While the Supreme Court was dedicating the Territories to slavery and Douglas was preaching local nullification, anarchy continued its delirious dance in Kansas. Guerilla warfare continued to vex the Territory as with unconscious humor the settlers illustrated the doctrine of popular sovereignty in practical operation.
On January 12th, 1857, the legislature met at Lecompton. On the same day the pro-slavery party held a convention in which it was decided that it was useless to continue the struggle. But the more active and determined leaders were not so easily discouraged and decided with the aid of the Administration to force a pro-slavery Constitution upon the people and drag the young Commonwealth into the Union as a slave State. By the middle of February a bill passed the legislature providing for the holding of a Constitutional Convention. It made no provision for submitting the Constitution to a vote. Governor Geary vetoed it. The bill was at once passed over the veto. The election of delegates to the Convention was set for the 15th of June.
Among the earliest acts of the new President was the appointment of Ex-Senator Robert J. Walker of Mississippi as Governor of the Territory. Before going to his post of duty, Walker visited Douglas at Chicago for counsel and showed him his inaugural address, in which he declared that any Constitution adopted must be submitted to a vote of the resident citizens of the Territory. Douglas heartily approved this and with all sincerity wished the new Governor God-speed in his perilous enterprise. Walker arrived late in May.
In the name of the President he promised that the election of delegates to the Convention should be free from fraud and violence and that the Constitution should be fairly submitted to a vote.
Buchanan assured him that on the question of submitting the Constitution to the bona fide resident settlers he was willing to stand or fall.
When the election was held the Republicans, who numbered at least two-thirds of the voters of the Territory, committed the blunder of refusing to vote. It was within their power to control the Convention and dictate the Constitution. But their bitter experience had produced utter distrust of the Federal Government and silent rebellion against it. They had organized themselves into a band of rebels bent on maintaining their free State. The election resulted in the choice of a majority of rabid pro-slavery delegates.
The Convention which met on October 19th produced a unique Constitution, declaring that the right of property was before and higher than any constitutional sanction, that the right of the owner of a slave to such slave and his increase was the same and as inviolable as the right of the owner of any property whatever, and provided that it could not be amended before 1865, and then could not interfere with slavery. With exquisite ingenuity it was decided to call an election on December 21st and let the people vote on the question whether they were "for the Constitution with slavery," or "for the Constitution with no slavery." No vote against the Constitution was permitted. To make assurance doubly sure, it was provided that, if "the Constitution with no slavery"carried, slavery should not exist in the State except that the right of property in slaves then in the Territory should in no measure be interfered with.
Walker denounced it as a fraud. Buchanan in his feeble way intended at fist to support him. But the Southern hotspurs, who understood the vacillating old man, threatened secession and general ruin unless he adopted their program. He yielded and threw the whole influence of his office for the admission of the State with this Constitution.
But this was too much for the patient Northern Democrats. Murmurs of criticism, swelling to shouts of denunciation, were heard in the North without much regard to politics. Douglas, who was in Chicago when the news arrived of the attempted swindle, immediately denounced it and promised his strenuous opposition. The situation of Kansas was tragical. But that of Douglas was still more so. He had staked his standing as a statesman upon the establishment of the right of the settlers to mould their own institutions and had successfully urged the election of Buchanan on the solemn pledge that the principle of popular sovereignty would be faithfully applied.
He had reached the parting of the ways. At the last election Michigan had defeated Cass for his political sins and elected the radical Chandler in his place. Would Illinois' patience last forever? Was it certain that the cool, deep-plotting Lincoln would not succeed in overthrowing his power if he accepted the program of his party?
He must stand for reelection next year and Illinois sentiment could not be trifled with now. The rebellion of Northern Democrats against Southern policies was not limited to Michigan. If he would be President, he must retain his Northern Democratic support. He would gladly have the South, but he must have Illinois.
Already history has rendered a divided verdict upon this period of his life. He heartily abhorred the Kansas fraud and would really have liked to see the people given a fair chance to make a government for themselves. He believed in fair play and despised sharp practice and pettifogging tricks. He had the sincere faith in popular wisdom and virtue characteristic of the West. His cherished doctrine had been embodied in a ghastly abortion. His pledge to the people had been shamelessly broken. While the course of honor happened to be that of prudence, Douglas was not incapable of choosing it from pure and unselfish patriotism.
