Soon after the adjournment of the Legislature, Mr. Douglas was appointed by the President of the United States, Register of the Land Office at Springfield, Illinois. He desired to return to the law, but the acceptance of the office would be to his pecuniary advantage, and he felt it to be his duty to accept.
In November 1837, he was nominated to Congress by a Convention of the Democratic party in his district. The time was peculiarly unfavorable to him, for the country was in a whirlpool of agitation and the Democratic party of Illinois on many questions of the day, sided with the Whigs, and were against Mr. Van Buren.
The election took place in August, 1838 – thirty-six-thousand votes were cast – and his Whig opponent was elected by a majority of five votes! At the ensuing Presidential election, the same district gave Harrison a majority of three thousand votes over Van Buren. Mr. Douglas devoted himself to the law till the Presidential campaign opened, when he gave himself zealously up to that. He stumped the State for seven months from one part to the other, making the acquaintance of almost the entire people. The State went democratic. In December, 1840, Mr. Douglas was elected Secretary of State, and in February, 1841, was elected by joint vote of the State Legislature a judge of the Supreme Court. He was now but twenty-eight years of age, and at first resolved to decline this fresh honor; but, upon a reconsideration, he accepted the appointment, though it was to his pecuniary hurt.
In 1843, Mr. Douglas's health became so impaired that he made a trip into the Indian country. During his absence he was nominated for Congress by his friends, and when he returned he resigned his judgship and went into the canvass with great spirit. Himself and competitor were soon prostrated with bilious fever, and they were unable to rise from their beds on election day. The result of the election was the triumph of Mr. Douglas by four hundred votes. At the next election he was reëlected by nineteen hundred majority, and on the third election by twenty-nine hundred majority. He did not take his seat in the House under the last election, for, before the time came for the Congress to meet, he had been chosen to the U.S. Senate for six years. [Note: election took place in 1847.]
In April, 1847, M. Douglas was married to a Miss Martin, only daughter of Col. Robert Martin, of Rockingham County North Carolina. A few years since, Mr. Douglas lost his wife, and in the winter of 1856-7 married Miss Cutts of Washington, his present accomplished wife. By his first wife he had several children, and they inherited from their mother a large property in the South, consisting of land and slaves.
In 1838, Mr. Douglas took strong ground in Illinois against naturalization as a necessary pre-requisite to voting. He contended in the State courts – for the question was raised there – that though Congress has the exclusive right to prescribe uniform naturalization laws, yet that naturalization has necessarily no connection with the elective franchise, that being a privilege granted by the States. Mr. Douglas triumphed through a decision of the Supreme Court of Illinois.
In 1841, Mr. Douglas opposed the Bankrupt law of the time, which became so memorable. In the famous Oregon controversy and excitement he belonged to the "fifty-four forty or fight" party, and in his public speeches, as well as in private, took a very determined stand against the pretensions of Great Britain. Here is a paragraph from a speech of his in the House at this time:
"It therefore becomes us to put this nation in a state of defence; and when we are told that this will lead to war, all I have to say is this: preserve the honor and integrity of this country, but at the same time assert our right to the last inch, and then if war comes, let it come. We may regret the necessity which produced it, but when it does come, I would administer to our citizens Hannibal's oath of eternal enmity, and not terminate it until the question was all settled forever. I would blot out the lines on the map which now mark our national boundaries on this continent and make the area of liberty as broad as the continent itself."
To show the position of Mr. Douglas on the Oregon question, we will quote two paragraphs from one of his speeches:
"I choose to be frank and candid in this declaration of my sentiments on this question. For one, I never will be satisfied with the valley of the Columbia nor with 49°, nor with 54° 40′, nor will I be while Great Britain shall hold possession of one acre on the northwest coast of America. And I will never agree to any arrangement that shall recognize her right to one inch of soil upon the northwest coast; and for this simple reason. Great Britain never did own, she never had a valid title to one inch of that country. The question was only one of dispute between Russia, Spain and the United States. England never had a title to any part of the country. Our Government has always held that England had no title to it. In 1826, Mr. Clay, in his dispatches to Mr. Gallatin, said, 'it is not conceived that the British Government can make out even a colorable title to any part of the northwest coast!'…
"The value of the Oregon Territory is not to be measured by the number of miles upon the coast, whether it shall terminate at 49°, or at 54° 40′, or reach to 61° and the Arctic Ocean. It does not depend on the character of the country, nor the quality of the soil. It is true that consideration is not virtually of attention; but the great point at issue – the great struggle between us and Great Britain – is for the freedom of the Pacific Ocean; for the trade of China and of Japan, of the East Indies, and for the maritime ascendency on all these waters. That is the great point at issue between the two countries,