CHIEF JUSTICE TANEY AND MR. SUMNER.

The aversion with which the extreme anti-slavery men regarded Chief Justice Taney was strikingly exhibited during the session of Congress following his death. The customary mark of respect in providing a marble bust of the deceased to be placed in the Supreme Court room was ordered by the House without comment or objection. In the Senate the bill was regularly reported from the Judiciary Committee by the chairman, Mr. Trumbull of Illinois, who was at that time a recognized leader in the Republican party. The proposition to pay respect to the memory of the judge who had p.r.o.nounced the Dred Scott decision was at once savagely attacked by Mr. Sumner. Mr. Trumbull in reply warmly defended the character of the Chief Justice, declaring that he "had added reputation to the Judiciary of the United States throughout the world, and that he was not to be hooted down by exclamations about an emanc.i.p.ated country. Suppose he did make a wrong decision. No man is infallible.

He was a great, learned, able judge."

Mr. Sumner rejoined with much temper. He said that "Taney would be hooted down the pages of history, and that an emanc.i.p.ated country would fix upon his name the stigma it deserved. He had administered justice wickedly, had degraded the Judiciary, and had degraded the age." Mr. Wilson followed Mr. Sumner in a somewhat impa.s.sioned speech, denouncing the Dred Scott decision "as the greatest crime in the judicial annals of the Republic," and declaring it to be "the abhorrence, the scoff, the jeer, of the patriotic hearts of America." Mr. Reverdy Johnson answered Mr. Sumner with spirit, and p.r.o.nounced an eloquent eulogium upon Judge Taney. He said, "the senator from Ma.s.sachusetts will be happy if his name shall stand as high upon the historic page as that of the learned judge who is now no more." Mr. Johnson directed attention to the fact that, whether wrong or right, the Dred Scott decision was one in which a majority of the Supreme Court had concurred, and therefore no special odium should be attached to the name of the venerable Chief Justice. Mr. Johnson believed the decision to be right, and felt that his opinion on a question of law was at least ent.i.tled to as much respect as that of either of the senators from Ma.s.sachusetts, "one of whom did not pretend to be a lawyer at all, while the other was a lawyer for only a few months." He proceeded to vindicate the historical accuracy of the Chief Justice, and answered Mr.

Sumner with that amplitude and readiness which Mr. Johnson displayed in every discussion involving legal questions.

Mr. Sumner's protest was vigorously seconded by Mr. Hale of New Hampshire and Mr. Wade of Ohio. The former said that a monument to Taney "would give the lie to all that had been said by the friends of justice, liberty, and down-trodden humanity," respecting the iniquity of the Dred Scott decision. Mr. Wade violently opposed the proposition. He avowed his belief that the "Dred Scott case was got up to give judicial sanction to the enormous iniquity that prevailed in every branch of our government at that period." He declared that "the greater you make Judge Taney's legal ac.u.men the more you dishonor his memory by showing that he sinned against light and knowledge." He insisted that the people of Ohio, whose opinion he professed to represent, "would pay two thousand dollars to hang the late Chief Justice in effigy rather than one thousand dollars for a bust to commemorate his merits."

Mr. McDougall of California spoke in favor of the bill, and commented on the rudeness of Mr. Sumner's speech. Mr. Carlile of West Virginia spoke very effectively in praise of the Chief Justice. If the decision was harsh, he said, no one was justified in attributing it to the personal feelings or desires of the Chief Justice. It was the law he was expounding, and he did it ably and conscientiously.

Mr. Sumner concluded the debate by a reply to Reverdy Johnson. He said that, in listening to the senator from Maryland, he was "reminded of a character, known to the Roman Church, who always figures at the canonization of a saint as the _Devil's advocate_."

He added that, if he could help it, "Taney should never be recognized as a saint by any vote of Congress." The incidents of the debate and the names of the partic.i.p.ants are given as affording a good ill.u.s.tration of the tone and temper of the times. It was made evident that the opponents of the bill, under Mr. Sumner's lead, would not permit it to come to a vote. It was therefore abandoned on the 23d of February, 1865.

HONORS TO TWO CHIEF JUSTICES.

Nine years after these proceedings, in January, 1874, the name of another Chief Justice, who had died during the recess, came before Congress for honor and commemoration. The Senate was still controlled by a large Republican majority, though many changes had taken place.

All the senators who had spoken in the previous debate were gone, except Mr. Sumner, who had meanwhile been chosen for his fourth term, and Mr. Wilson, who had been elevated to the Vice-Presidency.

Mr. Howe of Wisconsin, a more radical Republican than Mr. Trumbull, reported from the Judiciary Committee a bill originally proposed by Senator Stevenson of Kentucky, paying the same tribute of respect to Roger Brooke Taney and Salmon Portland Chase. The bill was pa.s.sed without debate and with the unanimous consent of the Senate.

Mr. Taney was appointed Chief Justice in 1836, when in his sixtieth year. He presided over the court until his death in October, 1864, a period of twenty-eight years. The Dred Scott decision received no respect after Mr. Lincoln became President, and, without reversal by the court, was utterly disregarded. When Mr. Chase became Chief Justice, colored persons were admitted to practice in the courts of the United States. When President Lincoln, in 1861, authorized the denial of the writ of _habeas corpus_ to persons arrested on a charge of treason, Chief Justice Taney delivered an opinion in the case of John Merryman, denying the President's power to suspend the writ, declaring that Congress only was competent to do it.

The Executive Department paid no attention to the decision, and Congress, at the ensuing session, added its sanction to the suspension. The Chief Justice, though loyal to the Union, was not in sympathy with the policy or the measures of Mr. Lincoln's administration.

CHAPTER VII.

Review (_continued_).--Continuance of the Struggle for Kansas.-- List of Governors.--Robert J. Walker appointed Governor by President Buchanan.--His Failure.--The Lecompton Const.i.tution fraudulently adopted.--Its Character.--Is transmitted to Congress by President Buchanan.--He recommends the Admission of Kansas under its Provisions.

--p.r.o.nounces Kansas a Slave State.--Gives Full Scope and Effect to the Dred Scott Decision.--Senator Douglas refuses to sustain the Lecompton Iniquity.--His Political Embarra.s.sment.--Breaks with the Administration.--Value of his Influence against Slavery in Kansas.

--Lecompton Bill pa.s.ses the Senate.--Could not be forced through the House.--The English Bill subst.i.tuted and pa.s.sed.--Kansas spurns the Bribe.--Douglas regains his Popularity with Northern Democrats.

--Illinois Republicans bitterly hostile to him.--Abraham Lincoln nominated to contest the Re-election of Douglas to the Senate.-- Lincoln challenges Douglas to a Public Discussion.--Character of Each as a Debater.--They meet Seven Times in Debate.--Douglas re- elected.--Southern Senators arraign Douglas.--His Defiant Answer.

--Danger of Sectional Division in the Democratic Party.

The Dred Scott decision, in connection with the Democratic triumph in the national election, had a marked effect upon the struggle for Kansas. The pro-slavery men felt fresh courage for the work, as they found themselves a.s.sured of support from the administration, and upheld by the dogmas of the Supreme Court. The Territory thus far had been one continued scene of disorder and violence. For obvious reasons, the administration of President Pierce had selected its governors from the North, and each, in succession, failed to placate the men who were bent on making Kansas a slave State.

Andrew H. Reeder, Wilson Shannon, John W. Geary, had, each in turn, tried, and each in turn failed. Mr. Buchanan now selected Robert J. Walker for the difficult task. Mr. Walker was a Southern man in all his relations, though by birth a Pennsylvanian. He had held high stations, and possessed great ability. It was believed that he, if any one, could govern the Territory in the interest of the South, and, at the same time, retain a decent degree of respect and confidence in the North. As an effective aid to this policy, Frederick P. Stanton, who had acquired an honorable reputation as representative in Congress from Tennessee, was sent out as secretary of the Territory.

THE LECOMPTON CONSt.i.tUTION.

Governor Walker failed. He could do much, but he could not placate an element that was implacable. Contrary to his desires, and against his authority, a convention, called by the fraudulent Legislature, and meeting at Lecompton, submitted a pro-slavery const.i.tution to the people, preparatory to asking the admission of Kansas as a State. The people were not permitted to vote for or against the const.i.tution, but were narrowed to the choice of taking the const.i.tution with slavery or the const.i.tution without slavery.

If the decision should be adverse to slavery, there were still some provisions in the const.i.tution, not submitted to popular decision, which would postpone the operation of the free clause. The whole contrivance was fraudulent, wicked, and in retrospect incredible.

Naturally the Free-state men refused to have any thing to do with the scandalous device, intended to deceive and betray them. The const.i.tution with slavery was, therefore, adopted by an almost unanimous vote of those who were not citizens of Kansas. Many thousands of votes were returned which were never cast at all, either by citizens of Kansas or marauders from Missouri. It is not possible, without using language that would seem immoderate, to describe the enormity of the whole transaction. The const.i.tution no more represented the will or the wishes of the people of Kansas than of the people of Ohio or Vermont.

Shameful and shameless as was the entire procedure, it was approved by Mr. Buchanan. The Lecompton Const.i.tution was transmitted to Congress, accompanied by a message from the President recommending the prompt admission of the State. He treated the anti-slavery population of Kansas as in rebellion against lawful authority, recognized the invaders from Missouri as rightfully ent.i.tled to form a const.i.tution for the State, and declared that "Kansas is at this moment (Feb. 2, 1858) as much a slave State as Georgia or South Carolina." The Dred Scott decision occupied a prominent place in this extraordinary message and received the most liberal interpretation in favor of slavery. The President declared that "it has been solemnly adjudged by the highest judicial tribunal known to our laws that slavery exists in Kansas by virtue of the Const.i.tution of the United States." This was giving the fullest scope to the extreme and revolting doctrine put forward by the advocates of slavery, and, had it been made effective respecting the Territories, there are many reasons for believing that a still more offensive step might have been taken respecting the anti- slavery action of the States.

The attempt to admit Kansas, under the Lecompton Const.i.tution, proved disastrous to the Democratic party. The first decided break was that of Senator Douglas. He refused to sustain the iniquity.

He had gone far with the pro-slavery men, but he refused to take this step. He had borne great burdens in their interest, but this was the additional pound that broke the back of his endurance.

When the Dred Scott decision was delivered, Mr. Douglas had applauded it, and, as Mr. Lincoln charged, had a.s.sented to it before it was p.r.o.nounced. With his talent for political device, he had doubtless contrived some argument or fallacy by which he could reconcile that judicial edict with his doctrine of "popular sovereignty," and thus maintain his standing with the Northern Democracy without losing his hold on the South. But events traveled too rapidly for him.

The pro-slavery men were so eager for the possession of Kansas that they could not adjust their measures to the needs of Mr. Douglas's political situation. They looked at the question from one point, Mr. Douglas from another. They saw that if Kansas could be forced into the Union with the Lecompton Const.i.tution they would gain a slave State. Mr. Douglas saw that if he should aid in that political crime he would lose Illinois. It was more important to the South to secure Kansas as a slave State than to carry Illinois for Mr.

Douglas. It was more important for Mr. Douglas to hold Illinois for himself than to give the control of Kansas to the South.

Indeed, his Northern friends had been for some time persuaded that his only escape from the dangerous embarra.s.sments surrounding him was in the admission of Kansas as a free State. If the Missouri Compromise had not been repealed, a free State was a.s.sured. If Kansas should become a slave State in consequence of that repeal, it would, in the excited condition of the popular mind, crush Douglas in the North, and bring his political career to a discreditable end.

Mr. Douglas had come, therefore, to the parting of the ways. He realized that he was rushing on political destruction, and that, if he supported the vulgar swindle perpetrated at Lecompton, he would be repudiated by the great State which had exalted him and almost idolized him as a political leader. He determined, therefore, to take a bold stand against the administration on this issue. It was an important event, not only to himself, but to his party; not only to his party, but to the country. Rarely, in our history, has the action of a single person been attended by a public interest as universal; by applause so hearty in the North, by denunciation so bitter in the South. In the debate which followed, Douglas exhibited great power. He had a tortuous record to defend, but he defended it with extraordinary ability and adroitness. From time to time, during the progress of the contest, he was on the point of yielding to some compromise which would have destroyed the heroism and value of his position. But he was sustained by the strong will of others when he himself wavered--appalled, as he often was, by the sacrifice he was making of the Southern support, for which he had labored so long, and endured so much.

SENATOR BRODERICK'S DEATH.

Senator Broderick of California imparted largely of his own courage and enthusiasm to Douglas at the critical juncture, and perhaps saved him from a surrender of his proud position. Throughout the entire contest Broderick showed remarkable vigor and determination.

Considering the defects of his intellectual training in early life, he displayed unusual power as a political leader and public speaker.

He was a native of Washington, born of Irish parents, and was brought up to the trade of a stone-mason. He went to California among the pioneers of 1849, and soon after took part in the fierce political contests of the Pacific coast. Though a Democrat, he instinctively took the Northern side against the arrogant domination of the Southern wing of the party, led by William H. Gwin. Broderick was elected to the United States Senate as Gwin's colleague in 1856, and at once joined Douglas in opposition to the Lecompton policy of the administration. His position aroused fierce hostility on the part of the Democratic leaders of California. The contest grew so bitter in the autumn of 1859, when Broderick was canva.s.sing his State, as to lead to a duel with Judge Terry, a prominent Democrat of Southern birth. Broderick was killed at the first fire. The excitement was greater in the country than ever attended a duel, except when Hamilton fell at the hands of Burr in 1804.

The Graves and Cilley duel of 1838, with its fatal ending, affected the whole nation, but not so profoundly as did the death of Broderick.

The oration of Senator Baker, delivered in San Francisco at the funeral, so stirred the people that violence was feared. The b.l.o.o.d.y tragedy influenced political parties, and contributed in no small degree to Lincoln's triumph in California the ensuing year.

In the peculiar position in which Douglas was placed, still maintaining his membership of the Democratic party while opposing the administration on the Lecompton question, he naturally resorted to arguments which were not always of a character to enlist the approval of men conscientiously opposed to slavery. The effect of the arguments, however, was invaluable to those who were resisting the imposition of slavery upon Kansas against the wish of a majority of her people, and Republicans could be content with the end without justifying the means. Douglas frankly avowed that he did not care whether slavery was voted up or voted down, but he demanded that an honest, untrammeled ballot should be secured to the citizens of the Territory. Without the aid of Douglas, the "Crime against Kansas," so eloquently depicted by Mr. Sumner, would have been complete. With his aid, it was prevented.

The Lecompton Bill pa.s.sed the Senate by a vote of 33 to 25. Besides Broderick, Douglas carried with him only two Democratic senators, --Stuart of Michigan, and Pugh of Ohio. The two remaining members of the old Whig party from the South, who had been wandering as political orphans since the disastrous defeat of 1852,--Bell of Tennessee, and Crittenden of Kentucky,--honored themselves and the ancient Whig traditions by voting against the bill. In view of the events of the preceding four years, it was a significant spectacle in the Senate when Douglas voted steadily with Seward and Sumner and Fessenden and Wade against the political a.s.sociations of a lifetime. It meant, to the far-seeing, more than a temporary estrangement, and it foretold results in the political field more important than any which had been developed since the foundation of the Republican party.

The resistance to the Lecompton Bill in the House was unconquerable.

The Administration could not, with all its power and patronage, enforce its pa.s.sage. Anxious to avert the mortification of an absolute and unqualified defeat, the supporters of the scheme changed their ground, and offered a new measure, moved by Mr.

William H. English of Indiana, submitting the entire const.i.tution to a vote of the people. If adopted, the const.i.tution carried with it a generous land grant to the new State. If rejected, the alternative was not only the withdrawal of the land grant, but indefinite postponement of the whole question of admission. It was simply a bribe, cunningly and unscrupulously contrived, to induce the people of Kansas to accept a pro-slavery const.i.tution.

It was not so outrageous as it would have been to force the const.i.tution upon the people without allowing them to vote upon it at all, and it gave a shadow of excuse to certain Democrats, who did not wish to separate from their party, for returning to the ranks. The bill was at last forced through the House by 112 votes to 103. Twelve Democrats, to their honor be it said, refused to yield. Douglas held all his political a.s.sociates from Illinois, while the President failed to consolidate the Democrats from Pennsylvania. John Hickman and Henry Chapman honorably and tenaciously held their ground to the last against every phase of the outrage. In New York, John B. Haskin and Horace F. Clarke refused to yield, though great efforts were made to induce them to support the administration. The Senate promptly concurred in the English proposition.

LECOMPTON CONSt.i.tUTION REJECTED.

But Kansas would not sell her birthright for a mess of pottage.

She had fought too long for freedom to be bribed to the support of slavery. She had at last a free vote, and rejected the Lecompton Const.i.tution, land grant and all, by a majority of more than ten thousand. The struggle was over. The pro-slavery men were defeated.

The North was victorious. The repeal of the Missouri Compromise had not brought profit or honor to those who planned it. It had only produced strife, anger, heart-burning, hatred. It had added many drops to the cup of bitterness between North and South, and had filled it to overflowing. It produced evil only, and that continually. The repeal, in the judgment of the North, was a great conspiracy against human freedom. In the Southern States it was viewed as an honest effort to recover rights of which they had been unjustly deprived. Each section held with firmness to its own belief, and the four years of agitation had separated them so widely that a return to fraternal feeling seemed impossible. Confidence, the plant of slowest growth, had been destroyed. Who could restore it to life and strength?

Douglas had, in large degree, redeemed himself in the North from the obloquy to which he had been subjected since the repeal of the Missouri Compromise. The victory for free Kansas was perhaps to an undue extent ascribed to him. The completeness of that victory was everywhere recognized, and the lawless intruders who had worked so hard to inflict slavery on the new Territory gradually withdrew.

In the South, Douglas was covered with maledictions. But for his influence, Southern men felt that Kansas would have been admitted with a pro-slavery const.i.tution, and the senatorial equality of the South firmly re-established. Northern Republicans, outside of Illinois, were in a forgiving frame of mind toward Douglas; and he had undoubtedly regained a very large share of his old popularity.

But Illinois Republicans were less amiable towards him. They would not forget that he had broken down an anti-slavery barrier which had been reared with toil and sanctified by time. He had not, as they alleged, turned back from any test exacted by the South, until he had reached the point where another step forward involved political death to himself. They would not credit his hostility to the Lecompton Const.i.tution to any n.o.bler motive than the instinct of self-preservation. This was a harsh judgment, and yet a most natural one. It inspired the Republicans of Illinois, and they prepared to contest the return of Douglas to the Senate by formally nominating Abraham Lincoln as an opposing candidate.

The contest that ensued was memorable. Douglas had an herculean task before him. The Republican party was young, strong, united, conscious of its power, popular, growing. The Democratic party was rent with faction, and the Administration was irrevocably opposed to the return of Douglas to the Senate. He entered the field, therefore, with a powerful opponent in front, and with defection and betrayal in the rear. He was everywhere known as a debater of singular skill. His mind was fertile in resources. He was master of logic. No man perceived more quickly than he the strength or the weakness of an argument, and no one excelled him in the use of sophistry and fallacy. Where he could not elucidate a point to his own advantage, he would fatally becloud it for his opponent. In that peculiar style of debate, which, in its intensity, resembles a physical contest, he had no equal. He spoke with extraordinary readiness. There was no halting in his phrase. He used good English, terse, vigorous, pointed. He disregarded the adornments of rhetoric,--rarely used a simile. He was utterly dest.i.tute of humor, and had slight appreciation of wit. He never cited historical precedents except from the domain of American politics. Inside that field his knowledge was comprehensive, minute, critical. Beyond it his learning was limited. He was not a reader. His recreations were not in literature. In the whole range of his voluminous speaking it would be difficult to find either a line of poetry or a cla.s.sical allusion. But he was by nature an orator; and by long practice a debater. He could lead a crowd almost irresistibly to his own conclusions. He could, if he wished, incite a mob to desperate deeds. He was, in short, an able, audacious, almost unconquerable opponent in public discussion.

LINCOLN AND DOUGLAS AS DEBATERS.

It would have been impossible to find any man of the same type able to meet him before the people of Illinois. Whoever attempted it would probably have been destroyed in the first encounter. But the man who was chosen to meet him, who challenged him to the combat, was radically different in every phase of character.

Scarcely could two men be more unlike, in mental and moral const.i.tutions, than Abraham Lincoln and Stephen A. Douglas. Mr.

Lincoln was calm and philosophic. He loved the truth for the truth's sake. He would not argue from a false premise, or be deceived himself or deceive others by a false conclusion. He had pondered deeply on the issues which aroused him to action. He had given anxious thought to the problems of free government, and to the destiny of the Republic. He had for himself marked out a path of duty, and he walked in it fearlessly. His mental processes were slower but more profound than those of Douglas. He did not seek to say merely the thing which was best for that day's debate, but the thing which would stand the test of time and square itself with eternal justice. He wished nothing to appear white unless it was white. His logic was severe and faultless. He did not resort to fallacy, and could detect it in his opponent, and expose it with merciless directness. He had an abounding sense of humor, and always employed it in ill.u.s.tration of his argument,--never for the mere sake of provoking merriment. In this respect he had the wonderful aptness of Franklin. He often taught a great truth with the felicitous brevity of an AEsop fable. His words did not flow in an impetuous torrent as did those of Douglas, but they were always well chosen, deliberate, and conclusive.

Thus fitted for the contest, these men proceeded to a discussion which at the time was so interesting so as to enchain the attention of the nation,--in its immediate effect so striking as to affect the organization of parties, in its subsequent effect so powerful as to change the fate of millions. Mr. Lincoln had opened his own canva.s.s by a carefully prepared speech in which, after quoting the maxim that a house divided against itself cannot stand, he uttered these weighty words: "I believe this government cannot endure permanently half slave, half free. I do not expect the Union to be dissolved; I do not expect the house to fall; but I do expect it will cease to be divided. It will become all one thing or all the other. Either the opponents of slavery will arrest the farther spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction, or its advocates will push it forward till it shall become alike lawful in all the States, old as well as new, north as well as south."

Mr. Lincoln had been warned by intimate friends to whom he had communicated the contents of his speech, in advance of its delivery, that he was treading on dangerous ground, that he would be misrepresented as a disunionist, and that he might fatally damage the Republican party by making its existence synonymous with a destruction of the government. But he was persistent. It was borne into his mind that he was announcing a great truth, and that he would be wronging his own conscience, and to the extent of his influence injuring his country, by withholding it, or in any degree qualifying its declaration. If there was a disposition to avoid the true significance of the contest with the South, he would not be a party to it. He believed he could discern the scope and read the destiny of the impending sectional controversy. He was sure he could see far beyond the present, and hear the voice of the future. He would not close the book; he would not shut his eyes; he would not stop his ears. He avowed his faith, and stood firmly to his creed.

Mr. Douglas naturally, indeed inevitably, made his first and leading speech against these averments of Mr. Lincoln. He had returned to Illinois, after the adjournment of Congress, with a disturbed and restless mind. He had one great ambition,--to re-instate himself as a leader of the national Democracy, and, as incidental and necessary to that end, to carry Illinois against Mr. Lincoln. The issue embodied in Mr. Lincoln's speech afforded him the occasion which he had coveted. His quick eye discerned an opportunity to exclude from the canva.s.s the disagreeable features in his own political career by arraigning Mr. Lincoln as an enemy of the Union and as an advocate of an internecine conflict in which the free States and the slave States should wrestle in deadly encounter.

Douglas presented his indictment artfully and with singular force.

The two speeches were in all respects characteristic. Each had made a strong presentation of his case, but the superior candor and directness of Mr. Lincoln had made a deep impression on the popular mind.

THE LINCOLN AND DOUGLAS DEBATE.

In the seven public debates which were held as the result of these preliminary speeches, the questions at issue were elaborately and exhaustively treated. The friends of each naturally claimed the victory for their own champion. The speeches were listened to by tens of thousands of eager auditors; but absorbing, indeed unprecedented, as was the interest, the vast throngs behaved with moderation and decorum. The discussion from beginning to end was an amplification of the position which each had taken at the outset.

The arguments were held close to the subject, relating solely to the slavery question, and not even incidentally referring to any other political issue. Protection, free trade, internal improvements, the sub-treasury, all the issues, in short, which had divided parties for a long series of years, and on which both speakers entertained very decided views, were omitted from the discussion.