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prohibit slavery in a territory before they came to form a state constitution. He replied that that was a judicial question to be settled by the courts, and that all good Democrats would bow to the decision of the Supreme Court whenever it should be made. At Freeport, in the campaign of 1858, Lincoln put the same question to him in a slightly different form.

      On the 23d of February, 1859, there was a Senate debate on this question, in which Douglas contended that the Democratic party, by supporting General Cass in 1848, had endorsed the same opinion that he (Douglas) had maintained at Freeport, since Cass, in his so-called "Nicholson Letter," had affirmed the doctrine of squatter sovereignty as to slavery in the territories. Douglas now contended that every Southern state that gave its electoral vote to Cass, including Mississippi, was committed to the doctrine that the people of a territory could lawfully exclude slavery while still in a territorial condition. Jefferson Davis replied:

      The State of Mississippi voted [in 1848] under the belief that that letter meant no more than that when the territory became a state, it had authority to decide that question. … If it had been known that the venerable candidate then of the Democratic party, and now Secretary of State, held the opinion which he so frankly avowed at a subsequent period on the floor of the Senate, I tell you, sir [addressing Douglas], he would have had no more chance to get the vote of Mississippi than you with your opinions would have to-day.[35]

      

      On the 2d of February, 1860, Davis introduced a series of resolutions in the Senate of a political character evidently intended to head off Douglas at the coming Charleston Convention; or, failing that, to pave the way for the withdrawal of the delegates of the cotton-growing states. The fourth resolution was directed against the Douglas doctrine of unfriendly legislation, thus:

      Resolved, That neither Congress nor a territorial legislature, whether by direct legislation or legislation of indirect and unfriendly nature, possesses 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.

      The Senate debate between Douglas and his Southern antagonists was resumed in May, after the explosion of the Charleston Convention. Douglas made a two days' speech (May 15 and 16) occupying four hours each day, but did not mention the subject of unfriendly legislation, or show how a territorial legislature could nullify or circumvent the Dred Scott decision. He was answered by Benjamin, of Louisiana, in a speech which made a sensation throughout the country, and in which the doctrine of unfriendly legislation was mauled to tatters. Benjamin was the first Southern statesman to make his bow to the rising fame of Lincoln. After examining the Freeport debate, he said:

      We accuse him [Douglas] for this, to-wit: that, having bargained with us upon a point upon which we were at issue, that it should be considered a judicial question; that he would abide the decision; that he would act under the decision and consider it a doctrine of the party; that, having said that to us here in the Senate, he went home, and under the stress of a local election his knees gave way; his whole person trembled. His adversary stood upon principle and was beaten, and lo, he is the candidate of a mighty party for Presidency of the United States. The Senator from Illinois faltered; he got the prize for which he faltered, but lo, the prize of his ambition slips from his grasp, because of the faltering which he paid as the price of the ignoble prize—ignoble under the circumstances under which he obtained it.[36]

      There are scores of letters in Trumbull's correspondence calling for copies of Benjamin's speech, yet it had no effect in Illinois, the Danite vote being smaller in 1860 than it had been in 1858. Probably it had influence in the National Democratic Convention at Charleston, from which the delegates from ten Southern States seceded in whole or part when the Douglas platform was adopted. This split was followed by an adjournment to Baltimore, where a second split took place, Douglas being nominated by one faction and Breckinridge, of Kentucky, by the other.

      Fifty years have passed since John Brown, with twenty-one men, seized the Government armory and arsenal at Harper's Ferry (October 16, 1859), in an attempt to abolish slavery in the United States. As sinews of war, he had about four thousand dollars, or dollars' worth of material of one kind and another. With such resources he expected to do something which the Government itself, with more than a million trained soldiers, five hundred warships, and three billions of dollars, accomplished with difficulty at the end of a four years' war, during which no negro insurrection, large or small, took place. One might think that the scheme itself was evidence of insanity. But to prove Brown insane on this ground alone, we must convict also the persons who plotted and coöperated with him and who furnished him money and arms, knowing what he intended to do with them. Some of these were men of high intelligence who are still living without strait-jackets, and it is not conceivable that they aided and abetted him without first estimating, as well as they were able, the chances of success. Yet Brown refused to allow his counsel to put in a plea of insanity on his trial, saying that he was no more insane then than he had been all his life, which was probably true. If he was not insane at the time of the Pottawatomie massacre, he was a murderer who forfeited his own life five times in one night by taking that number of lives of his fellow men in cold blood.

      I saw and talked with Brown perhaps half a dozen times at Chicago during his journeys to and from Kansas. He impressed me then as a religious zealot of the Old Testament type, believing in the plenary inspiration of the Scriptures and in himself as a competent interpreter thereof. But the text "Vengeance is mine, saith the Lord, I will repay," never engaged his attention. He was oppressed with no doubts about anything, least of all about his own mission in the world. His mission was to bring slavery to an end, but that was a subject that he did not talk about. He was a man of few words, and was extremely reticent about his plans, even those of ordinary movements in daily life. He had a square jaw, clean-shaven, and an air of calmness and self-confidence, which attracted weaker intellects and gave him mastery over them. He had steel-gray eyes, and steel-gray hair, close-cropped, that stood stiff on his head like wool cards, giving him an aspect of invincibleness. When he applied to the National Kansas Committee for the arms in their possession after the Kansas war was ended, he was asked by Mr. H. B. Hurd, the secretary, what use he intended to make of them. He refused to answer, and his request was accordingly denied. The arms were voted back to the Massachusetts men who had contributed them originally. Brown obtained an order for them from the owners.

      The Thirty-sixth Congress met on the 5th of December, 1859. The first business introduced in the Senate was a resolution from Mason, of Virginia, calling for the appointment of a committee to inquire into the facts attending John Brown's invasion and seizure of the arsenal at Harper's Ferry. Trumbull offered an amendment proposing that a similar inquiry be made in regard to the seizure in December, 1855, of the United States Arsenal at Liberty, Missouri, and the pillage thereof by a band of Missourians, who were marching to capture and control the ballot-boxes in Kansas. On the following day Trumbull made a brief speech in support of his amendment, in the course of which he commented on the Harper's Ferry affair in words which have never faded from the memory of the present writer. Nobody during the intervening half-century has summed up the moral and legal aspects of the John Brown raid more truly or more forcibly. He said:

      I hope this investigation will be thorough and complete. I believe it will do good by disabusing the public mind, in that portion of the Union which feels most sensitive upon this subject, of the idea that the outbreak at Harper's Ferry received any countenance or support from any considerable number of persons in any portion of this Union. No man who is not prepared to subvert the Constitution, destroy the Government, and resolve society into its original elements, can justify such an act. No matter what evils, either real or imaginary, may exist in the body politic, if each individual, or every set of twenty individuals, out of more than twenty millions of people, is to be permitted, in his own way and in defiance of the laws of the land, to undertake to correct those evils, there is not a government on the face

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