The second proposition announced nothing new, as cases involving t.i.tles to slaves, or questions of personal freedom, must necessarily go for final determination to the courts, with a right of appeal.

The third proposition, like the second, was a mere plat.i.tude.

The bill accompanying the report, as first presented, required that any part of Nebraska Territory admitted as a state (as provided in the New Mexico and Utah Acts of 1850) "shall be received into the Union with or without slavery, as its Const.i.tution may prescribe at the time of admission." This, too, was not new in any sense, as new States had ever been thus received. The anti-slavery press and societies, and all people opposed to further slavery aggression and extension, at once took alarm and violently a.s.sailed the new doctrines of the report; the South, too, at first viewed them with surprise, denominating them "a snare set for the South," yet later regarded them as favorable to the extension of slavery. Southern statesmen, however, determined to force Douglas to amend them so as to accomplish the ends of the South. Accordingly, Senator Dixon of Kentucky, on January 16th, offered an amendment to the Nebraska Bill providing for the absolute repeal of the Missouri Compromise line. This amendment Douglas, apparently with reluctance,(81) accepted, after a consultation with Jefferson Davis, then Secretary of War, and President Pierce, both of whom promised it their support.(82)

January 23, 1854, Douglas presented a subst.i.tute for his original bill, wherein it was provided that the restriction of the Missouri Compromise "was superseded by the principles of the legislation of 1850, and is hereby declared inoperative."

The new bill divided the Territory in two parts; the southern, called Kansas, lay between 37 and 40 of lat.i.tude, extending west to the Rocky Mountains, and the northern was still called Nebraska.

As early as 1853 a movement in Missouri was started, avowedly to make Nebraska slave Territory, and this was well known to Douglas and the supporters of his newly announced doctrines. Kansas, lying farthest south, was climatically better suited for slavery than the new Nebraska. Before the bill pa.s.sed, plans were made to invade Kansas from Missouri and Arkansas by slaveholders with their slaves.

January 24, 1854, the _Appeal of the Independent Democrats in Congress to the People of the United States_ was published.

Chase and Giddings of Ohio were its authors; some verbal additions, however, were made to it by Sumner and Gerritt Smith.(83)

This _Appeal_ was signed by S. P. Chase, Charles Sumner, Joshua R.

Giddings, Edward Wade, Gerritt Smith, and Alexander De Witt; three at least of whom were then, or soon became first among the great statesmen opposed to human slavery. The _Appeal_ declared the new Nebraska Bill would "open all the unorganized Territories of the Union to the ingress of slavery." A plot to convert them "into a dreary region of despotism, inhabited by masters and slaves," to the exclusion of immigrants from the Old World and free laborers from our own States. It reviewed the history of Congressional legislation on slavery in the Territories, reciting, among other things, that President Monroe approved the Missouri Compromise after his Cabinet had given him a written opinion that the section restricting slavery was const.i.tutional.

John Quincy Adams, Secretary of State, John C. Calhoun, Secretary of War, Wm. H. Crawford, Secretary of the Treasury, and Wm. Wirt, Attorney-General--three from slave States--then const.i.tuted Monroe's Cabinet.

The _Appeal_ warningly proceeded:

"The dearest interests of freedom and the Union are in imminent peril. Demagogues may tell you that the Union can be maintained only by submitting to the demands of slavery. We tell you that the Union can only be maintained by the full recognition of the just claims of freedom and man. When it fails to accomplish these ends it will be worthless, and when it becomes worthless it cannot long endure... . Whatever apologies may be offered for the toleration of slavery in the States, none can be offered for its extension into the Territories where it does not exist, and where that extension involves the repeal of ancient law and the violation of solemn compact.

"For ourselves, we shall resist it by speech and vote, and with all the abilities which G.o.d has given us. Even if overcome in the impending struggle, we shall not submit. We shall go home to our const.i.tuents, erect anew the standard of freedom, and call on the people to come to the rescue of the country from the dominion of slavery. We will not despair; for the cause of human freedom is the cause of G.o.d."

These patriotic expressions electrified the whole country. The North was aroused to their truth, the South seized upon them as threats of disunion, and still louder than before, if possible, called for a united South to vindicate slavery's rights in the Territories. Douglas attempted in the Senate to answer the _Appeal_.

This led to an acrimonious debate, partic.i.p.ated in by Chase, Sumner, Seward, Everett, and others, too long to be reviewed here.

Senator Benjamin F. Wade, of Ohio, took a prominent part in the memorable debate over the Douglas-Nebraska Bill. He was bold, and never dealt in sophistry, but in plain speech.

Mr. Badger, of North Carolina, while making a slavery-dilution argument, appealingly said:

"Why, if some Southern gentleman wishes to take the nurse who takes charge of his little baby, or the old woman who nursed him in childhood, and whom he called 'Mammy' until he returned from college, ... and whom he wishes to take with him ... into one of these new Territories, ... why, in the name of G.o.d, should anybody prevent it?"

Mr. Wade responded:

"The Senator entirely mistakes our position. We have not the least objection, and would oppose no obstacle to the Senator's migrating to Kansas and taking his old 'Mammy' along with im. We only insist that he shall not be empowered to _sell_ her after taking her there."

Mr. Chase moved to amend the bill by adding the words:

"Under which the people of the Territories, through their appropriate representatives, may, if they see fit, prohibit the existence of slavery therein."

This amendment failed, but it served to test the good faith of those who supported the squatter sovereignty feature of the bill.

After a long struggle the bill pa.s.sed, and was approved by the President in May, 1854.

(79) Area of original thirteen States, 354,504 square miles.

(80) "Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States," etc.--Art. IV., Sec. 3, Con. U. S.

(81) _Three Decades of Fed. Leg._ (c.o.x), p. 49.

(82) _Rise and Fall Con. Government_ (Davis), vol. i., p. 28.

(83) Schucker's _Life of Chase_, p. 140.

XVIII KANSAS' STRUGGLE FOR FREEDOM

The storm that arose over the Nebraska Act was ominous of the future. Public meetings in New York and other great cities of the North were held, where it and slavery were denounced. The clergyman from the pulpit, the orator from the rostrum, and the great press of the North vehemently denounced the measure. Anti-slavery movements appeared everywhere.

And as Kansas was thrown open to settlement, with Missouri slaveholders already moved and organized to move in and take possession of and dedicate it to slavery under the new doctrine of Popular Sovereignty, emigration at once commenced from the North, encouraged and promoted by aid societies.

Douglas, in the next Congress (March, 1856), as Chairman of the Committee on Territories, made a report on Kansas affairs, condemning the action of the free State people and of the aid societies, referring especially to an imaginary "Emigration Aid Company" of Ma.s.sachusetts, with a capital of $5,000,000, and in consequence holding their existence justified the Border Ruffians of Missouri.

The crack of the rifle was soon to be heard on the plains of Kansas.

The first election in Kansas was held in November, 1854, when, by fraud and violence, Whitfield, a pro-slavery man, was elected delegate to Congress. Non-residents from Missouri cast the majority of votes at this election. Though not of the requisite population, this was regarded as the opportune time for Kansas' admission as a slave State. Douglas in his report so recommended.

The House, the political complexion of which had changed at the recent election, appointed Howard of Michigan, Sherman of Ohio, and Oliver of Missouri a special committee to investigate the Kansas outrages and election frauds.

A majority of this committee, July 1, 1856, reported, showing in a most conclusive way that frauds and outrages had been perpetrated to control the several Kansas elections.

From this report it appeared that in February, 1855, the total population of Kansas was 8501; slaves 242, free negroes 151. A lengthy debate ensued over the report and over Kansas affairs, Wade, Seward, Sumner, and others partic.i.p.ating.

Presidents Pierce and Buchanan successively appointed governor after governor of their party--Reeder, Shannon, Geary, Walker, Stanton--all of whom resigned or were removed because they each failed to support or endorse the determined and fraudulent efforts to make Kansas a slave State against the will of the majority of the resident people. Hon. J. W. Denver of Ohio, a sensible, quiet man, was the last of this long line of governors. One of them, Andrew Reeder, who was indicted with others for high treason on the ground of their partic.i.p.ation in the organization of a free State government under the Topeka Const.i.tution, for fear of a.s.sa.s.sination fled the territory in disguise. Robert J. Walker, though himself pro-slavery, firmly refused to partic.i.p.ate in forcing the Lecompton Const.i.tution on Kansas, even after President Buchanan, at the demand of his pro-slavery party friends, had decided Kansas should be admitted under it without its submission to a vote of the people. This Const.i.tution was framed at Lecompton by fraudulently elected delegates to a pro-slavery convention, and it provided for perpetual slavery in the State. In Governor Walker's letter of resignation, December 16, 1857, he said:

"I state it as a fact ... that an overwhelming majority of the people (of Kansas) are opposed to the Lecompton Const.i.tution... .

but one out of twenty of the press of Kansas sustains it... .

Any attempt by Congress to force this Const.i.tution upon the people of Kansas will be an effort to subst.i.tute the will of a small minority for that of an overwhelming majority of the people."

It is due to Douglas to say that he was opposed to the Lecompton Const.i.tution scheme of admission. He was doubtless disappointed in not having the South rally to his support and nominate him for President in 1856. A more pliant tool of the pro-slavery party from the North was given the preference in the person of Buchanan.

President Buchanan, having early expressed the purpose to support the Lecompton plan, announced this purpose to Douglas, and urged him to co-operate in admitting Kansas as a State under it, which, being refused, terminated their party relations. Douglas did not go far enough. Popular Sovereignty was only recognized by pro- slavery advocates when it insured the success of slavery; and it was now certain to make Kansas a free State if the actual settlers alone were permitted to vote unintimidated and their votes were honestly counted and returned.

On December 9, 1857, Douglas, almost heroically, in opposition to President Buchanan and his administration and the majority of his party in the Senate, denounced the Lecompton scheme, and showed that it was an attempt to foist slavery on Kansas against the will of the people.

The peculiar feature of the Lecompton Const.i.tution was that, while it was submitted to the vote of the people of Kansas, they were required to vote for it or not vote at all. The ballot provided required them to vote "_For the Const.i.tution with Slavery_," or "_For the Const.i.tution without Slavery_." Thus the Const.i.tution must be adopted, and necessarily with slavery, as there was no provision for excluding the clauses authorizing it. At an election, where for fraud and violence nothing thitherto had approached it, and by the special feature of ballot-box stuffing (actual settlers generally being driven from the polls when willing to vote), this Const.i.tution was returned adopted by about 6000 majority in favor of slavery.(84)

The Senate, March 23, 1858, pa.s.sed (33 to 25) a bill to admit Kansas as a State under the Lecompton Const.i.tution, _with slavery;_ but notwithstanding the active efforts of the Administration, the House (120 to 112) so amended the Senate bill as to require it, before the State was admitted, to be voted on by the people, the ballot to be--"For the Const.i.tution" or "Against the Const.i.tution." This amendment the Senate reluctantly concurred in.

On January 4, 1858, according to an act of the Territorial Legislature, a vote was again taken and, notwithstanding many temptations offered in lands, etc., and the desire for statehood, this Const.i.tution was rejected by over 10,000 majority.

February 11, 1859, the Territorial Legislature authorized another convention to form a const.i.tution. Fifty-two delegates were elected, and they met July 5, 1859, at Wyandotte, and on the 27th adjourned after framing a const.i.tution prohibiting slavery, and limiting and establishing the western boundary of Kansas as it now is. This Const.i.tution was ratified at an election held in October following.

April 11, 1860, the House of Representatives pa.s.sed a bill (134 to 73) for the admission of Kansas under this Wyandotte Const.i.tution, but a similar bill failed in the Senate, and both Houses adjourned, still leaving Kansas a Territory.

January 29, 1861, when secession had depleted Congress of many members, Kansas was admitted under the Wyandotte Const.i.tution--_a free State_.

This last struggle for slavery extension was by no means bloodless.