CHAPTER VIII
THE SLAVERY QUESTION
The Compromise of 1850, though welcomed on all sides as a final settlement, failed as completely as the Missouri Compromise had succeeded. It has already been said that the fault was not in any lack of skill in the actual framing of the plan. As a piece of political workmanship it was even superior to Clay's earlier masterpiece, as the rally to it at the moment of all but the extreme factions, North and South, sufficiently proves. That it did not stand the wear of a few years as well as the earlier settlement had stood the wear of twenty was due to a change in conditions, and to understand that change it is necessary to take up again the history of the Slavery Question where the founders of the Republic left it.
It can hardly be said that these great men were wrong in tolerating Slavery. Without such toleration at the time the Union could not have been achieved and the American Republic could not have come into being. But it can certainly be said that they were wrong in the calculation by means of which they largely justified such toleration not so much to their critics as to their own consciences. They certainly expected, when they permitted Slavery for a season, that Slavery would gradually weaken and disappear. But as a fact it strengthened itself, drove its roots deeper, gained a measure of moral prestige, and became every year harder to destroy.
Whence came their miscalculation? In part no doubt it was connected with that curious and recurrent illusion which postulates in human affairs – a thing called "Progress." This illusion, though both logically and practically the enemy of reform – for if things of themselves tend to grow better, why sweat and agonize to improve them? – is none the less characteristic, generally speaking, of reforming epochs, and it was not without its hold over the minds of the American Fathers. But there were also certain definite causes, some of which they could hardly have foreseen, some of which they might, which account for the fact that Slavery occupied a distinctly stronger position halfway through the nineteenth century than it had seemed to do at the end of the eighteenth.
The main cause was an observable fact of psychology, of which a thousand examples could be quoted, and which of itself disposes of the whole "Progressive" thesis – the ease with which the human conscience gets used to an evil. Time, so far from being a remedy – as the "Progressives" do vainly talk – is always, while no remedy is attempted, a factor in favour of the disease. We have seen this exemplified in the course of the present war. The mere delay in the punishment of certain gross outrages against the moral traditions of Europe has made those outrages seem just a little less horrible than they seemed at first, so that men can even bear to contemplate a peace by which their authors should escape punishment – a thing which would have been impossible while the anger of decent men retained its virginity. So it was with Slavery. Accepted at first as an unquestionable blot on American Democracy, but one which could not at the moment be removed, it came gradually to seem something normal. A single illustration will show the extent of this decline in moral sensitiveness. In the first days of the Republic Jefferson, a Southerner and a slave-owner, could declare, even while compromising with Slavery, that he trembled for his country when he remembered that God was just, could use of the peril of a slave insurrection this fine phrase: "The Almighty has no attribute that could be our ally in such a contest." Some sixty years later, Stephen Douglas, as sincere a democrat as Jefferson, and withal a Northerner with no personal interest in Slavery, could ask contemptuously whether if Americans were fit to rule themselves they were not fit to rule "a few niggers."
The next factor to be noticed was that to which Jefferson referred in the passage quoted above – the constant dread of a Negro rising. Such a rising actually took place in Virginia in the first quarter of the nineteenth century. It was a small affair, but the ghastly massacre of whites which accompanied it was suggestive of the horrors that might be in store for the South in the event of a more general movement among the slaves. The debates which this crisis produced in the Virginian legislature are of remarkable interest. They show how strong the feeling against Slavery as an institution still was in the greatest of Slave States. Speaker after speaker described it as a curse, as a permanent peril, as a "upas tree" which must be uprooted before the State could know peace and security. Nevertheless they did not uproot it. And from the moment of their refusal to uproot it or even to make a beginning of uprooting it they found themselves committed to the opposite policy which could only lead to its perpetuation. From the panic of that moment date the generality of the Slave Codes which so many of the Southern States adopted – codes deliberately framed to prevent any improvement in the condition of the slave population and to make impossible even their peaceful and voluntary emancipation.
There was yet another factor, the economic one, which to most modern writers, starting from the basis of historical materialism, has necessarily seemed the chief of all. It was really, I think, subsidiary, but it was present, and it certainly helped to intensify the evil. It consisted in the increased profitableness of Slavery, due, on the one hand, to the invention in America of Whitney's machine for extracting cotton, and, on the other, to the industrial revolution in England, and the consequent creation in Lancashire of a huge and expanding market for the products of American slave labour. This had a double effect. It not only strengthened Slavery, but also worsened its character. In place of the generally mild and paternal rule of the old gentlemen-planters came in many parts of the South a brutally commercial régime, which exploited and used up the Negro for mere profit. It was said that in this further degradation of Slavery the agents were often men from the commercial North; nor can this be pronounced a mere sectional slander in view of the testimony of two such remarkable witnesses as Abraham Lincoln and Mrs. Beecher Stowe.
All these things tended to establish the institution of Slavery in the Southern States. Another factor which, whatever its other effects, certainly consolidated Southern opinion in its defence, was to be found in the activities of the Northern Abolitionists.
In the early days of the Republic Abolition Societies had existed mainly, if not exclusively, in the South. This was only natural, for, Slavery having disappeared from the Northern States, there was no obvious motive for agitating or discussing its merits, while south of the Mason-Dixon line the question was still a practical one. The Southern Abolitionists do not appear to have been particularly unpopular with their fellow-citizens. They are perhaps regarded as something of cranks, but as well-meaning cranks whose object was almost everywhere admitted to be theoretically desirable. At any rate, there is not the suspicion of any attempt to suppress them; indeed, the very year before the first number of the Liberator was published in Boston, a great Conference of Anti-Slavery Societies, comprising delegates from every part of the South, met at Baltimore, the capital city of the Slave State of Maryland.
Northern Abolitionism was, however, quite a different thing. It owed its inception to William Lloyd Garrison, one of those enthusiasts who profoundly affect history solely by the tenacity with which they hold to and continually enforce a burning personal conviction. But for that tenacity and the unquestionable influence which his conviction exerted upon men, he would be a rather ridiculous figure, for he was almost every sort of crank – certainly a non-resister, and, I think, a vegetarian and teetotaller as well. But his burning conviction was the immorality of Slavery; and by this he meant something quite other than was meant by Jefferson or later by Lincoln. When these great men spoke of Slavery as a wrong, they regarded it as a social and political wrong, an evil and unjust system which the community as a community ought as soon as possible to abolish and replace by a better. But by Garrison slave-holding was accounted a personal sin like murder or adultery. The owner of slaves, unless he at once emancipated them at whatever cost to his own fortunes, was by that fact a wicked man, and if he professed a desire for ultimate extinction of the institution, that only made him a hypocrite as well. This, of course, was absurd; fully as absurd as the suggestion sometimes made in regard to wealthy Socialists, that if they were consistent they would give up all their property to the community. A man living under an economic system reposing on Slavery can no more help availing himself of its fruits than in a capitalist society he can help availing himself of capitalist organization. Obviously, unless he is a multi-millionaire, he cannot buy up all the slaves in the State and set them free, while, if he buys some and treats them with justice and humanity, he is clearly making things better for them than if he left them in the hands of masters possibly less scrupulous. But, absurd as the thesis was, Garrison pushed it to its wildest logical conclusions. No Christian Church ought, he maintained, to admit a slave-owner to communion. No honest man ought to count a slave-owner among his friends. No political connection with slave-owners was tolerable. The Union, since it involved such a connection, was "a Covenant with Death and an Agreement with Hell." Garrison publicly burnt the Constitution of the United States in the streets of Boston.
Abolitionist propaganda of this kind was naturally possible only in the North. Apart from all questions of self-interest, no Southerner, no reasonable person who knew anything about the South, though the knowledge might be as superficial and the indignation against Slavery as intense as was Mrs. Beecher Stowe's, could possibly believe the proposition that all Southern slave-owners were cruel and unjust men. But that was not all. Garrison's movement killed Southern Abolitionism. It may, perhaps, be owned that the Southern movement was not bearing much visible fruit. There was just a grain of truth, it may be, in Garrison's bitter and exaggerated taunt that the Southerners were ready enough to be Abolitionists if they were allowed "to assign the guilt of Slavery to a past generation, and the duty of emancipation to a future generation." Nevertheless, that movement was on the right lines. It was on Southern ground that the battle for the peaceful extinction of Slavery ought to have been fought. The intervention of the North would probably in any case have been resented; accompanied by a solemn accusation of specific personal immorality it was maddeningly provocative, for it could not but recall to the South the history of the issue as it stood between the sections. For the North had been the original slave-traders. The African Slave Trade had been their particular industry. Boston itself, when the new ethical denunciation came, had risen to prosperity on the profits of that abominable traffic. Further, even in the act of clearing its own borders of Slavery, the North had dumped its negroes on the South. "What," asked the Southerners, "could exceed the effrontery of men who reproach us with grave personal sin in owning property which they themselves have sold us and the price of which is at this moment in their pockets?"
On a South thus angered and smarting under what is felt to be undeserved reproach, yet withal somewhat uneasy in its conscience, for its public opinion in the main still thought Slavery wrong, fell the powerful voice of a great Southerner proclaiming it "a positive good." Calhoun's defence of the institution on its merits probably did much to encourage the South to adopt a more defiant tone in place of the old apologies for delay in dealing with a difficult problem – apologies which sounded over-tame and almost humiliating in face of the bold invectives now hurled at the slave-owners by Northern writers and speakers. I cannot, indeed, find that Calhoun's specific arguments, forcible as they were – and they are certainly the most cogent that can be used in defence of such a thesis – were particularly popular, or, in fact, were ever used by any but himself. Perhaps there was a well-founded feeling that they proved too much. For Calhoun's case was as strong for white servitude as for black: it was a defence, not especially of Negro Slavery, but of what Mr. Belloc has called "the Servile State." More general, in the later Southern defences, was the appeal to religious sanctions, which in a nation Protestant and mainly Puritan in its traditions naturally became an appeal to Bible texts. St. Paul was claimed as a supporter of the fugitive slave law on the strength of his dealings of Onesimus. But the favourite text was that which condemns Ham (assumed to be the ancestor of the Negro race) to be "a servant of servants." The Abolitionist text-slingers were not a whit more intelligent; indeed, I think it must be admitted that on the whole the pro-Slavery men had the best of this absurd form of controversy. Apart from isolated texts they had on their side the really unquestionable fact that both Old and New Testaments describe a civilization based on Slavery, and that in neither is there anything like a clear pronouncement that such a basis is immoral or displeasing to God. It is true that in the Gospels are to be found general principles or, at any rate, indications of general principles, which afterwards, in the hands of the Church, proved largely subversive of the servile organization of society; but that is a matter of historical, not of Biblical testimony, and would, if followed out, have led both Northern and Southern controversialists further than either of them wanted to go.
It would, however, be hasty, I think, to affirm that even to the very end of these processes a majority of Southerners thought with Calhoun that Slavery was "a positive good." The furthest, perhaps, that most of them went was the proposition that it represented the only relationship in which white and black races could safely live together in the same community – a proposition which was countenanced by Jefferson and, to a considerable extent at least, by Lincoln. To the last the full Jeffersonian view of the inherent moral and social evil of Slavery was held by many Southerners who were none the less wholeheartedly on the side of their own section in the sectional dispute. The chief soldier of the South in the war in which that dispute culminated both held that view and acted consistently upon it.
On the North the effect of the new propaganda was different, but there also it tended to increase the antagonism of the sections. The actual Abolitionists of the school of Garrison were neither numerous nor popular. Even in Boston, where they were strongest, they were often mobbed and their meetings broken up. In Illinois, a Northern State, one of them, Lovejoy, was murdered by the crowd. Such exhibitions of popular anger were not, of course, due to any love of Slavery. The Abolitionists were disliked in the North, not as enemies of Slavery but as enemies of the Union and the Constitution, which they avowedly were. But while the extreme doctrine of Garrison and his friends met with little acceptance, the renewed agitation of the question did bring into prominence the unquestionable fact that the great mass of sober Northern opinion thought Slavery a wrong, and in any controversy between master and slave was inclined to sympathize with the slave. This feeling was probably somewhat strengthened by the publication in 1852 and the subsequent huge international sale of Mrs. Stowe's "Uncle Tom's Cabin." The practical effect of this book on history is generally exaggerated, partially in consequence of the false view which would make of the Civil War a crusade against Slavery. But a certain effect it undoubtedly had. To such natural sympathy in the main, and not, as the South believed, to sectional jealousy and deliberate bad faith, must be attributed those "Personal Liberty Laws" by which in many Northern States the provision of the Constitution guaranteeing the return of fugitive slaves was virtually nullified. For some of the provisions of those laws an arguable constitutional case might be made, particularly for the provision which assured a jury trial to the escaped slave. The Negro, it was urged, was either a citizen or a piece of property. If he were a citizen, the Constitution expressly safeguarded him against imprisonment without such a trial. If, on the other hand, he were property, then he was property of the value of more than $50, and in cases where property of that value was concerned, a jury was also legally required. If two masters laid claim to the same Negro the dispute between them would have to be settled by a jury. Why should it not be so where a master claimed to own a Negro and the Negro claimed to own himself? Nevertheless, the effect, and to a great extent the intention, of these laws was to defeat the claim of bonâ fide owners to fugitive slaves, and as such they violated at least the spirit of the constitutional compact. They therefore afforded a justification for Clay's proposal to transfer the power of recovering fugitive slaves to the Federal authorities. But they also afforded an even stronger justification for Lincoln's doubt as to whether the American Commonwealth could exist permanently half slave and half free.
Finally, among the causes which made a sectional struggle the more inevitable must be counted one to which allusion has already been made in connection with the Presidential Election of 1848 – the increasingly patent unreality of the existing party system. I have already said that a party system can endure only if it becomes unreal, and it may be well here to make clear how this is so.
Fundamental debates in a Commonwealth must be settled, or the Commonwealth dies. How, for instance, could England have endured if, throughout the eighteenth century, the Stuarts had alternately been restored and deposed every seven years? Or, again, suppose a dispute so fundamental as that between Collectivism and the philosophy of private property. How could a nation continue to exist if a Collectivist Government spent five years in attempting the concentration of all the means of production in the hands of the State and an Anti-Collectivist Government spent the next five years in dispersing them again, and so on for a generation? American history, being the history of a democracy, illustrates this truth with peculiar force. The controversy between Jefferson and Hamilton was about realities. The Jeffersonians won, and the Federalist Party disappeared. The controversy between Jackson and the Whigs was originally also real. Jackson won, and the Whigs would have shared the fate of the Federalists if they stood by their original principles and refused to accept the consequences of the Jacksonian Revolution. As a fact, however, they did accept these consequences and so the party system endured, but at the expense of its reality. There was no longer any fundamental difference of principle dividing Whigs from Democrats: they were divided arbitrarily on passing questions of policy, picked up at random and changing from year to year. Meanwhile a new reality was dividing the nation from top to bottom, but was dividing it in a dangerously sectional fashion, and for that reason patriotism as well as the requirements of professional politics induced men to veil it as much as might be. Yet its presence made the professional play-acting more and more unmeaning and intolerable.
It was this state of things which made possible the curious interlude of the "Know-Nothing" movement, which cannot be ignored, though it is a kind of digression from the main line of historical development. The United States had originally been formed by the union of certain seceding British colonies, but already, as a sort of neutral ground in the New World, their territory had become increasingly the meeting-place of streams of emigration from various European countries. As was natural, a certain amount of mutual jealousy and antagonism was making itself apparent as between the old colonial population and the newer elements. The years following 1847 showed an intensification of the problem due to a particular cause. That year saw the Black Famine in Ireland and its aggravation by the insane pedantry and folly of the British Government. Innumerable Irish families, driven from the land of their birth, found a refuge within the borders of the Republic. They brought with them their native genius for politics, which for the first time found free outlet in a democracy. They were accustomed to act together and they were soon a formidable force. This force was regarded by many as a menace, and the sense of menace was greatly increased by the fact that these immigrants professed a religious faith which the Puritan tradition of the States in which they generally settled held in peculiar abhorrence.
The "Know-Nothings" were a secret society and owed that name to the fact that members, when questioned, professed to know nothing of the ultimate objects of the organization to which they belonged. They proclaimed a general hostility to indiscriminate immigration, for which a fair enough case might be made, but they concentrated their hostility specially on the Irish Catholic element. I have never happened upon any explanation of the secrecy with which they deliberately surrounded their aims. It seems to me, however, that a possible explanation lies on the surface. If all they had wanted had been to restrict or regulate immigration, it was an object which could be avowed as openly as the advocacy of a tariff or of the restriction of Slavery in a territory. But if, as their practical operations and the general impression concerning their intentions seem to indicate, the real object of those who directed the movement was the exclusion from public trust of persons professing the Catholic religion, then, of course, it was an object which could not be avowed without bringing them into open conflict with the Constitution, which expressly forbade such differentiation on religious grounds.
Between the jealousy of new immigrants felt by the descendants of the original colonists and the religious antagonism of Puritan New England to the Catholic population growing up within its borders; intensified by the absence of any genuine issue of debate between the official candidates, the Know-Nothings secured at the Congressional Election of 1854 a quite startling measure of success. But such success had no promise of permanence. The movement lived long enough to deal a death-blow to the Whig Party, already practically annihilated by the Presidential Election of 1852, wherein the Democrats, benefiting by the division and confusion of their enemies, easily returned their candidate, Franklin Pierce.
It is now necessary to return to the Compromise of 1850, hailed at the time as a final settlement of the sectional quarrel and accepted as such in the platforms of both the regular political parties. That Compromise was made by one generation. It was to be administered by another. Henry Clay, as has already been noted, lived long enough to enjoy his triumph, not long enough to outlive it. Before a year was out the grave had closed over Webster. Calhoun had already passed away, bequeathing to posterity his last hopeless protest against the triumph of all that he most feared. Congress was full of new faces. In the Senate among the rising men was Seward of New York, a Northern Whig, whose speech in opposition to the Fugitive Slave clause in Clay's Compromise had given him the leadership of the growing Anti-Slavery opinion of the North. He was soon to be joined by Charles Sumner of Massachusetts, null in judgment, a pedant without clearness of thought or vision, but gifted with a copious command of all the rhetoric of sectional hate. The place of Calhoun in the leadership of the South had been more and more assumed by a soldier who had been forced to change his profession by reason of a crippling wound received at Monterey. Thenceforward he had achieved an increasing repute in politics, an excellent orator, with the sensitive face rather of a poet than of a man of affairs, vivid, sincere and careful of honour, though often uncertain in temper and judgment: Jefferson Davis of Mississippi. But for the moment none of these so dominated politics as did the Westerner whom Illinois had recently sent to the Senate – Stephen Douglas, surnamed "the Little Giant."
The physical impression which men seem to have received most forcibly concerning Douglas, and which was perhaps responsible for his nickname, was the contrast between his diminutive stature and the enormous power of his voice – trained no doubt in addressing the monster meetings of the West, where tens of thousands crowded everywhere to hear him speak. Along with this went the sense of an overwhelming vitality about the man; he seemed tingling with excess of life. His strong, square, handsome face bore a striking resemblance to that of Napoleon Bonaparte, and there was really something Napoleonic in his boldness, his instinctive sense of leadership, and his power of dominating weaker men. Withal he was a Westerner – perhaps the most typical and complete Westerner in American history, for half of Clay was of Washington, and Jackson and Lincoln were too great to be purely sectional. He had a Westerner's democratic feeling and a Westerner's enthusiasm for the national idea. But, especially, he had a peculiarly Western vision which is the key to a strangely misunderstood but at bottom very consistent political career.
This man, more than any other, fills American history during the decade that intervened between the death of Clay and the election of Lincoln. That decade is also full of the ever-increasing prominence of the Slavery Question. It is natural, therefore, to read Douglas's career in terms of that question, and historians, doing so, have been bewildered by its apparent inconsistency. Unable to trace any connecting principle in his changes of front, they have put them down to interested motives, and then equally unable to show that he himself had anything to gain from them, have been forced to attribute them to mere caprice. The fact is that Douglas cannot be understood along those lines at all. To understand him one must remember that he was indifferent on the Slavery Question, "did not care," as he said, "whether Slavery was voted up or voted down," but cared immensely for something else. That something else was the Westward expansion of the American nation till it should bridge the gulf between the two oceans. The thought of all those millions of acres of virgin land, the property of the American Commonwealth, crying out for the sower and the reaper, rode his imagination as the wrongs of the Negro slave rode the imagination of Garrison. There is a reality about the comparison which few will recognize, for this demagogue, whom men devoted to the Slavery issue thought cynical, had about him also something of the fanatic. He could forget all else in his one enthusiasm. It is the key to his career from the day when he entered Congress clamouring for Oregon or war with England to the day when he died appealing for soldiers to save the Union in the name of its common inheritance. And it is surely not surprising that, for the fulfilment of his vision, he was willing to conciliate the slave-owners, when one remembers that in earlier days he had been willing to conciliate the Mormons.
Douglas stands out in history, as we now see it, as the man who by the Kansas and Nebraska Bill upset the tottering Compromise of 1850. Why did he so upset it? Not certainly because he wished to reopen the Slavery Question; nothing is less likely, for it was a question in which he avowedly felt no interest and the raising of which was bound to unsettle his plans. Not from personal ambition; for those who accuse him of having acted as he did for private advantage have to admit that in fact he lost by it. Why then did he so act? I think we shall get to the root of the matter if we assume that his motive in introducing his celebrated Bill was just the avowed motive of that Bill and no other. It was to set up territorial governments in Kansas and Nebraska. Douglas's mind was full of schemes for facilitating the march of American civilization westward, for piercing the prairies with roads and railways, for opening up communications with Oregon and the Pacific Slope. Kansas and Nebraska were then the outposts of such expansion. Naturally he was eager to develop them, to encourage squatters to settle within their borders, and for that purpose to give them an assured position and a form of stable government. If he could have effected this without touching the Slavery Question I think that he would gladly have done so. And, as a matter of fact, the Nebraska Bill as originally drafted by him was innocent of the clause which afterwards caused so much controversy. That clause was forced on him by circumstances.
The greater part of the territory which Douglas proposed to develop lay within the limits of the Louisiana Purchase and north of latitude 36° 30'. It was therefore free soil by virtue of the Missouri Compromise. But the Southerners now disputed the validity of that Congressional enactment, and affirmed their right under the Constitution as they interpreted it to take and hold their "property" in any territories belonging to the United States. Douglas had some reason to fear Southern opposition to his plans on other grounds, for the South would naturally have preferred that the main road to the Pacific Slope should run from Tennessee through Arizona and New Mexico to California. If Kansas and Nebraska were declared closed against slave property their opposition would be given a rallying cry and would certainly harden. Douglas therefore proposed a solution which would at any rate get rid of the Slavery debate so far as Congress was concerned, and which had also a democratic ring about it acceptable to his Western instincts and, as he hoped, to his Western following. The new doctrine, called by him that of "Popular Sovereignty" and by his critics that of "Squatter Sovereignty," amounted to this: that the existing settlers in the territories concerned should, in the act of forming their territorial governments, decide whether they would admit or exclude Slavery.