Presidential Candidates:

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, and the settlement of this Oregon question involves all these interests. And in order to maintain these interests, and secure all the benefits resulting from them, we must not only go to 54° 40', but we have got to exclude Great Britain from the coast in toto."

In the course of the debate in committee of the House upon resolutions giving notice to Great Britain of the abrogation of the treaty between this country and Great Britain, Mr. Ramsey moved to strike out all after the word resolved (in one of the resolutions) and insert, "That the Oregon question is no longer a subject of negotiation or compromise." We quote from the record:

"Tellers were ordered and ten members passed between them, amid shouts of laughter, cries of 54° 40' forever, clapping of hands and stamping of feet, which the chairman was some time in suppressing; and the negative vote was then taken and stood 146. So the amendment was rejected."

The names of the ten "fifty-four forties," were as follows:

Archibald Bell, of Arkansas.

Alexander Ramsey, of Pennsylvania.

William Sawyer, of Ohio.

T. B. Hoge, of Illinois.

Robert Smith, of Illinois.

Stephen A. Douglas, of Illinois.

John A. McCleeland, "

John Wentworth, "

Cornelius Darrah, of Pennsylvania.

Felix S. McConnel, of Alabama.

It will be noticed, that then, as now, Mr. Douglas had the faculty of carrying his State delegation with him.

Mr. Douglas has, while in Congress, favored the appropriation by the general government of money for internal improvements upon the Jackson plan of strictly confining such appropriations to objects of national and general, not of State or local importance.

He has frequently voted for river and harbor bills – voted for the Independent Treasury bill, and has, in and out of Congress, utterly denied the power of Congress over the franchise in the States. Mr. Douglas was an early supporter of the Mexican war. "He opposed the incorporation of the Wilmot proviso into the two or three million bills. He believed the people's time had not come for any action on that subject. Slavery was now prohibited in Mexico. If any portion of that country should be annexed to the United States without any stipulation being made on that point, the existing laws would remain in force. …If the question was pressed for immediate decision, he could perceive no other mode of harmonizing conflicting sentiments, but by the adoption of the Missouri Compromise Line."

Mr. Douglas voted to bring up the Homestead bill which was before the last Congress and which passed the House, showing that he is in favor of that important measure.

We now come to the history of Mr. Douglas in connection with the Kansas-Nebraska bill.

The battle which he waged with his political opponents and won upon that bill is so fresh in the memory of all our readers that it will not be safe, or necessary, to go into a minute history of the struggle. In the winter of 1852-3, Mr. Douglas reported a Nebraska bill from the Territorial Committee of which he was chairman, which contained no repeal of the Missouri Compromise or enumeration of his peculiar Popular Sovereignty doctrines. In the great debate over the compromise measures in 1850, no one ever called in question the Missouri Compromise. In the winter of 1852-3, Senator Atchison, of Missouri, declared in his seat in the Senate that the Missouri prohibition could never be repealed.

The Kansas-Nebraska bill as reported from the Committee appeared first without any repeal of the Missouri restriction – on the 7th day of January it was first presented. On the 16th, Mr. Dixon, a Whig senator from Kentucky, proposed an amendment to the bill reported from the committee which repealed the aforesaid compromise. This movement was at first opposed by leading Democrats and their organ the Union, but in a very few days Mr. Douglas, either because he saw the justice of the repeal of the restriction or thought it would advance his political interests, acquiesced in the amendment and made it a part of his bill. We make a few brief extracts from Mr. Douglas's argument in the Senate, Jan. 30, 1854, in support of his bill:

"Sir, I wish you to bear in mind, too, that this geographical line, established by the founders of the Republic between free territories and slave territories, extended as far westward as our territory then reached; the object being to avoid all agitation upon the slavery question by settling that question forever, as far as our territory extended, which was then to the Mississippi River.

"When, in 1803, we acquired from France the territory known as Louisiana, it became necessary to legislate for the protection of the inhabitants residing therein. It will be seen by looking into the bill establishing the territorial government in 1805 for the territory of New Orleans, embracing the same country now known as the State of Louisiana, that the ordinance of 1787 was expressly extended to that territory, excepting the sixth section, which prohibited slavery. Then that act implied that the Territory of New Orleans was to be a slaveholding territory, by making that exception in the law. But, sir, when they came to form what was then called the Territory of Louisiana, subsequently known as the Territory of Missouri, north of the thirty-third parallel, they used different language. They did not extend the ordinance of 1787 to it at all. They first provided that it should be governed by laws made by the governor and the judges, and when, in 1812, Congress gave to that territory, under the name of the Territory of Missouri, a territorial government, the people were allowed to do as they pleased upon the subject of slavery, subject only to the limitations of the Constitution of the United States. Now, what is the inference from that legislation? That slavery was, by implication, recognized south of the thirty-third parallel; and north of that, the people were left to exercise their own judgment and do as they pleased upon the subject, without any implication for or against the existence of the institution.

"This continued to be the condition of the country in the Missouri territory up to 1820, when the celebrated act which is now called the Missouri Compromise act was passed. Slavery did not exist in, nor was it excluded from the country now known as Nebraska. There was no code of laws upon the subject of slavery either way: First, for the reason that slavery had never been introduced into Louisiana and established by positive enactment. It had grown up there by a sort of common law, and been supported and protected. When a common law grows up, when an institution becomes established under a usage, it carries it so far as that usage actually goes, and no further. If it had been established by direct enactment, it might have carried it so far as the political jurisdiction extended; but, be that as it may, by the act of 1812, creating the territory of Missouri, that territory was allowed to legislate upon the subject of slavery as it saw proper, subject only to the limitations which I have stated; and the country not inhabited or thrown open to settlement was set apart as Indian country and rendered subject to Indian laws. Hence, the local legislation of the State of Missouri did not reach into that Indian country, but was excluded from it by the Indian code and Indian laws. The municipal regulations of Missouri could not go there until the Indian title had been extinguished and the country thrown open to settlement. Such being the case, the only legislation in existence in Nebraska territory at the time that the Missouri act passed, namely, the 6th of March, 1820, was a provision, in effect, that the people should be allowed to do as they pleased upon the subject of slavery.

"The territory of Missouri having been left in that legal condition, positive opposition was made to the bill to organize a state government, with a view to its admission into the Union; and a senator from my State, Mr. Jesse B. Thomas, introduced an amendment, known as the eighth section of the bill, in which it was provided that slavery should be prohibited north of 36° 30' north latitude, in all that country which we had acquired from France. What was the object of the enactment of that eighth section? Was it not to go back to the original policy of prescribing boundaries to the limitation of free institutions, and of slave institutions, by a geographical line, in order to avoid all controversy in Congress upon the subject? Hence, they extended that geographical line through all the territory purchased from France, which was as far as our possessions then reached. It was not simply to settle the question on that piece of country, but it was to carry out a great principle, by extending that dividing line as far west as our territory went, and running it onward on each new acquisition of territory. True, the express enactment of the eighth section of the Missouri act, now called the Missouri Compromise act, only covered the territory acquired from France; but the principles of the act, the objects of its adoption, the reasons in its support, required that it should be extended indefinitely westward, so far as our territory might go, whenever new purchases should be made.

"Thus stood the question up to 1845, when the joint resolution for the annexation of Texas passed. There was inserted in that a provision, suggested in the first instance and brought before the House of Representatives by myself, extending the Missouri Compromise line indefinitely westward through the territory of Texas. Why did I bring forward that proposition? Why did the Congress of the United States adopt it? Not because it was of the least practical importance, so far as the question of slavery within the limits of Texas was concerned; for no man ever dreamed that it had any practical effect there. Then, why was it brought forward? It was for the purpose of preserving the principle, in order that it might be extended still further westward, even to the Pacific Ocean, whenever we should then acquire country that far. I will here read that clause in the joint resolution for the annexation of Texas. It is the third article, second section, and is in these words:

"'New States, of convenient size, not exceeding four in number, in addition to said State of Texas, having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof which shall be entitled to admission under the provisions of the Federal Constitution. And such States as may be formed out of that portion of said territory, lying south of 36° 30' north latitude, commonly known as the Missouri Compromise line, shall be admitted into the Union with or without slavery, as the people of each State asking admission may desire. And in such State or States as shall be formed out of said territory north of said Missouri Compromise line, slavery or involuntary servitude (except for crime) shall be prohibited.'

"It will be seen that that contains a very remarkable provision, which is, that when States lying north of 36° 30' apply for admission, slavery shall be prohibited in their constitutions. I presume no one pretends that Congress could have power thus to fetter a State applying for admission into this Union; but it was necessary to preserve the principle of the Missouri Compromise line, in order that it might afterward be extended, and it was supposed that while Congress had no power to impose any such limitation, yet, as that was a compact with the State of Texas, that State could consent for herself, that, when any portion of her own territory, subject to her own jurisdiction and control, applied for a constitution, it should be in a particular form; but that provision would not be binding on the new State one day after it was admitted into the Union. The other provision was, that such States as should lie south of 36° 30' min. should come into the Union with or without slavery, as each should decide, in its constitution. Then, by that act, the Missouri Compromise was extended indefinitely westward, so far as the State of Texas went, that is, to the Rio del Norte; for our Government at the time recognized the Rio del Norte as its boundary. We recognized it, in many ways, and among them by even paying Texas for it, in order that it might be included in and form a portion of the territory of New Mexico.

"Then, sir, in 1848, we acquired from Mexico the country between the Rio del Norte and the Pacific Ocean. Immediately after that acquisition, the Senate, on my own motion, voted into a bill a provision to extend the Missouri Compromise indefinitely westward to the Pacific Ocean, in the same sense and with the same understanding with which it was originally adopted. That provision passed this body by a decided majority, I think by ten at least, and went to the House of Representatives, and was defeated there by northern votes.

"Now, sir, let us pause and consider for a moment. The first time that the principles of the Missouri Compromise were ever abandoned, the first time they were ever rejected by Congress, was by the defeat of that provision in the House of Representatives in 1848. By whom was that defeat effected? By northern votes with free soil proclivities. It was the defeat of that Missouri Compromise that reopened the slavery agitation with all its fury. It was the defeat of that Missouri Compromise that created the tremendous struggle of 1850. It was the defeat of that Missouri Compromise that created the necessity for making a new compromise in 1850. Had we been faithful to the principles of the Missouri Compromise in 1848, this question would not have arisen. Who was it that was faithless? I undertake to say it was the very men who now insist that the Missouri Compromise was a solemn compact, and should never be violated or departed from. Every man who is now assailing the principle of the bill under consideration, so far as I am advised, was opposed to the Missouri Compromise in 1848. The very men who now arraign me for a departure from the Missouri Compromise are the men who successfully violated it, repudiated it, and caused it to be superseded by the compromise measures of 1850. Sir, it is with rather bad grace that the men who proved false themselves should charge upon me and others, who were over faithful, the responsibilities and consequences of their own treachery.

"Then, sir, as I before remarked, the defeat of the Missouri Compromise in 1848 having created the necessity for the establishment of a new one in 1850, let us see what that Compromise was.

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"Mr. President, I repeat that so far as the question of slavery is concerned, there is nothing in the bill under consideration which does not carry out the principle of the compromise measures of 1850, by leaving the people to do as they please, subject only to the provisions of the Constitution of the United States. If that principle is wrong, the bill is wrong. If that principle is right, the bill is right. It is unnecessary to quibble about phraseology or words; it is not the mere words, the mere phraseology, that our constituents wish to judge by. They wish to know the legal effect of our legislation.

"The legal effect of this bill, if it be passed as reported by the Committee on Territories, is neither to legislate slavery into these territories, nor out of them; but to leave the people to do as they please, under the provisions and subject to the limitations of the Constitution of the United States. Why should not this principle prevail? Why should any man, North or South, object to it? I will especially address the argument to my own section of country, and ask why should any northern man object to this principle? If you will review the history of the slavery question in the United States, you will see that all the great results in behalf of free institutions which have been worked out, have been accomplished by the operation of this principle and by it alone.

"When these States were colonies of Great Britain, every one of them was a slaveholding province. When the Constitution of the United States was formed, twelve out of the thirteen were slaveholding States. Since that time six of those States have become free. How has this been effected? Was it by virtue of abolition agitation in Congress? Was it in obedience to the dictates of the Federal Government? Not at all; but they have become free States under the silent but sure and irresistible working of that great principle of self-government, which teaches every people to do that which the interests of themselves and their posterity, morally and pecuniarily, may require.

"Under the operation of this principle, New Hampshire became free, while South Carolina continued to hold slaves; Connecticut abolished slavery, while Georgia held on to it; Rhode Island abandoned the institution, while Maryland preserved it; New York, New Jersey, and Pennsylvania abolished slavery, while Virginia, North Carolina, and Kentucky, retained it. Did they do it at your bidding! Did they do it at the dictation of the Federal Government? Did they do it in obedience to any of your Wilmot Provisoes or Ordinances of '87? Not at all; they did it by virtue of their rights as freemen under the Constitution of the United States, to establish and abolish such institutions as they thought their own good required.

"The leading feature of the Compromise of 1850 was Congressional non-intervention as to slavery in the territories; that the people of the territories and of all the States, were to be allowed to do as they pleased upon the subject of slavery, subject only to the provisions of the Constitution of the United States.

"That, sir, was the leading feature of the compromise measures of 1850. Those measures, therefore, abandoned the idea of a geographical line as a boundary between free States and slave States – abandoned it because compelled to do it from an inability to maintain it – and in lieu of that substituted a great principle of self-government, which would allow the people to do as they thought proper. Now the question is, when that new compromise, resting upon that great fundamental principle of freedom, was established, was it not an abandonment of the old one – the geographical line? Was it not a supersedure of the old one, within the very language of the substitute for the bill which is now under consideration? I say it did supersede it, because it applied its provisions as well to the north as to the south of 36° 30'. It established a principle which was equally applicable to the country north as well as south of the parallel of 36° 30' – a principle of universal application."

Mr. Douglas's bill passed both branches of Congress and became a law, after passing through a severe ordeal both in Congress and before the people. Its passage gave the popular branch of the next Congress into the control of Mr. Douglas's political enemies, for the bill in a majority of the free States was very unpopular.