Stephen A. Douglas: A Study in American PoliticsJohnson, Allen
History
Stephen A. Douglas: A Study in American Politics
Johnson, Allen
Douglas, Stephen A. (Stephen Arnold), 1813-1861
The captious criticism of the Freeport doctrine by Southerners of the
Calhoun-Jefferson Davis school was less damaging, from a legal point
of view, than the sober analysis of Lincoln. The emphasis in Lincoln's
famous question at Freeport fell upon the word _lawful_: "Can the
people of a United States Territory, in any lawful way," etc. Douglas
had replied to the question of legal right by an assertion of the
power of the people of the Territories. This answer, as Lincoln
pointed out subsequently, was equivalent to saying that "a thing may
be lawfully driven away from where it has the lawful right to
be."[794] As a prediction, Douglas's simple statement, that if the
people of a Territory wanted slavery they would have it, and if they
did not, they would not let it be forced on them, was fully justified
by the facts of American history. It has been characteristic of the
American people that, without irreverence for law, they have not
allowed it to stand in the way of their natural development: they have
not, as a rule, driven rough-shod over law, but have quietly allowed
undesirable laws to fall into innocuous desuetude.
But such an answer was unworthy of a man who prided himself upon his
fidelity to the obligation of the Constitution and the laws. Feeling
the full force of Lincoln's inexorable logic,[795] but believing that
it was bottomed on a false premise, Douglas endeavored to give his
Freeport doctrine its proper constitutional setting. During the
summer, he elaborated an historical and constitutional defense of
popular sovereignty. The editors of _Harper's Magazine_ so far
departed from the traditions of that popular periodical as to publish
this long and tedious essay in the September number. Douglas probably
calculated that through this medium better than almost any other, he
would reach those readers to whom Lincoln made his most effective
appeal.[796]
The essay bore the title "The Dividing Line between Federal and Local
Authority," with the sub-caption, "Popular Sovereignty in the
Territories." In his interpretation of history, the author proved
himself rather a better advocate than historian. He had traversed much
the same ground in his speeches--and with far more vivacity and force.
Douglas searched the colonial records, and found--one is tempted to
say, to find--our fathers contending unremittingly for "the
inalienable right, when formed into political communities, to
exercise exclusive power of legislation in their local legislatures in
respect to all things affecting their internal polity--slavery not
excepted."[797]
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