In other words there was intolerance on both sides; misunderstanding on both; an utter failure on each side to grasp the considerations that controlled the acts of men on the other side; a fanatical dogmatism on the one side and upon the other that was open to no argument, no consideration of fact or circumstance, no reasoning of any kind.
Thus came about the "irrepressible conflict." These were the influences that created it and forced it to an issue of politics. How it resulted in the most stupendous war of modern times must be related in other chapters.
CHAPTER V
The Compromise of 1850
The Mexican war and the subsequent negotiations added a vast territory to the national domain. Much of it lay south of the Missouri Compromise line, and into that part of it at least the advocates of slavery confidently expected to extend their labor system.
The introduction of the Wilmot Proviso and its passage by the House did not indeed result in the exclusion of slavery from those territories, for the reason that the proviso, failing in the Senate, did not become law.
But it alarmed the South. By the Southerners of the more radical pro-slavery school it was accepted as a notice to quit; a notification that so far as Northern anti-slavery sentiment could control the matter, there was to be no further addition of a single acre to the slave territory of the Union; that so far as that sentiment could influence national politics, the power of the Federal Government was thenceforth and forever to be exercised to prevent the extension of slavery into any new territory acquired or to be acquired by the Union north or south of the Missouri Compromise line, and in the end to abolish the system altogether.
Let us clearly understand this situation. The Wilmot Proviso and all the attempted legislation, by which it was sought to confine slavery within the boundaries prescribed for it by existing conditions, seemed to the opponents of slavery merely a legitimate effort to emphasize the fact that free labor was national, while slavery was a permitted evil within prescribed limits permitted solely because within those limits the national power was not authorized to exert itself for the extermination of the system. On the other hand, all these things seemed to the Southern mind to be an utterly unjust discrimination against a part of the people. The territories involved in the controversy had become national possessions, they contended, largely through the activities of Southern men and Southern statesmanship. It was felt to be a grievous wrong that Southern men should be forbidden to emigrate to those territories on equal terms with other citizens of the Union or that thus emigrating they should be forbidden to take with them their slave property, which represented in part their industrial system but in far greater part their domestic life.
The very proposal thus to exclude them from an equal participation in the opportunities and the privileges opened to other citizens of the Republic by the acquisition of these new territories seemed to them a threat, a notification that henceforth they were to be treated not as citizens of the Union entitled to the same protection and the same privileges that were extended to other citizens, but as inferior and offending persons, persons graciously permitted to exist, but persons to be excluded, because of their offenses, from an equal participation in the conquests and land purchases of the Nation and from the enjoyment of a share of the benefits resulting from the addition of a great and immeasurably rich territory to the national domain.
It is true that the proposal of their exclusion had failed to become law. But it had failed by a margin so narrow that its success might easily be anticipated as an event of the near future. It is true that neither the Wilmot Proviso nor any other legislation suggested at that time sought to forbid Southerners to migrate into the new territories. But it was proposed that they should be forbidden by law to take with them into those territories the slaves upon whose services they relied not only for agricultural work, but even more for that domestic service to which they had been accustomed all their lives to look for comfort. To tell them that they might remove their households into the new territories, but at the same time to say to them that they must leave behind all that had before contributed to their prosperity and to the comfort of their domestic arrangements, seemed to them something worse than a mockery.
Out of the agitation of these questions arose very important events.
The old sentiment at the South in favor of a gradual emancipation of the slaves, though it survived in some degree to the end, gave place, in large measure, to a new sentiment in behalf of slavery as a thing right in itself, a sentiment born of the instinct of self-preservation.
The manifest disposition to exclude slavery from the newly acquired Southern possessions prompted the men of the South to question the Missouri Compromise itself. The spirit of that compromise had been that slave property might be taken into territories south of 36° 30´ north latitude, with the assurance that such territories might become slave states, in return for the stipulation of the South that all territory lying north of that line should be forever exempted from slavery. When the new territory was acquired from Mexico, a large part of it lying south of that line, it was naturally expected that in those regions the people of the slave states were to find an outlet for emigration as freely as those of the Northern states found a like outlet north of that line. When a determined effort was made, with every prospect of success, to deny even this to them, they began seriously to question a compromise by which they had surrendered so much and seemed now destined to gain so little. They had secured Arkansas and Missouri as outlets for their superfluous, discontented, unfortunate or specially enterprising population; they had surrendered all claim to an equal opportunity in Iowa, Kansas, Nebraska, Minnesota, the Dakotas and all the rest of the rich regions embraced in the Louisiana Purchase. Obviously, it seemed to them, they had made a bad bargain, and now that they were threatened with a denial of their share in the benefits of it, so far as the territory acquired from Mexico was concerned, they were disposed to repent them of it or at the very least to question the extent to which its terms were binding on themselves.
The compromise, they reflected, was merely a matter of statutory law. It had no constitutional obligation back of it. It had been enacted by one congress. It could be repealed by another. In answer to the threat to disregard its spirit in dealing with the new territories, the Southerners made the counter-threat to repeal the compromise itself. It was all very natural, very human, but to the Republic it was very dangerous.
The lands that lay north of the dead line were still territories and still for the most part unoccupied. Nothing more binding than an easily repealable statute forbade Southerners to migrate into those territories with their negroes and in due time, by out-voting Northern immigrants, to make slave states of them. The essence of the compromise they held to be, that in return for the prohibition of slavery north of 36° 30´ north latitude, slavery should be freely permitted in all regions lying south of that line if the people settling there should so decide. If the contract was to be repudiated on the one hand, why, they asked, should it not be equally repudiated on the other? If the Missouri Compromise was to carry with it none of the benefits it conferred on the South why should it be held binding upon the South for the benefit of the North?
This seems to have been the thought and attitude of the South at that time, and it soon found expression in legislation and in attempted legislation.
The discovery of gold in California quickly resulted in such a peopling of that region as made its admission to the Union as a state a necessity. The settlers there were mainly from the North and they naturally had no desire to make a slave state out of the 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