THE KANSAS WAR Trumbull took his seat in the Senate at the first session of the Thirty-fourth Congress, December 3, 1855. His credentials were presented by Senator Crittenden, of Kentucky. Senator Cass, of Michigan, presented a protest from certain members of the legislature of Illinois reciting that the constitution of that state made the judges of the supreme and circuit courts ineligible to any other office in the state, or in the United States, during the terms for which they were elected and one year thereafter; affirming that Trumbull was elected judge of the supreme court June 7, 1852, for the term of nine years and entered upon the duties of that office June 24, 1852; that the said term of office would not expire until 1861; and that, therefore, he was not legally elected a Senator of the United States. The papers were eventually referred to the Committee on the Judiciary, but in the mean time Trumbull was sworn in. Before the question of reference was disposed of, however, Senator Seward contended that no state could fix or define the qualifications of a Senator of the United States. He instanced the case of N. P. Tallmadge, who had been elected a Senator from New York while serving as a member of the legislature of that state, although the constitution of New York disqualified him and all other members from such election. Tallmadge was nevertheless admitted to the Senate and served his full term. Trumbull's right to his seat was decided in accordance with that precedent by a vote of 35 to 8, on the 5th of March, 1856. Senator The subject of burning interest in Congress was the condition of affairs in Kansas Territory. When the bill repealing the Missouri Compromise was pending, the opinion had been generally expressed by its supporters that slavery never would or could go into that region. Several Southern Senators and most of the Northern Democrats had held this view. Hunter, of Virginia, considered it utterly hopeless to expect that either Kansas or Nebraska would ever be a slaveholding state. Badger, of North Carolina, said that he had no more idea of seeing a slave population in either of them than he had of seeing it in Massachusetts. Dixon, of Kentucky, held a similar view. Nor is there any reason to doubt the sincerity of these men. Apparently the only Southern Senator who then cherished a different belief was Atchison, of Missouri, whose home was on the border of Kansas and whose opinions were based upon personal knowledge and backed by self-interest. President Pierce appointed Andrew H. Reeder, of Pennsylvania, governor of Kansas Territory. Reeder was not unwilling to coÖperate with the South in establishing slavery in an orderly way, but was quite unprepared for the tactics which had been planned by others to expedite his movements. He called an election for a delegate in Congress to be held on the 29th of November, 1854. An organized army of Missourians marched over the Kansas border, seized the polling-places, and cast 1749 fraudulent votes for a pro-slavery man named Whitfield. This was a gratuitous and unnecessary act of violence, since the bona-fide settlers from Missouri outnumbered the Free State men and the latter were, as yet, unorganized and unprepared. Governor Reeder confirmed A few immigrants had already gone into the territory from the New England States, moved by the desire of bettering their condition in life. Some of them had been assisted by the Emigrant Aid Company of Worcester, Massachusetts, a society started by Eli Thayer for the purpose of furnishing capital, by loans, to such persons for traveling expenses and for the building of hotels, sawmills, private dwellings, etc. These settlers from the East were as little prepared as Reeder himself for the sudden swoop of Missourians, and although they wrote letters to Northern Congressmen and newspapers protesting against the election of Whitfield as an act of invasion and a barefaced fraud, nothing was done to prevent him from taking his seat. The next election (for members of the territorial legislature) was fixed for the 30th of March, 1855. What kind of preparations for it had been made in the mean time in Missouri was plainly indicated by the following letter, dated Brunswick, Missouri, April 20, 1855, published in the New York Herald:
It was not conscious brigandage that prompted this movement, but the simplicity of minds tutored on the frontier and fashioned in the environment of slavery. The fifteen hundred Missourians, who gave Governor Reeder to understand that they would hang him on the nearest tree if he did not ratify their invasion of Kansas, had homes, farms, and families. They supported churches and schools of a certain kind and considered themselves qualified to civilize Africans. They were types of the best society that they had any conception of. Far from concealing anything that they had done, they boasted of it openly in their newspaper organ, the Squatter Sovereign, which published the following under the date of April 1:
This invasion was as needless as the former one, since the Free State men were still in the minority, counting
A little later we find him writing letters like the following to a friend in Atlanta, Georgia:
Atchison was constantly spurring others to deeds of lawlessness and violence, but he always stopped short of committing any himself. He was probably restrained by the fear of losing influence at Washington. It was by no means certain that President Pierce would tolerate everything. The sad fate of one of the companies recruited in the South for immigration to Kansas is narrated in the following letter, addressed to Senator Trumbull by John C. Underwood, of Culpeper Court House, Virginia:
Another letter among the Trumbull papers deserves a place here, the author of which was Isaac T. Dement, who (writing from Hudson, Illinois, January 10, 1857) says that he was living in Kansas the previous year and had filed his intention on one hundred and sixty acres of land where he had a small store and a dwelling-house:
Mr. Dement hoped that Congress would do something to compensate him for his losses. Governor Reeder ought to have been prepared for the second invasion. He had had sufficient warning. Unless
The "Border Ruffian" legislature proceeded to enact the entire slave code of Missouri as laws of Kansas. It was made a criminal offense for anybody to deny that slavery existed in Kansas, or to print anything, or to introduce any printed matter, making such denial. Nobody could hold any office, even that of notary public, who should make such denial. The crime of enticing any slave to leave his master was made punishable with death, or imprisonment for ten years. That of advising Reeder was removed from office by President Pierce on the 15th of August, and Wilson Shannon, a former governor of Ohio, was appointed as his successor. The Free State men held a convention at Topeka in October, 1855, and framed a state constitution, to be submitted to a popular vote, looking to admission to the Union. This was equivalent merely to a petition to Congress, but it was stigmatized as an act of rebellion by the pro-slavery party. On the 24th of January, 1856, President Pierce sent a special message to Congress on the subject of the disturbance in Kansas. He alluded to the "angry accusations that illegal votes had been polled," and to the "imputations of fraud and violence"; but he relied upon the fact that the governor had admitted some members and rejected others and that each legislative assembly had undoubted authority to determine, in the last resort, the election and qualification of its own members. Thus a principle intended to apply to a few exceptional cases of dispute was stretched to cover a case where all the seats had been obtained by fraud and usurpation. "For all present purposes," he added feebly, the "legislative body thus constituted and elected was the legitimate assembly of the Territory." This message was referred to the Senate Committee on Territories. On the 12th of March, Senator Douglas submitted a report from the committee, and Senator Collamer, of Vermont, submitted a minority report. This was the occasion of the first passage-at-arms between Douglas and his new colleague. The report was not merely a general endorsement of President Pierce's contention that it was impossible to go behind the returns Two days after the presentation of this report, Mr. Trumbull made a three hours' speech upon it without other preparation than a perusal of it in a newspaper; it had not yet been printed by the Senate. This speech was a part of one of the most exciting debates in the annals of Congress. He began with a calm but searching review of the Kansas-Nebraska Act, dwelling first on the failure of the measure to fix any time when the people of a territory should exercise the right of deciding whether they would have slavery or not. He illustrated his point by citing some resolutions adopted by a handful of squatters in Kansas as early as September, 1854, many months before any legislature had been organized or elected, in which it was declared that the squatters aforesaid "would exercise the right of expelling from the territory, or otherwise punishing any individual, or individuals, who may come among us and by act, conspiracy, or other illegal means, entice away our slaves or clandestinely attempt in any way or form to affect our rights of property in the same." These resolutions were passed before any persons had arrived under the auspices, or by the aid, of the New England Emigrant Aid Company; showing that, so far from being aroused to violence Douglas had wonderful skill in introducing sophisms into a discussion so deftly that his opponent would not be likely to notice them, or would think them not worth answering, and then enlarging upon them and leading the debate away upon a false scent, thus convincing the hearers that, as his opponent was weak in this particular, he was probably weak everywhere. It was Trumbull's forte that he never failed to detect these tricks and turns and never neglected them, but exposed them instantly, before proceeding on the main line of his argument. It was this faculty that made his coming into the Senate a welcome reinforcement to the Republican side of the chamber. The report under consideration abounded in these characteristic Douglas pitfalls. It said, for example:
Here was a double sophistry: First, the implication that, if the Emigrant Aid Company had boldly avowed that its purpose was to control the domestic institutions of Kansas and bring it into the Union as a free state, its heinousness would have been plain to all; second, that the Constitution of the United States, and the organic act
By way of justifying the Border Ruffians the report said that when the emigrants from New England were going through Missouri, the violence of their language and behavior excited apprehensions that their object was to "abolitionize Kansas as a means of prosecuting a relentless warfare on the institution of slavery within the limits of Missouri."
Trumbull next took up the contention of the report that since Governor Reeder had recognized the usurping legislature, he and all other governmental authorities were estopped from inquiring into its validity. No great effort of a trained legal mind was required to overthrow that pretension. Trumbull demolished it thoroughly. After giving a calm and lucid sketch of the existing condition of affairs in the territory, Trumbull brought his speech to a conclusion. It fills six pages of the Congressional Globe. This was the prelude to a hot debate with Douglas, who immediately took the floor. Trumbull had remarked in the course of his speech that the only political party with which he had ever had any affiliations was the Democratic. Douglas said that he should make a reply to his colleague's speech as soon as it should be printed in the Globe, but that he wished to take notice now of the Senator Crittenden called Douglas to order for using the word "libel," which he said was unparliamentary, being equivalent to the word "lie." Douglas insisted that he had not imputed untruth to his colleague, but had only said that all the Democrats in Illinois would impute it to him when they should read his speech. He then went into a general tirade about "Black Republicans," "Know-Nothings," and "Abolitionists," who, he said, had joined in making Trumbull a Senator, from which it was evident that he was one of the same tribe, and not a Democrat. So far as the people of Illinois were concerned, he said that his colleague did not dare to go before them and take his chances in a general election, for he (Douglas) had met him at Salem, Marion County, in the summer of 1855, and had told him in the presence of thousands of people that, differing as they did, they ought not both to represent the State at the same time. Therefore, he proposed that they should both sign a paper resigning their seats and appeal to the people, "and if I did not beat him now with his Know-Nothingism, Abolitionism, and all other isms by a majority of twenty thousand votes, he should take the seat without the trouble of a contest." Neither Trumbull nor Douglas was gifted with the sense of humor, but Trumbull turned the laugh on his antagonist by his comments on the coolness of the proposal that both Senators should resign their seats, which Governor Matteson would have the right to fill immediately, and which the people could in no event fill by a majority vote, since the people did not elect Senators under our system of government. The reason why he did Douglas's charges about Know-Nothings and Abolitionists were well calculated to make an impression in southern Illinois; hence Trumbull did not choose to let them go unanswered. His reply was pitched upon a higher plane, however, than his antagonist's tirade. He said:
Douglas replied at length to Trumbull on the 20th of March, in his most slippery and misleading style. If it
And he continued, ringing the changes on this alleged inconsistency through two entire columns of the Globe, as though a compact could not be made respecting a territory as well as for a state, and ignoring the fact that if slaves were prevented from coming into the territory, the material for forming a slave state would not exist when the people should apply for admission to the Union. If the word "forever" had, as Trumbull believed, applied only to the territory, it nevertheless answered all practi The remainder of Douglas's speech was founded upon the doings of Governor Reeder, whom he first used to buttress and sustain the bogus legislature in its acts, and then turned upon and rent in pitiable fragments, calling him "your Governor," as though the Republicans and not their opponents had appointed him. June 9, 1856, the two Senators drifted into debate on the Kansas question again, and Trumbull put to Douglas the question which Lincoln put to him with such momentous consequences in the Freeport debate two years later: whether the people of a territory could lawfully exclude slavery prior to the formation of a state constitution. Trumbull said that the Democratic party was not harmonious on this point. He had heard Brown, of Mississippi, argue on the floor of the Senate that slavery could not be excluded from the territories, while in the formative condition, by the territorial legislature, and he had heard Cass, of Michigan, maintain exactly the opposite doctrine. He would like to know what his colleague's views were upon that point:
Douglas did not answer this interrogatory. He insisted that it was purely a judicial question, and that he and all
Bedlam came at Charleston four years later. It is worthy of remark that in this debate Douglas held that a negro could bring an action for personal freedom in a territory and have it presented to the Supreme Court of the United States for decision. In the Dred Scott case, subsequently decided, the court held that a negro could not bring an action in a court of the United States. The Senate debate on Kansas affairs in the first session of the Thirty-fourth Congress was participated in by nearly all the members of the body. The best speech on the Republican side was made by Seward. This was a carefully prepared, farseeing philosophical oration, in which the South was warned that the stars in their courses were fighting against slavery and that the institution took a step toward perdition when it appealed to lawless violence. Sumner's speech, which in its consequences became more celebrated, was sophomorical and vituperative and was not calculated to help the cause that its author espoused; but the assault made upon him by Preston If a newcomer in the Senate to-day should plunge in medias res and deliver a three-hours' speech as soon as he could get the floor, he would probably be made aware of the opinion of his elders that he had been over-hasty. It was not so in the exciting times of the decade before the Civil War. All help was eagerly welcomed. Moreover, Trumbull's constituents would not have tolerated any delay on his part in getting into the thickest of the fight. Any signs of hanging back would have been construed as timidity. The anti-Nebraska Democrats of Illinois required early proof that their Senator was not afraid of the Little Giant, but was his match at cut-and-thrust debate as well as his superior in dignity and moral power. The North rang with the praises of Trumbull, and some persons, whose admiration of Lincoln was unbounded and unchangeable, were heard to say that perhaps Providence had selected the right man for Senator from Illinois. Although Lincoln's personality was more magnetic, Trumbull's intellect was more alert, his diction the more incisive, and his temper was the more combative of the two. From a mass of letters and newspapers commending Mr. Trumbull on his first appearance on the floor of the Senate, a few are selected for notice. The New York Tribune, March 15, 1856, Washington letter signed "H. G.," p. 4, col. 5:
The New York Daily Times, Washington letter, dated June 9:
Charles Sumner writes to E. L. Pierce, March 21:
S. P. Chase, Executive Office, Columbus, Ohio, April 14, 1856, writes:
John Johnson, Mount Vernon, Illinois, writes:
John H. Bryant, Princeton, writes:
At this time Trumbull received a letter from one of the Ohio River counties which, by reason of the singularity of its contents as well as of the subsequent distinction of the writer, merits preservation:
In April, 1857, Trumbull received an urgent appeal from Cyrus Aldrich, George A. Nourse, and others in Minnesota asking him to come to that territory and make speeches for one month to help the Republicans carry the convention which had been called to frame a state constitution. He responded to this call and took an active part in the campaign, which resulted favorably to the Republican party. |