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and New York must again be surrendered | State ticket of their own men, adoptby their farmers to slave culture and to the

production of slaves, and Boston and New York become once more markets for trade in the bodies and souls of men. It is the failure to apprehend this great truth that induces so many unsuccessful attempts at final compromise between the Slave and Free States; and it is the existence of this great fact that renders all such pretended compromises, when made, vain and ephemeral."

Mr. Lincoln, in his brief Springfield speech, furnished the shortest and sharpest exposition ever yet given of the doctrine vaunted as 'Popular Sovereignty,' viz. :

"This necessity [for a popular indorsement of the policy embodied in the NebraskaKansas bill] had not been overlooked; but had been provided for, as well as might be, in the notable argument of 'Squatter Sovereignty,' otherwise called 'sacred right of self-government; which latter phrase, though expressive of the only rightful basis of any government, was so perverted, in this attempted use of it, as to amount to just this: That, if any one man choose to enslave another, no third man shall be allowed to object."

Mr. Douglas promptly joined issue; and an oral canvass of unequaled interest, considering the smallness of the stake, was prosecuted by these capable and practiced popular debaters, before immense audiences of their fellow-citizens, up to the eve of the State Election. In the event, Mr. Douglas was successful, securing 54 to 46 of the members of the Legislature, and being promptly reëlected by them; but the candidates favorable to Mr. Lincoln had a plurality of the popular vote.“

The Elections of 1859 were not especially significant, save that, in New York, what remained of the "American" party, instead of nominating a

6 For Lincoln, 124,698; for Douglas, 121,130; Lincoln's plurality, 3,568. But over 4,000 Democratic votes were scattered and lost, in obe

ed the expedient of selecting their candidates alternately from the tickets of the two great parties—of course, powerfully aiding that which must otherwise have been beaten throughout. The 25,000 votes thus cast elected three of the Democratic candidates by majorities of 328 to 1,450; while the Republicans placed on the "American ticket" had majorities. ranging from 45,104 to 49,447; and one Republican candidate was chosen over the joint vote of both the adverse parties. In this "balance-of-power" movement of the Americans was foreshadowed the "Fusion" electoral tickets of 1860.

The indignant, scornful rhetoric wherewith Mr. Webster had scouted the suggestion, that Slavery might possibly be established in New Mexico, and spurned the idea of "reënacting the laws of God" by prohibiting it there, had scarcely died out of the public ear, when the Legislature of that vast Territory proceeded, at its session in 1859, to do the very thing which he had deemed so inconceivable. Assuming the legal existence of Slavery in that Territory, in accordance with the Dred Scott decision, the Legislature proceeded to pass "An act to provide for the protection of property in slaves,” whereby severe penalties were provided. for "stealing," or "enticing away" said property, or "inciting" said property to "discontent" or "insubordination." The spirit of this notable act is fairly exhibited in the following provisions :

dience to directions from Washington-Mr. Douglas's apprehended return being exceedingly distasteful to President Buchanan.

SLAVERY LEGALIZED IN NEW MEXICO.

“SEC. 10. Any person may lawfully take up or apprehend any slave who shall have run away, or be absenting himself from the custody or service of his master or owner, and may lawfully use or employ such force as may be necessary to take up or apprehend such slave; and such person, upon the delivery of such slave to his master or owner, or at such place as his master or owner may designate, shall be entitled to demand or recover by suit any reward which may have been offered for the apprehension or delivery of such slave. And, if no reward have been offered, then such person so apprehending such slave shall, upon the delivery of such slave to his master or owner, or to the sheriff of the county in which such slave was apprehended, be entitled to demand and recover from such owner or master the sum of twenty dollars, besides ten cents for each mile of travel to and from the place where such apprehension was made.

"SEC. 11. If any sheriff of any county within this Territory shall fail or refuse to receive with proper care any runaway slave so offered to him for safe-keeping, by such person apprehending the same, or his agent, such sheriff shall, upon conviction thereof, be fined in a sum not less than five hundred dollars to the use of the Territory, shall further be liable to the owner of such slave for his value, recoverable by civil suit, and shall be ineligible for reelection to the said

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"SEC. 20. Any slave who shall conduct himself disorderly in a public place, or shall give insolent language or signs to any free white person, may be arrested and taken by such person before a justice of the peace, who, upon trial and conviction, in a summary manner, shall cause his constable to give such slave any number of stripes upon his or her bare back, not exceeding thirtynine.

"SEC. 21. When any slave shall be convicted of any crime or misdemeanor, for which the penalty assigned by law is, in whole or in part, the fine of a sum of money, the court passing sentence on him may, in its discretion, substitute for such fine corporal punishment, or branding, or stripes.

"SEC. 26. No slave shall be permitted to go from the premises of his owner or master after sunset and before sunrise, without

a written pass, specifying the particular place or places to which such slave is permitted to go; and any white person is authorized to take any slave who, upon demand, shall not exhibit such pass, before any justice of the peace, who, upon summary investigation, shall cause such slave to be whipped with not more than thirty-nine stripes upon his or her bare back, and to be

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committed to the jail, or custody of a proper officer, to be released the next day, on demand and payment of costs by the owner or master."

Another act passed by the same Legislature, "Amendatory of the law relative to contracts between masters and servants" (peons), has this unique provision, which might have afforded a hint to South Carolina in her worst estate:

"SEC. 4.-No Court of this Territory shall have jurisdiction, nor shall take cognizance, of any cause for the correction that masters may give their servants for neglect of their duties as servants; for they are considered as domestic servants to their masand faults; for, as soldiers are punished by ters, and they should correct their neglect their chiefs, without the intervention of the civil authority, by reason of the salary they enjoy, an equal right should be granted those persons who pay their money to be served in the protection of their property; Provided, That such correction shall not be inflicted in a cruel manner, with clubs or stripes."

These acts were directly inspired from Washington, and were enacted under the supervision and tutelage of the Federal officers stationed in the Territory. Some of these were personally slaveholders; others were only anxious to commend themselves to the notice and favor of their superiors; and it was easy for them to persuade the ignorant Mexicans, who mainly composed the Legislature, that such acts would cause the heavenly dews of Federal patronage to fall in boundless profusion on the arid, thirsty hills of their Territory. And, while the number of slaves held in New Mexico might never be great, its salubrity, and the ease wherewith a mere subsistence is maintained there, might well have commended it to favor as a breeding-ground of black chattels for the unhealthy swamps and lowlands of Arkansas and Louisiana. In any case its sub

servience to the Slave Power was assured by the mere legalization of lifelong bondage and unrequited labor on its narrow but fertile intervales, and in its mines of precious ore.

The XXXVIth Congress assembled at Washington Monday, December 5, 1859. The Senate was still strongly Democratic, though the Republican minority therein had grown gradually, until it numbered twenty-four. Indiana, Minnesota, California, and Oregon, were still represented by Democrats, as were in part Pennsylvania, Ohio, and Illinois; but the strong anti-Lecompton wave of 1858 had swept into the House delegations from New York, New Jersey, Pennsylvania, Ohio, Wisconsin, Iowa, and Minnesota, decidedly hostile to the Administration; and these, with unanimous Republican delegations from all the New England States, left no clear majority for any party. On the first ballot for Speaker, Thomas S. Bocock, Dem., of Virginia, received eighty-six votes; John Sherman, Rep., of Ohio, sixty-six; Galusha A. Grow, Rep., of Pennsylvania, fortythree: twenty-two were divided between three "Americans" or Southern Whigs, and thirteen were scattered mainly upon anti-Lecompton Democrats: whole number cast, 230; necessary for a choice, 116.

Mr. Burnett, of Kentucky, now moved that the House adjourn till to-morrow, which was negativedYeas 100; Nays 130: whereupon Mr. John B. Clark,' of Missouri, rose, and, amid a shower of objections and interruptions, proposed the following preämble and resolution:

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The book thus advertised was written by a young North Carolinian of the poorer middle class, who, having migrated to California, and spent some time in the Northern States, had imbibed ideas respecting Slavery which it was not safe to express in his native State. Those ideas he had embodied in his "Impending Crisis," which was, in substance, a vehement appeal to the poor whites. of the South against persistence in servility to the slaveholders, backed by ample statistics, proving Slavery specially injurious and degrading to them, as well as baleful and blighting to the entire South. This book, being deemed effective as an antiSlavery argument, whether in the North or in the South, had been recommended to general attention, in a circular signed by two thirds, at least, of the Republican members of the last Congress, including, of course, many of those returned to the present. Messrs. Sherman and Grow, between whom the Republican vote for Speaker was divided, were both among the signers of this circular. Hereupon, Mr. Clark proceeded to make, amid interruptions and questions of order, such a speech as a slaveholder might be expected to make on such a theme; urging

7 Since known as an active and bitter Rebel.

HELPER'S IMPENDING CRISIS IN THE HOUSE.

305

that no man who had recommended | closed, Mr. John A. Gilmer,3 of N. C., such a book as Helper's ought to be moved a substitute, condemning all chosen Speaker, and insisting on dis- attempts at renewing Slavery agitacussing the contents and bearings of tion; whereupon Mr. Washburne, of that book at leisure; whilst several Ill., moved that the whole subject be Republican members, instead of re- laid on the table, which was defeated prehending this discreditable inter- by a tie vote: Yeas 116; Nays 116: ruption of the proper business of the and the debate went on, simultaHouse, and demanding that the Clerk neously with that on John Brown should proceed to call the roll for and his doings in the Senate. A another attempt to elect a Speaker, second ballot for Speaker was not obrose to deprecate, and explain, and tained until the close of the third apologize, and insist that, if they had day's proceedings, when Mr. Shersigned a recommendation of any such man received 107 votes; Mr. Bocock book, it was in total ignorance of its 88; Mr. Gilmer 22; and there were contents, which they utterly con- 14 scattering. And still the two demned and repudiated. Thus, amid Houses continued to debate John great confusion, Mr. Clark carried Brown and Helper, by way of disthe point he was aiming at; and the couraging Slavery agitation, interHouse, after one more refusal-Yeas spersed with readings of the choicest 113; Nays 115-consented to adjourn and spiciest extracts from Helper, at a little past two o'clock, without and occasional ballots for Speakertaking a second ballot for Speaker. Mr. Sherman's vote rising to 112, while 116 were necessary for a choice. The total vote was diminished, after a few days, as members paired off and left Washington; but Mr. Sherman continued to lack from three to five of an election; until finally, after eight weeks had been thus spent, he peremptorily declined; and Mr. William Pennington-ex-Governor of New Jersey, and now, for the first. time, a member of the House-was presented in his stead. Mr. Bocock was also withdrawn, and the entire pro-Slavery strength concentrated, so far as possible, on Mr. Wm. N. H. Smith, "American," of N. C. The next (fortieth) ballot gave Pennington 115; Smith 113; John G. Davis,. anti-Lecompton Dem., of Ind., 2; and there were 4 scattering: necessary to a choice 118. Finally, on the forty-fourth ballot, Mr. Smith's name:

In the Senate, also, Slavery agitation was commenced from the Democratic side, even before that body had been fairly organized, by a resolve, introduced by Mr. Mason, of Virginia, calling for the most elaborate inquiry into the recent tragedy at Harper's Ferry, and requiring the Select Committee thereon to report "what legislation may, in their opinion, be necessary for the future preservation of the peace of the country," etc.; and hereupon the Senate plunged into a discussion, which lasted several days.

Mr. Clark, in like manner, resumed his dissertation on Helper immediately on the assembling of the House next morning, having all manner of documents read from the Clerk's desk; and spinning out his remarks to the utmost length. When he had

8 "American.”

9

9 February 1, 1860.

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having been withdrawn, the vote was declared: for Pennington 117; John A. McClernand, Dem., 85; John A. Gilmer, Amer., 16; and there were 15 scattering. Mr. Henry Winter Davis, of Md., who had hitherto voted with the Americans, now cast his vote for Pennington, and elected him-he having the exact number necessary to a choice. John W. Forney, anti-Lecompton Dem., was soon after elected Clerk by a close vote. The majority in the Senate was not merely Democratic of the Lecompton or extreme pro-Slavery caste; it was especially hostile to Senator Douglas, and determined to punish him for his powerful opposition to the Lecompton bill, by reading him out of the party. To this end, Mr. Jefferson Davis submitted 1o an elaborate series of resolves, whereof the following is the most material:

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"4. Resolved, That neither Congress nor a Territorial Legislature, whether by direct legislation or legislation of an indirect and unfriendly nature, possess the power to annul or impair the constitutional right of any citizen of the United States to take his slave property into the common Territories; but it is the duty of the Federal Government there to afford for that, as for other species of property, the needful protection; and, if experience should at any time prove that the Judiciary does not possess power to insure adequate protection, it will then become the duty of Congress to supply such deficiency."

These resolutions he modified, "after a conference with friends," and submitted afresh," presenting the material proposition in this shape:

"4. Resolved, That neither Congress nor a Territorial Legislature, whether by direct

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legislation or legislation of an indirect and unfriendly character, possesses power to annul or impair the constitutional right of any citizen of the United States to take his slave property into the common Territories, and ritorial condition remains." there hold and enjoy the same while the ter

The discussion of the series consumed a large share of the time and attention of the Senate during the entire session. It ultimately transpired

that they were the

work of a 'Lecompton' or regular Democratic caucus, and that their ulterior object was the reading of Mr. Douglas, and other tenacious champions of 'Popular Sovereignty,' out of the Democratic party. At length, the Senate came to a vote on the first of the series, which was as

12

follows:

"1. Resolved, That, in the adoption of the Federal Constitution, the States adopting the same acted severally as free and independent sovereignties, delegating a portion of their powers to be exercised by the Federal Government for the increased security of each against dangers, domestic as well as foreign; and that any intermeddling by any one or more States, or by a combination of their citizens, with the domestic institutions of the others, on any pretext whatever, political, moral, or religious, with a view to their disturbance or subversion, is in violation of the Constitution, insulting to the States so interfered with, endangers their domestic peace and tranquillity-objects for which the Constitution was formed—and, by necessary consequence, tends to weaken and destroy the Union itself."

This resolve was aimed directly at the Republicans, and was passed by a strict party vote—that is, by the votes of all others in the affirmative, against the Republicans in the negative: Yeas 36; Nays 19.13

Pearce, Polk, Powell, Pugh, Rice, Sebastian, Slidell, Thomson, of N. J., Toombs, Wigfall, and Yulee-36.

NAYS-Messrs. Bingham, Chandler, Clark, Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Hamlin, Harlan, King, Simmons, Sumner, Ten Eyck, Wade, and Wilson-19.

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