upon a similar pet.i.tion from Virginia Quakers, in which most radical abolition sentiment was expressed by actual slaveowners. Adams continued to present anti-slavery memorials and at the same time to express his opposition to the demands of the pet.i.tioners. When in 1835 there arose a decided opposition to the reception of such doc.u.ments, Adams, still in apparent sympathy with the pro-slavery South on the main issue, gave wise counsel on the method of dealing with pet.i.tions. They should be received, said he, and referred to a committee; because the right of pet.i.tion is sacred. This, he maintained, was the best way to avoid disturbing debate on the subject of slavery. He quoted his own previous experience; he had made known his opposition to the purposes of the pet.i.tioners; their memorials were duly referred to a committee and there they slept the sleep of death. At that time only one voice had been raised in the House in support of the abolition pet.i.tioners, that of John d.i.c.kson of New York, who had delivered a speech of two hours in length advocating their cause; but not a voice was raised in reply. Mr. Adams mentioned this incident with approval. The way to forestall disturbing debate in Congress, he said, was scrupulously to concede all const.i.tutional rights and then simply to refrain from speaking on the subject.

This sound advice was not followed. For several months a considerable part of the time of the House was occupied with the question of handling abolition pet.i.tions. And finally, in May, 1836, the following resolution pa.s.sed the House: "Resolved, That all pet.i.tions, memorials, resolutions, propositions, or papers relating in any way or to any extent whatever to the subject of slavery or the abolition of slavery, shall, without being either printed or referred, be laid on the table, and that no further action whatever shall be had thereon." This is commonly known as the "gag resolution." During four successive years it was reenacted in one form or another and was not repealed by direct vote until 1844.

When the name of Mr. Adams was called in the vote upon the pa.s.sage of the above resolution, instead of answering in the ordinary way, he said: "I hold the resolution to be a direct violation of the Const.i.tution of the United States, of the rules of this House, and of the rights of my const.i.tuents." This was the beginning of the duel between the "old man eloquent" and a determined majority in the House of Representatives. Adams developed undreamed-of resources as a debater and parliamentarian. He made it his special business to break down the barrier against the right of pet.i.tion. Abolitionists cooperated with zeal in the effort. Their champion was abundantly supplied with pet.i.tions. The gag resolution was designed to prevent all debate on the subject of slavery. Its effect in the hands of the shrewd parliamentarian was to foment debate. On one occasion, with great apparent innocence, after presenting the usual abolition pet.i.tions, Adams called the attention of the Speaker to one which purported to be signed by twenty-two slaves and asked whether such a pet.i.tion should be presented to the House, since he was himself in doubt as to the rules applicable in such a case. This led to a furious outbreak in the House which lasted for three days. Adams was threatened with censure at the bar of the House, with expulsion, with the grand jury, with the penitentiary; and it is believed that only his great age and national repute shielded him from personal violence. After numerous pa.s.sionate speeches had been delivered, Adams injected a few important corrections into the debate. He reminded the House that he had not presented a pet.i.tion purporting to emanate from slaves; on the contrary, he had expressly declined to present it until the Speaker had decided whether a pet.i.tion from slaves was covered by the rule. Moreover, the pet.i.tion was not against slavery but in favor of slavery. He was then charged with the crime of trifling with the sensibilities of the House; and finally the champion of the right of pet.i.tion took the floor in his own defense. His language cut to the quick. His calumniators were made to feel the force of his biting sarcasm. They were convicted of injustice, and all their resolutions of censure were withdrawn. The victory was complete.

After the year 1838 John Quincy Adams had the effective support of Joshua R. Giddings from the Western Reserve, Ohio-who also fought a pitched battle of his own which ill.u.s.trates another phase of the crusade against liberty. The ship Creole had sailed from Baltimore to New Orleans in 1841 with a cargo of slaves. The negroes mutinied on the high seas, slew one man, gained possession of the vessel, sailed to Na.s.sau, and were there set free by the British Government. Prolonged diplomatic negotiations followed in which our Government held that, as slaves were property in the United States, they continued to be such on the high seas. In the midst of the controversy, Giddings introduced a resolution into the House, declaring that slavery, being an abridgment of liberty, could exist only under local rules, and that on the high seas there can be no slavery. For this act Giddings was arraigned and censured by the House. He at once resigned, but was reelected with instructions to continue the fight for freedom of debate in the House.

In the campaign against the rights of freemen mob violence was first employed, but in the South the weapon of repressive legislation was soon subst.i.tuted, and this was powerfully supplemented by social and religious ostracism. Except in a few districts in the border States, these measures were successful. Public profession of abolitionism was suppressed. The violence of the mob was of much longer duration in the North and reached its height in the years 1834 and 1835. But Northern mobs only quickened the zeal of the abolitionists and made converts to their cause. The attempt to subst.i.tute repressive state legislation had the same effect, and the use of church authority for making an end of the agitation for human liberty was only temporarily influential.

As early as 1838 the Presbyterian Church was divided over questions of doctrine into Old School and New School Presbyterians. This served to forestall the impending division on the slavery question. The Old School in the South became pro-slavery and the New School in the North became anti-slavery. At the same time the Methodist Church of the entire country was beset by a division on the main question. In 1844 Southern Methodist Episcopalian conferences resolved upon separation and committed themselves to the defense of slavery. The division in the Methodist Church was completed in 1846. A corresponding division took place in the Baptist Church in 1845. The controversy was dividing the country into a free North and an enslaved South, and Southern white men as well as negroes were threatened with subjection to the demands of the dominant inst.i.tution.

CHAPTER VI. THE SLAVERY ISSUE IN POLITICS

Some who opposed mob violence became active abolitionists; others were led to defend the rights of abolitionists because to do otherwise would encourage anarchy and general disorder. The same was true of those who defended the right of pet.i.tion and the free use of the mails and the entire list of the fundamental rights of freemen which were threatened by the crusade against abolitionists. Birney's contention that unless the slave is freed no one can be free was thus vindicated: the issue involved vastly more than the mere emanc.i.p.ation of slaves.

The attack made in defense of slavery upon the rights of freemen was early recognized as involving civil war unless peaceable emanc.i.p.ation could be attained. So soon as John Quincy Adams faced the new spirit in Congress, he was convinced that it meant probable war. As early as May, 1836, he warned the South, saying: "From the instant that your slaveholding States become the theater of war, civil, servile, or foreign, from that moment the war powers of the Const.i.tution extend to interference with the inst.i.tution of slavery." This sentiment he reiterated and amplified on various occasions. The South was duly warned that an attempt to disrupt the Union would involve a war of which emanc.i.p.ation would be one of the consequences. With the exception of Garrison and a few of his personal followers, abolitionists were unionists: they stood for the perpetual union of the States.

This is not the place to give an extended account of the Mexican War. * There are, however, certain incidents connected with the annexation of Texas and the resulting war which profoundly affected the crusade against slavery. Both Lundy and Birney in their missions to promote emanc.i.p.ation through the process of colonization believed that they had unearthed a plan on the part of Southern leaders to acquire territory from Mexico for the purpose of extending slavery. This discovery coincided with the suppression of abolition propaganda in the South. Hitherto John Quincy Adams had favored the western expansion of our territory. He had labored diligently to make the Rio Grande the western boundary of the Louisiana Purchase at the time of the treaty with Spain in 1819. But though in 1825 he had supported a measure to purchase Texas from Mexico, under the new conditions he threw himself heartily against the annexation of Texas, and in 1838 he defeated in the House of Representatives a resolution favoring annexation. To this end Adams occupied the morning hour of the House each day from the 16th of June to the 7th of July, within two days of the time fixed for adjournment. This was only a beginning of his fight against the extension of slavery. There was no relenting in his opposition to pro-slavery demands until he was stricken down with paralysis in the streets of Boston, in November, 1846. He never again addressed a public a.s.sembly. But he continued to occupy his seat in Congress until February 23, 1848.

* See "Texas and the Mexican War" (in "The Chronicles of America").

The debate inaugurated in Congress by Adams and others over the extension of slave territory rapidly spread to the country at large, and interest in the question became general. Abolitionists were thereby greatly stimulated to put into practice their professed duty of seeking to accomplish their ends by political action. Their first effort was to secure recognition in the regular parties. The Democrats answered in their platform of 1840 by a plank specifically denouncing the abolitionists, and the Whigs proved either noncommittal or unfriendly. The result was that abolitionists organized a party of their own in 1840 and nominated James G. Birney for the Presidency. Both of the older parties during this campaign evaded the issue of the annexation of Texas. In 1844 the Whigs again refrained from giving in their platform any official utterance on the Texas issue, though they were understood to be opposed to annexation. The Democrats adroitly a.s.serted in their platform their approval of the re-annexation of Texas and reoccupation of Oregon. There was a shadowy prior claim to both these regions, and by combining them in this way the party avoided any odious partiality towards the acquisition of slave territory. But the voters in both parties had become interested in the specific question whether the country was to enter upon a war of conquest whose primary object should be the extension of slavery. In the North it became generally understood that a vote for Henry Clay, the Whig candidate, was an expression of opposition to annexation. This issue, however, was not made clear in the South. In the absence of telegraph and daily paper it was quite possible to maintain contradictory positions in different sections of the country. But since the Democrats everywhere openly favored annexation, the election of their candidate, James K. Polk, was generally accepted as a popular approval of the annexation of Texas. Indeed, action immediately followed the election and, before the President-elect had been inaugurated, the joint resolution for the annexation of Texas pa.s.sed both Houses of Congress.

The popular vote was almost equally divided between Whigs and Democrats. Had the vote for Birney, who was again the candidate of the Liberty party, been cast for Clay electors, Clay would have been chosen President. The Birney vote was over sixty-two thousand. The Liberty party, therefore, held the balance of power and determined the result of the election.

The Liberty party has often been censured for defeating the Whigs at this election of 1844. But many incidents, too early forgotten by historians, go far to justify the course of the leaders. Birney and Clay were at one time members of the same party. They were personal friends, and as slave holders they shared the view that slavery was a menace to the country and ought to be abolished. It was just fourteen years before this election that Birney made a visit to Clay to induce him to accept the leadership of an organized movement to abolish slavery in Kentucky. Three years later, when Birney returned to Kentucky to do himself what Henry Clay had refused to do, he became convinced that the reaction which had taken place in favor of slavery was largely due to Clay's influence. This was a common impression among active abolitionists. It is not strange, therefore, that they refused to support him as a candidate for the Presidency, and it is not at all certain that his election in 1844 would have prevented the war with Mexico.

Northern Whigs accused the Democrats of fomenting a war with Mexico with the intention of gaining territory for the purpose of extending slavery. Democrats denied that the annexation of Texas would lead to war, and many of them proclaimed their opposition to the farther extension of slavery. In harmony with this sentiment, when President Polk asked for a grant of two million dollars to aid in making a treaty with Mexico, they attached to the bill granting the amount a proviso to the effect that slavery should forever be prohibited in any territory which might be obtained from Mexico by the contemplated treaty. The proviso was written by an Ohio Democrat and was introduced in the House by David A. Wilmot, a Pennsylvania Democrat, after whom it is known. It pa.s.sed the House by a fair majority with the support of both Whigs and Democrats. At the time of the original introduction in August, 1846, the Senate did not vote upon the measure. Davis of Ma.s.sachusetts moved its adoption but inadvertently prolonged his speech in its favor until the hour for adjournment. Hence there was no vote on the subject. Subsequently the proviso in a new form again pa.s.sed the House but failed of adoption in the Senate.

During the war the Wilmot Proviso was the subject of frequent debate in Congress and of continuous debate throughout the country until the treaty with Mexico was signed in 1848. A vast territory had been acquired as a result of the war, and no decision had been reached as to whether it should remain free or be opened to settlement by slave-owners. Another presidential election was at hand. For fully ten years there had been ever-increasing excitement over the question of the limitation or the extension of slavery. This had clearly become the topic of supreme interest throughout the country, and yet the two leading parties avoided the issue. Their own membership was divided. Northern Democrats, many of them, were decidedly opposed to slavery extension. Southern Whigs with equal intensity favored the extension of slavery into the new territory. The platforms of the two parties were silent on the subject. The Whigs nominated Taylor, a Southern general who had never voted their party ticket, but they made no formal declaration of principles. The Democrats repeated with colorless additions their platforms of 1840 anti 1844 and sought to win the election with a Northern man, Lewis Ca.s.s of Michigan, as candidate.

There was, therefore, a clear field for a party having fully defined views to express on a topic of commanding interest. The cleavage in the Democratic party already begun by the debate over the Wilmot Proviso was farther promoted by a factional division of New York Democrats. Martin Van Buren became the leader of the liberal faction, the "Barnburners," who nominated him for President at a convention at Utica. The spirit of independence now seized disaffected Whigs and Democrats everywhere in the North and Northwest. Men of anti-slavery proclivities held nonpartizan meetings and conventions. The movement finally culminated in the famous Buffalo convention which gave birth to the Freesoil party. The delegates of all political persuasions united on the one principle of opposition to slavery. They adopted a ringing platform closing with the words: "Resolved, That we inscribe on our banner 'Free Soil, Free Speech, Free Labor, and Free Men,' and under it will fight on, and fight ever, until a triumphant victory shall reward our exertions." They accepted Van Buren as their candidate. The vote at the ensuing election was more than fourfold that given to Birney in 1844. The Van Buren supporters held the balance of power between Whigs and Democrats in twelve States. Taylor was elected by the vote of New York, which except for the division in the party would have gone to Ca.s.s. There was no longer any doubt of the fact that a political force had arisen which could no longer be ignored by the ruling parties. One of the parties must either support the new issue or give place to a party which would do so.

A political party for the defense of liberty was the fulfillment of the aspirations of all earnest anti-slavery men and of all abolitionists not of the radical Garrisonian persuasion. The national anti-slavery societies were for the most part limited in their operations to the Atlantic seaboard. The West organized local and state a.s.sociations with little reference to the national a.s.sociation. When the disruption occurred between Garrison and his opponents in 1840, the Western abolitionists continued their former methods of local organization. They recognized no divisions in their ranks and continued to work in harmony with all who in any way opposed the inst.i.tution of slavery. The political party was their first really effective national organization. Through party committees, caucuses, and conventions, they became a part of the forces that controlled the nation. The older local clubs and a.s.sociations were either displaced by the party or became mere adjuncts to the party.

The lines for political action were now clearly defined. In the States emanc.i.p.ation should be accomplished by state action. With a few individual exceptions the leaders conceded that Congress had no power to abolish slavery in the States. Upon the general Government they urged the duty of abolishing both slavery and the slave-trade in the District of Columbia and in all areas under direct federal control. They further urged upon the Government the strict enforcement of the laws prohibiting the foreign slave-trade and the enactment of laws forbidding the interstate slave-trade. The const.i.tutionality of these main lines of action has been generally conceded.

Abolitionists were pioneers in the formulation of political platforms. The declaration of principles drawn up by Garrison in 1833 and adopted by the American Anti-Slavery Society was of the nature of a political platform. The duty of voting in furtherance of the policy of emanc.i.p.ation was inculcated. No platform was adopted for the first political campaign, that of 1840; but four years later there was an elaborate party platform of twenty-one resolutions. Many things had happened in the eleven years intervening since the declaration of principles of the American Anti-Slavery Society. In the earlier platform the freedom of the slave appears as the primary object. That of the Liberty party a.s.sumes the broad principle of human brotherhood as the foundation for a democracy or a republic. It denies that the party is organized merely to free the slave. Slaveholding as the grossest form of despotism must indeed be attacked first, but the aim of the party is to carry the principle of equal rights into all social relations. It is not a sectional party nor a party organized for a single purpose. "It is not a new party, nor a third party, but it is the party of 1776, reviving the principles of that memorable era, and striving to carry them into practical application." The spirit of '76 rings, indeed, throughout the doc.u.ment, which declares that it was understood at the time of the Declaration and the Const.i.tution that the existence of slavery was in derogation of the principles of American liberty. The implied faith of the Nation and the States was pledged to remove this stain upon the national character. Some States had n.o.bly fulfilled that pledge; others shamelessly had neglected to do so.

These principles are rea.s.serted in succeeding platforms. The later opponents of slavery in their principles and policies thus allied themselves with the founders of the republic. They claimed the right to continue to repeat the words of Washington and Jefferson and those of the members of the Virginia Legislature of 1832. No new doctrines were required. It was enough simply to reaffirm the fundamental principles of democracy.

The names attached to the party are significant. It was at first popularly styled the Abolition party, then officially in turn the Liberty party, the Freesoil party, and finally the Republican party. Republican was the name first applied to the Democratic party-the party of Jefferson. The term Democrat was gradually subst.i.tuted under the leadership of Jackson before 1830. Some of the men who partic.i.p.ated in the organization of the later Republican party had themselves been Republicans in the party of Jefferson. They not only accepted the name which Jefferson gave to his party, but they adopted the principles which Jefferson proclaimed on the subject of slavery, free soil, and human rights in general. This was the final stage in the identification of the later anti-slavery crusade with the earlier contest for liberty.

CHAPTER VII. THE Pa.s.sING OF THE WHIG PARTY

The middle of the last century was marked by many incidents which have left a permanent impress upon politics in general and upon the slavery question in particular. Europe was again in the throes of popular uprisings. New const.i.tutions were adopted in France, Switzerland, Prussia, and Austria. Reactions in favor of autocracy in Austria and Germany sent mult.i.tudes of lovers of liberty to America. Kossuth, the Hungarian revolutionist, electrified American audiences by his appeals on behalf of the downtrodden in Europe. Already the world was growing smaller. America did not stop at the Pacific but crossed the ocean to establish permanent political and commercial relations with j.a.pan and China.

The industries of the country were being reorganized to meet new conditions created by recent inventions. The electric telegraph was just coming into use, giving rise to a new era in communication. The discovery of gold in California in 1848 was followed by competing projects to construct railroads to the Pacific with Chicago and St. Louis as the rival eastern terminals. The telegraph, the railway, and the resulting industrial development proved great nationalizing influences. They served also to give increased emphasis to the contrast between the industries of the free and those of the slave States. The Census of 1850 became an effective anti-slavery argument.

The telegraph also gave new life to the public press. The presidential campaign of 1848 was the last one in which it was possible to carry on contradictory arguments in support of the same candidate. If slavery could not endure the test of untrammeled discussion when there were no means of rapid intercommunication such as the telegraph supplied, how could it contend against the revelations of the daily press with the new type of reporter and interviewer which was now developed?

It is a remarkable coincidence that in the midst of the pa.s.sing of the old and the coming in of the new order there should be a change in the political leadership of the country. Webster, Clay, Calhoun, John Quincy Adams, not to mention others, all died near the middle of the century, and their political power pa.s.sed to younger men. Adams gave his blessing to a young friend and co-laborer, William H. Seward of New York, intimating that he expected him to do much to curb the threatening power of the slaveholding oligarchy; while Andrew Jackson, who died earlier, had already conferred a like distinction upon young Stephen A. Douglas. There was no lack of aspirants for the fallen mantles.

John C. Calhoun continued almost to the day of his death to modify his interpretation of the Const.i.tution in the interest of his section. As a young man he avowed protectionist principles. Becoming convinced that slave labor was not suited to manufacture, he urged South Carolina to declare the protective tariff laws null and void within her limits. When his section seemed endangered by the distribution of anti-slavery literature through the mail, he extemporized a theory that each State had a right to pa.s.s statutes to protect itself in such an emergency, in which case it became the duty of the general Government and of all other States to respect such laws. When it finally appeared that the territory acquired from Mexico was likely to remain free, the same statesman made further discoveries. He found that Congress had no right to exclude slavery from any Territory belonging to the United States; that the owners of slaves had equal rights with the owners of other property; that neither Congress nor a territorial authority had any power to exclude slaves from a Territory. This doctrine was accepted by extremists in the South and was finally embodied in the Dred Scott decision of 1857.

Abolitionists had meantime evolved a precisely contradictory theory. They a.s.serted that the Const.i.tution gave no warrant for property in man, except as held under state laws; that with this exception freedom was guaranteed to all; that Congress had no more right to make a slave than it had to make a king; and that it was the duty of Congress to maintain freedom in all the Territories. Extremists expressed the view that all past acts whereby slavery had been extended were unconst.i.tutional and therefore void. Between these extreme conflicting views was every imaginable grade of opinion. The prevailing view of opponents of slavery, however, was in harmony with their past conduct and maintained that Congress had complete control over slavery in the Territories.

When the Mexican territory was acquired, Stephen A. Douglas, as the experienced chairman of the Committee on Territories in the Senate, was already developing a theory respecting slavery in the Territories which was destined to play a leading part in the later crusade against slavery. Douglas was the most thoroughgoing of expansionists and would acknowledge no northern boundary on this side of the North Pole, no southern boundary nearer than Panama. He regarded the United States, with its great principle of local autonomy, as fitted to become eventually the United States of the whole world, while he held it to be an immediate duty to make it the United States of North America. As the son-in-law of a Southern planter in North Carolina, and as the father of sons who inherited slave property, Douglas, although born in Vermont, knew the South as did no other Northern statesman. He knew also the inst.i.tution of slavery at first hand. As a p.r.o.nounced expansionist and as the congressional leader in all matters pertaining to the Territories, he acquired detailed information as to the qualities of these new possessions, and he spoke, therefore, with a good degree of authority when he said, "If there was one inch of territory in the whole of our acquisitions from Mexico where slavery could exist, it was in the valleys of the Sacramento and the San Joaquin." But this region was at once preempted for freedom upon the discovery of gold.

Douglas did not admit that even the whole of Texas would remain dedicated to slavery. Some of the States to be formed from it would be free, by the same laws of climate and resources which determined that the entire West would remain free. Before the Mexican War the Senator had become convinced that the extension of slavery had reached its limit; that the Missouri Compromise was a dead letter except as a psychological palliative; that Nature had already ordained that slave labor should be forever excluded from all Western territory both north and south of that line. His reply to Calhoun's contention that a balance must be maintained between slave and free States was that he had plans for forming seventeen new States out of the vast Western domains, every one of which would be free. And besides, said he, "we all look forward with confidence to the time when Delaware, Maryland, Virginia, Kentucky, and Missouri, and probably North Carolina and Tennessee will adopt a gradual system of emanc.i.p.ation." Douglas was one of the first to favor the admission of California as a free State. According to the Missouri Compromise law and the laws of Mexico, all Western territory was free, and he was opposed to interference with existing conditions. The Missouri Compromise was still held sacred. Finally, however, it was with Douglas's a.s.sistance that the Compromise measures of 1850 were pa.s.sed, one of which provided for territorial Governments for Utah and New Mexico with the proviso that, when admitted as States, slavery should be permitted or prohibited as the citizens of those States should determine at the time. Congress refrained from any declaration as to slavery in the Territories. It was this policy of "non-intervention" which four years later furnished plausible excuse for the repeal of the Missouri Compromise.

It was not strange that there was general ignorance in all parts of the country as to the resources of the newly acquired territory. The rush to the goldfields precipitated action in respect to California. Before General Taylor, the newly elected President, was inaugurated, there was imminent need of an efficient government. An early act of the Administration was to send an agent to a.s.sist in the formation of a state Government, and a convention was immediately called to frame a const.i.tution. By unanimous vote of the convention, slavery was excluded. The const.i.tution was approved by popular vote and was presented to Congress for final acceptance in December, 1849.

In the meantime a great commotion had arisen among the people. Southern state legislatures pa.s.sed resolutions demanding that the rights of their peculiar inst.i.tution should be recognized in the new Territory. Northern legislatures responded with resolutions favoring the admission of California as a State and the application of the Wilmot Proviso to the remaining territory. Northern Democrats had very generally denied that the affair with Mexico had as a chief purpose the extension of slavery. Democrats therefore united with Whigs in maintaining the principle of free soil. In the South there was a corresponding fusion of the two parties in support of the sectional issue.