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THE IRREPRESSIBLE CONFLICT.

ocal organization; bring over Minnesota by a close vote; and swell their majority in Ohio to fully 20,000. They were beaten in Indiana on the State ticket by a very slender majority, but carried seven of the eleven Representatives in Congress, beside helping elect an anti-Lecompton Democrat in another district; while Michigan, Iowa, and Wisconsin, chose Republican tickets-as of late had been usual with them-by respectable majorities, and the last named by one increased to nearly 6,000. California and Oregon still adhered to Democracy of the most pro-Slavery type, by decisive majorities.

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Union cannot permanently endure half Slave and half Free. Said Mr. Lincoln:

"If we could first know where we are, and whither we are tending, we could better judge what to do, and how to do it. We are now far into the fifth year since a policy was initiated with the avowed object and confident promise of putting an end to Slapolicy, that agitation has not only not very agitation. Under the operation of that ceased, but has constantly augmented. In my opinion, it will not cease until a crisis shall have been reached and passed. 'A house divided against itself cannot stand.' I believe this Government cannot permanently endure half slave and half free. I do not expect the Union to be dissolved-I do not expect the house to fall-but I do expect that it will cease to be divided. It will be

come all one thing or all the other. Either the opponents of Slavery will arrest the further 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 ad

come alike lawful in all the States, old as well as new-North as well as South."

This almost prophetic statement, from one born in Kentucky, and who had been known, prior to the appearance of the Dred Scott decision, as a rather conservative Whig, was put forth, more than four months before Gov. Seward,' as if under a like premonition of coming events, said:

Illinois was this year the arena of a peculiar contest. Senator Douglas had taken so prominent and so effi-vocates will push it forward till it shall becient a part in the defeat of the Lecompton abomination, that a number of the leading Republicans of other States were desirous that their Illinois brethren should unite in choosing a Legislature pledged to return him, by a vote substantially unanimous, to the seat he had so ably filled. But it was hardly in human nature that those thus appealed to should, because of one good act, recognize and treat as a friend one whom they had known for nearly twenty years as the ablest, most indefatigable, and by no means the most scrupulous, of their adversaries. They held a sort of State Convention, therefore, and presented ABRAHAM LINCOLN as a Republican competitor for Mr. Douglas's seat; and he opened the canvass at once, in a terse, forcible, and thoroughly "radical" speech, wherein he enunciated the then startling, if not absolutely novel, doctrine that the

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At Springfield, Ill., June 17, 1858.

"These antagonistic systems are continually coming into closer contact, and collision

results.

"Shall I tell you what this collision means? They who think that it is accidental, unnecessary, the work of interested or fanatical agitators, and therefore ephemeral, mistake the case altogether. It is an irrepressible conflict between opposing and United States must and will, sooner or later, enduring forces; and it means that the become either entirely a slave-holding nation, or entirely a free-labor nation. Either the cotton and rice-fields of South Carolina and the sugar plantations of Louisiana will ultimately be tilled by free labor, and Charles

gitimate merchandise alone, or else the ryefields and wheat-fields of Massachusetts

ton and New Orleans become marts for le

At Rochester, N. Y., Oct. 25, 1858.

and New York must again be surrendered | State ticket of their own men, adoptby their farmers to slave culture and to the ed the expedient of selecting their production of slaves, and Boston and New York become once more markets for trade candidates alternately from the tickets in the bodies and souls of men. It is the of the two great parties—of course, failure to apprehend this great truth that induces so many unsuccessful attempts at powerfully aiding that which must final compromise between the Slave and otherwise have been beaten throughFree States; and it is the existence of out. The 25,000 votes thus cast this great fact that renders all such pretended compromises, when made, vain and elected three of the Democratic canephemeral." didates 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.

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

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.

"SEO. 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 apprehen

sion was made.

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nine.

"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

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 10 an elaborate series of resolves, whereof the following is the most material:

"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 nul or impair the constitutional right of any unfriendly character, possesses power to ancitizen of the United States to take his slave property into the common Territories, and there hold and enjoy the same while the territorial condition remains."

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 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.

"POPULAR SOVEREIGNTY" IN THE SENATE.

"2. Resolved, That negro Slavery, as it exists in fifteen States of this Union, composes an important portion of their domestic institutions, inherited from their ancestors, and existing at the adoption of the Constitution, by which it is recognized as constituting an important element in the apportionment of powers among the States, and that no change of opinion or feeling on the part of the non-slaveholding States of the Union, in relation to this institution, can justify them or their citizens in open or covert attacks thereon, with a view to its overthrow; and that all such attacks are in manifest violation of the mutual and solemn pledge to protect and defend each other, given by the States respectively on entering into the constitutional compact which formed

the Union, and are a manifest breach of faith, and a violation of the most solemn obligations."

This was adopted: Yeas 36; Nays 20; the division being identical with the foregoing, save that Mr. Trumbull, of Illinois, was now present, adding one to the Republican vote.

While the above resolve was under consideration, Mr. Harlan, of Iowa, moved to add to it as follows:

"But the free discussion of the morality and expediency of Slavery should never be interfered with by the laws of any State, or of the United States; and the freedom of speech and of the press, on this and every other subject of domestic and national policy, should be maintained inviolate in all the

States."

This was rejected: Yeas 20; Nays 36 (as upon the adoption of the second resolve, with the order reversed).

"3. Resolved, That the Union of these States rests on the equality of rights and

14 YEAS-Messrs. Thomson (John R.,) of New Jersey, Bigler, of Pennsylvania, Rice, of Minnesota, Bright, of Indiana, Gwin and Latham, of California, Lane, of Oregon-in all, seven from Free States; with Messrs. Kennedy and Pearce, of Maryland, Hunter and Mason, of Virginia, Bragg and Clingman, of North Carolina, Chesnut and Hammond, of South Carolina, Iverson and Toombs, of Georgia, C. C. Clay and Fitzpatrick, of Alabama, Brown and Davis, of Mississippi, Benjamin and Slidell, of Louisiana, Mallory and Yulee, of Florida, Hemphill and Wigfall, of Texas, Crittenden and Powell, of Kentucky, A. Johnson and Nicholson, of Tennessee, Green

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privileges among its members; and that it is especially the duty of the Senate, which represents the States in their sovereign capacity, to resist all attempts to discriminate either in relation to persons or property in the Territories, which are the common possessions of the United States, so as to give advantages to the citizens of one State which are not equally assured to those of every other State."

This was also adopted-Yeas 36; Nays 18: the Yeas, as upon the first vote; as also the Nays, except that Messrs. Grimes and King did not vote.

The next was the touchstone-its

passage by a party_vote the object of the movement. It reads:

"4. Resolved, That neither Congress nor a Territorial Legislature, whether by direct 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 there hold and enjoy the same while the territorial condition remains.”

This important resolve the sentence and death-knell of "Popular Sovereignty"-was passed by the decisive majority of thirty-five Yeas to twenty-one Nays "-every Democratic Senator present but Mr. Pugh, of Ohio, voting for it; though Messrs. Latham, of California, Fitch, of Indiana, Rice, of Minnesota, and perhaps one or two others, had been known in other days as friends of Mr. Douglas, and champions of his doctrine. Mr. Douglas himself was absent through

and Polk, of Missouri, R. W. Johnson and Sebastian, of Arkansas-28 from Slave States alone every Slave State but Delaware being fully represented, and casting its full vote for this proposition. Total 35.

The NAYS were-) -Messrs. Fessenden and Hamlin, of Maine, Clark and Hale, of New Hampshire, Sumner and Wilson, of Massachusetts, Simmons, of Rhode Island, Dixon and Foster, of Connecticut, Collamer and Foot, of Vermont, King, of New York, Ten Eyck, of New Jersey, Pugh and Wade, of Ohio, Trumbull, of Illinois, Brigham and Chandler, of Michigan, Doolittle, of Wisconsin, Grimes and Harlan, of Iowa-21.

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