South the admission of the whole of the present state of California as a free state.
This Fugitive Slave Act was passed by a vote of twenty-seven to twelve in the Senate, and by a vote of one hundred nine to seventy-six in the House. Three Northern senators voted for it and one other, Mr. Dickinson of New York—who wished to vote for it, was paired with his colleague Mr. Seward. In the House thirty-two members from Northern states voted in favor of the Fugitive Slave Law.
But the discussion of these compromise measures lasted for eight months, and it was by no means confined to the halls of Congress. There was the fourth estate—the newspaper press—to be reckoned with, and behind that were the people. The people themselves and the newspaper representatives of popular opinion took a free part in the discussion, and both were unrestrained by parliamentary etiquette or by any of those considerations of polity and statecraft to which members of either house of Congress made obeisance. There was a great devotion to the Union it is true among press and people, but it did not take statesmanlike form or consider those nice questions that statesmen were bound to take into account.
On either side the popular desire for the preservation of the Union was complicated with the conviction that only the iniquities and injustices of the other side imperiled the Republic. On each side there was a profound conviction that if the other side would behave itself as it should, there would be no shadow of danger to the Union. Again on either side there was an intemperate press, representing an utterly intolerant party of extremists, and, shut their eyes as they might to facts, the statesmen of that time were aware that these extremists on the one side and upon the other, were daily adding to their numbers and daily becoming more and more nearly representative of popular sentiment.
The matter was complicated with partisanship, also, and with personal ambitions. There was the question of supremacy in the Nation, between the Whigs, who were then in power by virtue of Taylor's election in 1848, and the Democrats who, with one other brief interval, had been dominant in national affairs during the entire preceding half century. At the South the two parties, laying aside the questions of polity that had previously separated them, vied with each other in such support of slavery as should win the good will of the extreme pro-slavery party. At the North they were rivals as suitors for the favor of the new Free-soil faction—for at that time it was only a faction which Know-Nothingism was destined presently to relegate temporarily to the background.
But at the North the new Free-soil party drew more heavily on the Whigs than on the Democrats for its support, although its early leaders and presidential candidates, John P. Hale and Martin Van Buren, were distinguished Democratic statesmen.
Accordingly there arose in the country a contest between the two old parties for the favor of the two new ones. It became in fact a scrambling auction, in which each party in each section and each state and each district bid its convictions and its principles, without scruple, for votes. Each party sought to be more intensely pro-slavery than the other in those states and districts in which the pro-slavery sentiment was strong, while in those states and districts in which the anti-slavery sentiment was manifestly dominant, each party rivaled the other in its courtship of the prevailing dogma and its representative voters.
Quite naturally, men ambitious of political preferment trimmed their sails to catch these varying winds, and for the first time in the history of the country political conviction and principle very generally gave way to questions of self-interest. If the politician of that time was not quite "all things to all men," he was at any rate all things to the men who could cast the larger number of votes for his elevation to office.
The accusation of such selfish sacrifice of principle and conviction for the sake of personal aggrandizement was openly made against the foremost statesmen of the time, including Clay and Webster, and the President himself. Whatever any one of these did that was displeasing to one part of the country, was freely attributed to a desire to "curry favor," as the phrase went, with "the slave power" in the one case, or with "the abolitionist sentiment," in the other.
Without questioning the motives of the greater men, who offered their dominant devotion to the Union as the only and amply sufficient explanation of their actions and their votes, it is safe to say that the attitude and course and eloquence of a multitude of minor men possessed of ambition for political preferment were determined, on the one side or the other, chiefly by a consideration of votes.
Mr. Clay, Mr. Webster and the statesmen who aided them in adopting the Compromise of 1850, confidently believed that by their action in that matter they had laid the slavery question to rest for at least a generation to come. They had in fact, as the event proved, succeeded only in opening it anew and adding virulence to its discussion. Their very debates, preparatory to the passage of the compromise bills, had stirred the country to a discussion of the question, angrier than any other that had been known since the Constitution was framed. The measures themselves, so far from allaying excitement and controversy, intensified both. The South felt that it had been cheated in a bargain which gave one free state certainly and two, three or four prospectively, to the North, with absolutely no certainty and little probability of the admission of any slave state in compensation—for from the first the people of Texas resented and resisted the proposal to divide their great domain into the four states provided for at the beginning. On the other hand the Northern States felt that the new Fugitive Slave Law was an enactment with which they could not comply without such a sacrifice of conscience and conviction as could in no wise be made by honest and sincere men.
From the very first many of the Northern States set their legislative machinery at work to defeat the operation of this Fugitive Slave Law by the most effective counter legislation that legal ingenuity could devise. In so far as these devices succeeded in preventing the execution of that law they in effect nullified a national statute which the National Government was entirely competent to enact.
More important still from the point of view of history, is the fact that the compromise which was intended to allay all sectional feeling and work a pacification in behalf of the Union, directly and immediately wrought an opposite result. It additionally inflamed passion in all parts of the country. It strongly accentuated those differences of opinion which alone threatened the Union with dissolution and the country with devastating war.
The North set itself to nullify the Fugitive Slave Law. The South set itself to undo the Missouri Compromise.
On the one hand it was contended that the Fugitive Slave Law made slavery a national instead of a state institution—a thing to which Northern sentiment and Northern conscience could in no wise consent. On the other hand it was stoutly insisted that the equality of the states under the Constitution was openly violated, not only by the personal liberty laws enacted by Northern States in order to nullify the national statute on the subject of fugitive slaves, but still more aggressively by the practical exclusion of slaveholders from the territories, so far at least as their slave property was concerned; and further by the decree of the Missouri Compromise that, whatever the will of the settlers in new regions might be, there should be no new slave states carved out of that portion of the Louisiana Purchase which lay north of the southern line of Missouri. This prohibition—taken in connection with the admission of California as a free state—amounted in effect to a provision that there should be no more slave states created anywhere; for, as Mr. Webster had clearly pointed out, there was no other part of the territory conquered or purchased from Mexico, into which slavery could be practically or profitably extended.
The attempts made to enforce the Fugitive Slave Law at the North, whether successful or baffled, served only to inflame passion on both sides and to intensify the very controversy which it had been the purpose of the act—as a part of a compromise—to allay. On the other hand the Southern conviction grew that by the two compromises the South had been cheated of its equal rights in the public domain, and out of that contention was destined almost immediately to grow a bloody war in Kansas and a still more acrimonious state of feeling between the North and the South.
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