LITMIR.BIZ

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territory. Without waiting for an enabling act they adopted a constitution in 1849 and knocked at the doors of the Union for admission as a free state.

      Instantly the South took alarm. Quite half of California lay south of 36° 30´ north latitude. Apart from its gold, the region promised harvests of grain and fruit of incalculably greater value even than all the output of all its mines. There was nothing in the Missouri Compromise or in any other legislation to forbid the whole of California to become a slave state. There was only the decision of the people in that part of the country that they wanted the state to be free and that decision was not by any means unanimous. On the contrary it was believed to be at least possible that if the territory were divided into two substantially equal parts the southern half of it would elect to become a slave state.

      This added enormously to the acrimony of the slavery controversy. There had from the beginning been accepted in the country a half formulated theory of the necessity of maintaining a "balance of power" between the opposing systems of slavery and free labor so far at least as the Senate, representing the states as such without regard to population, was concerned. From the beginning slave and free states had been admitted to the Union in effect in couples. Thus Vermont, admitted in 1791, was balanced by Kentucky, admitted in 1792. Tennessee came in in 1796 with no free state comrade till 1803, when Ohio was admitted. Louisiana, admitted in 1812, was offset by Indiana which became a state in 1816. Mississippi was admitted in 1817 and Illinois in the following year. Alabama, admitted in 1819, was balanced by Maine in 1820. Missouri came in in 1821 by a compromise that more than offset the omission to create a corresponding and compensatory free state. But when Arkansas was admitted in 1836, Michigan was thrown into the other scale in 1837. Florida and Texas, annexed in 1845, were balanced by Iowa in 1846 and Wisconsin in 1848. But for California as a free state there was no peopled region that could be carved into a compensatory slave state and for that reason, as well as because of the rise of the anti-slavery agitation to fever heat, the controversy about 1850 took on an angrier tone than ever, and one more seriously threatening to the Union.

      The people of the country at that time might justly have been divided into three classes, viz:

      1. Those extreme opponents of slavery who were ready and eager to sacrifice the Union itself and the Constitution to the accomplishment of their emancipating purpose;

      2. Those extreme pro-slavery men who were equally ready to wreck the Union in order to perpetuate and extend the system of slave labor;

      3. Those intense lovers of the Union, North and South, who were ready to put aside and sacrifice their convictions for or against slavery in order to save the Nation from disruption with all its horrible consequences of civil war.

      This last class was at that time a dominant majority and for long afterwards it exercised a controlling and restraining influence over all the rest. It included men at the South who earnestly desired the extinction of slavery, and other men at the South who were sincerely convinced that the slave system was absolutely necessary to the cultivation of Southern fields and that its perpetuation was justified by the incurable inferiority of the black race, and the hopeless incapacity of the negro for freedom and self-government. At the North the class of those who cared more for the perpetuity of the Union than for either the extinction or the perpetuation of slavery included men of every shade of belief as regarded slavery itself, except the extreme opponents of the system. It included such men as Abraham Lincoln who, even after the war was on, persisted in holding to his heart as his supreme desire the perpetuity of the Union in order, as he splendidly phrased it in his Gettysburg speech, that "Government of the people by the people and for the people might not perish from the earth."

      It was a magnificent conflict of human forces. Incidentally it brought into play passion, prejudice, malice, groveling self-interest and brutal disregard of others' rights and feelings. But in large part it was dominated, on the one side and upon the other, by a love of liberty, an instinct of justice and an exalted patriotism that did honor to those who were so inspired.

      All these sentiments and aspirations were variously directed, giving rise sometimes to contradictory courses of action. But he who would understand and interpret the events of that time must fully conceive the fact that the inspiring impulses of the great majority were essentially and fundamentally the same on both sides, however variously they may have been interpreted into conduct. Only thus shall we understand how it was that men on opposite sides of a geographical line, men equally loving liberty and equally holding in reverence the traditions of the American Union, fell a-fighting in 1861 and for four years waged the bloodiest and most devastating war of which modern history anywhere makes record.

      The controversy with respect to California and the territories was only a part of the disturbing influences of the middle of the nineteenth century.

      The Constitution of the United States, in Section 3 of Article IV, distinctly imposed upon the states and upon the people thereof the duty of returning to their masters all fugitive slaves who might escape from one state to another. That provision of the Constitution was resented, even to the point of violence by the antagonists of slavery; it was insisted upon by the advocates of slavery—in the North as well as in the South—to the border-land of crime. It was defeated of its purpose, not only by the acts of individuals banded together with express intent to nullify it in practice, but still more by laws enacted in many states at the North to facilitate its nullifications. The law officers of many states either refused to exercise their authority for the enforcement of this law or going further, employed their authority to prevent its enforcement.

      Let us frankly recognize the fact that these men were in effect disunionists, and the further fact that they were such upon conscientious conviction. All this was done in full faith that it was right and in response to the requirements of conscience. But it was done in flagrant violation of the constitutional compact. We may sympathize with the impulses of the sheriff or other officer who refused to aid in the return of an escaping negro to slavery, and still more easily we may sympathize with those unofficial persons who fed and housed and expedited escaping slaves, in their refusal to aid a system of human bondage of which they were conscientiously intolerant, but on the other hand we may not justly blink the fact that all this was in disobedience of the fundamental law of the land, in violation of that compact on which alone the Union rested, and in derogation of property rights which the compact of union pledged all the states to enforce and all the people to respect.

      The whole trouble lay in the fact that there was an "irrepressible conflict" between the ideas that were dominant North and South and that laws and constitutions, and compacts, and agreements were powerless to enforce themselves or to get themselves enforced in opposition to intense conviction and strongly felt sentiment.

      The feeling on both sides ran high and was intensely intolerant. It was heedless of reason or argument. It scoffed at compacts and agreements. It made of legal obligations a mockery and of constitutional requirements a laughing stock.

      It entered also into every relation of life and mischievously disturbed every such relation. It divided families. It disrupted churches, producing divisions in them, some of which—most of which indeed—have not been healed even in our present time when the war and slavery and all things pertaining to them are matters of history.

      Along the line of the Ohio river, where one brother had gone across the narrow stream to Indiana in search of fortune while another had remained behind in Kentucky, the specter of this implacable controversy wrought an estrangement that was at once cruel and unnatural. Skiffs lined the opposing shores. Intercourse was easy and the waterway between was of trifling width; but the skiffs were not used, and the intervening waterway was left uncrossed, because between those who dwelt upon the one side of the stream and those who lived upon the other there arose the black shadow of the irrepressible conflict. They were friends and near relatives. Their homes confronted each other with only a placid stream between. Their shores were far less than a mile apart, and their old loves for each other were uncooled, so far as they realized. But they gradually ceased to visit each other. Those courtships and marriages which had been the frequent occasions of rejoicing among them became of the very rarest occurrence and finally ceased to occur at all. And all this in spite of the fact that in northern Kentucky slavery was scarcely more than a name while the people on the other side of the river

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