Chapter 56: 1853-1860
Pierce’s Administration

Purchase of the Mesilla Valley.—Treaty with Japan.—The Kansas—Nebraska Bill.—The effects of the Measure.—Emigrants to Kansas.—Struggles and Conflicts.—James Buchanan, President.—The Contest continues in Kansas.—National Progress.

The new President inaugurated on the 4th of March, was a native of New Hampshire, a graduate of Bowdoin College, and by profession a lawyer. He had served in the legislature of his native State, two terms in the House of Representatives at Washington and nearly a term in the Senate of the United States. William L. Marcy, of New York, was appointed Secretary of State.

Owing to the incorrectness of the maps used when the treaty of Guadalupe Hidalgo was made, a dispute arose as to the proper boundaries between New Mexico and the Mexican province of Chihuahua. Both parties claimed the Mesilla Valley, said to be fertile, but more important for affording facilities for a road to California. Santa Anna, who was again President of the republic of Mexico, and intent, as usual, on driving a bargain, took possession of the territory in dispute. The United States obtained the valley, and the free navigation of the Gulf of California and of the river Colorado, to the American boundary by paying the Mexican government ten millions of dollars.

The acquisition of California made the importance of commercial treaties with the nations of eastern Asia more and more apparent. During Fillmore’s term, Commodore Perry, brother of the hero of Lake Erie, was sent with a squadron to open communication with the empire of Japan. The inhabitants of those islands from time immemorial had excluded foreigners. The authorities were greatly astonished at the boldness of the Commodore, when he appeared with his steamers—the first that ever floated on those waters—in the Bay of Jeddo. He was ordered to depart; but he declined and insisted on seeing the proper authorities, and making known to them the object of his friendly visit. At length a Japanese officer appeared, who promised to lay the matter before the emperor. The 14th of July was the day named to receive the letter from the President.

The Commodore, escorted by a company of marines, landed. He was received with the pomp of an oriental pageant, and an answer to the letter promised the following spring. The answer was received and a treaty concluded. The merchants of the United States obtained permission to trade in two specified ports—Simodi and Hakodadi—and also for the residence of American citizens and consuls at the ports, as well as to visit without molestation in the interior, ten or twelve miles.

The measure that will render the administration of Pierce famous, was the bill to organize the territories of Nebraska and Kansas. This was an immense region—extending from the confines of Missouri, Iowa and Minnesota to the crest of the Rocky Mountains, and from thirty-six degrees thirty minutes north latitude, to the British possessions. This vast territory was a part of the Louisiana Purchase, from which, by the Missouri Compromise, the system of slavery had been excluded.

In part this region had been assigned to the various tribes of Indians, who years before, to make way for settlers, had removed from their lands northwest of the Ohio. The white settlers who had gone to that region wished that the Indian titles should be extinguished, and a territorial government established.

In accordance with this wish Senator Stephen A. Douglas, of Illinois, proposed a bill in the United States’ Senate, to organize this region into two territories, to be known as Kansas and Nebraska. This bill contained a clause repealing the Missouri Compromise, under the plea that it "was inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the compromise measures of 1850;" "it being the true intent of the act to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States."

The people were taken by surprise. The question, so destructive to national harmony, and which it was hoped had been settled forever, had assumed a new form. The Missouri Compromise had been deemed a sacred compact between the south and the north, and as such, for the third of a century, had received the sanction of all parties. The irritations caused by the fiery discussions in Congress four years previous were by no means yet healed. A deep-toned feeling was excited, especially in the northern States.

It was just fifty years since the purchase of the territory, and up to this time nearly all its benefits had been enjoyed by those who held slaves. Meantime emigrants from the free States had been compelled, from their unwillingness to come in contact with slavery, to seek their homes and farms north of Missouri, and forego the advantages of the genial climate found in the latitude of that State.

These free laborers, as well as those who intended to seek homes in the west, complained that this region, guaranteed to them by the Missouri Compromise, should be rendered liable to be made slaveholding. Conventions were held and petitions poured into both Houses of Congress, imploring those bodies not to disturb the tranquility of the country, nor violate the compact so long held sacred. The South did not participate so much in this feeling.

In reply to these remonstrances it was said, the principle of "Squatter or Popular Sovereignty," would obviate all difficulty; by this principle the people of the territory would be free in their political action, and when they came to form their state constitutions, and ask admission into the Union, they could exercise this right and adopt or reject slavery. With this interpretation the bill passed Congress, after nearly four months’ discussion, was signed by the President, and became the law of the land.

Now came the struggle to secure the new State by sending emigrants, whose votes were to decide the question. Two years before, and not with reference to a contingency of this kind, the Legislature of Massachusetts incorporated a company known as "The Emigrants’ Aid Society." This association had been inactive, but now its aid was invoked, and numbers were assisted to emigrate to Kansas. Similar societies were formed in other northern States. The emigrants from the free States went to remain and improve their claims, and found homes for their families. Emigrants came also from the Southern States, but with the exception of those who came from Missouri only a limited number have remained in the territory to improve their claims.

Conflicting opinions soon produced political parties known as Pro-Slavery and Free-State, and the practical application of the doctrine of "popular sovereignty" was appealed to, to test which party had the majority, and according to true democracy should rule.

The first territorial election was held to choose a delegate to Congress, and four months later—a census in the meantime having been taken and the territory divided into districts—another election was held to choose members to the Territorial Legislature. In both of these elections, the pro-slavery party claimed that they had chosen their candidates, but the free-state men repudiated the election as fraudulent; giving as a reason that the polls were controlled by armed men from Missouri.

The Territorial Legislature assembled at Pawnee and immediately adjourned to the Shawnee Mission, near the Missouri State line. They passed a series of laws, to which Governor Reeder refused his signature, on the ground that the Legislature, by the organic act, could not change the place of meeting appointed by himself. These laws were however passed by a two-thirds vote.

The Free State men held conventions, denied the legality of the legislature, and refused to obey the laws enacted by it, and made arrangements to choose delegates to a Convention to form a Constitution. In due time this Convention assembled at Topeka, framed a Constitution rejecting slavery, and ordered it to be submitted to the vote of the people, who ratified it. One month later the people chose State officers and members for a State Legislature. Soon after Governor Reeder was removed from his office by the President.

During these ten months confusion reigned in the Territory. Outrages of almost every kind were committed, robberies, murders, illegal arrests and property destroyed, most of which belonged to the Free State settlers.

Wilson Shannon, of Ohio, who had recently been appointed Governor, now appeared and assumed office. He declared himself in favor of the laws enacted at the Shawnee Mission.

The government, under the Free-State Constitution, was organized, and the contest took the form of civil war.

At the opening of the session of Congress, the delegate from Kansas, chosen as related above, appeared and demanded his seat. After a spicy discussion the House refused the demand, but appointed a committee to proceed to the Territory and summon witnesses in relation to the recent elections. In a month’s time the committee had arrived in Kansas, and commenced the investigation. Their report sustained the charge that those elections had been carried by fraud.

The summer of 1856 was signalized by the commission of many outrages, committed in different parts of the Territory. The Free-State men armed themselves, and determined to defend their rights. Several conflicts ensued and many lives were lost. Presently Shannon received notice of his removal from office, and John W. Geary, of Pennsylvania, soon appeared as his successor. The new governor honestly labored to restore harmony. He ordered "all bodies of men combined, armed, and equipped with munitions of war, without authority of the government, instantly to disband, and quit the territory." Upon this the companies of Free-State men nearly all disbanded, but it was only partially obeyed by the other party, who had concentrated a force of more than two thousand men. The Governor, with the dragoons, threw himself between them and the town of Lawrence and prevented another conflict.

The presidential canvass was now in progress. The main question at issue—the extension of slavery into the Territories or its limitation to the States wherein it already existed.

Within a few years political issues had somewhat changed. A party known as American, had arisen; their main principle opposition to foreign influence, and their motto, "Americans should rule America." The following year they were successful in most of the state elections. Meantime arose another party, composed principally of Whigs and Democrats, who were opposed to the extension of slavery into free territory. They were known as Republicans. On the other hand the Democrats announced themselves willing to let slavery go into the territories if the inhabitants thereof desired it. The latter party nominated James Buchanan, of Pennsylvania; the Republicans, John C. Fremont, of California, and the Americans, ex-president Fillmore.

The canvass was one of more than usual spirit. The passage of the Kansas-Nebraska bill had even added new interest to the main question at issue. It had taken deep hold of the minds of the people; and they never before gave such evidence of their independence, and repudiation of mere party ties.

Mr. Buchanan was elected President, and John C. Breckinridge, of Kentucky, Vice-President.

The House of Representatives at Washington passed a bill, declaring the acts of the Territorial Legislature of Kansas null and void, both on the ground that its enactments "were cruel and oppressive," and that "the said legislature was not elected by the legal voters of Kansas, but was forced upon them by non residents in violation of the organic act of the territory." This bill failed to pass the Senate.

On the 4th of March, Mrs Buchanan was inaugurated President. He was educated for the legal profession. At the age of twenty-three he served as a member of the Legislature of his native State. He was afterward a member of the House of Representatives ten years; then Minister to Russia—sent by General Jackson—then a member of the Senate of the United States; then Secretary of State, under President Polk, and then Minister to Great Britain. Senator Lewis Cass was appointed Secretary of State, by the new President.

Under the auspices of the Territorial Legislature of Kansas an election was ordered for delegates to a convention for the purpose of framing a constitution, but under conditions to secure a pro-slavery majority of delegates. The Free State men, for the reasons already given, as well as others, refused to take part in the election. It was held, however, and a proslavery delegation chosen. Meanwhile the other party published an address to the people of the United States, in which they set forth the wrongs they had endured, and to which they were still subject.

Soon after Governor Geary resigned, and the President appointed Robt. J. Walker, of Mississippi. The new Governor endeavored to remedy these evils, and promised the people of the territory a free expression of their wishes at the polls.

Owing to the influence of Governor Walker the Free State men consented to vote at the coming election for a delegate to Congress, and members for a Territorial Legislature. They, by a vote of more than two to one, chose their candidates.

Shortly after this election, the delegates chosen as we have seen, met in convention at Lecompton, and speedily framed a constitution. It contained a provision adopting slavery, and this provision alone, the convention submitted to the people of Kansas to ratify or reject. Connected with this was a clause which made it necessary for those who were challenged at the polls "to take an oath to support the constitution if adopted," before they were permitted to deposit their vote. This was followed by a proviso that the Constitution could not be amended before the year 1864, and then only by the concurrence of two-thirds of the members of both Houses of the Legislature and "a majority of all the citizens of the State."

The Free State men refused to vote on the ratification of this constitution, as they denied the authority that framed it; but it received some votes, and was declared adopted, and sent as such to Congress. There the discussion on the subject was as bitter as ever. It was denied that the people of Kansas were fairly created in not having the opportunity to vote upon the adoption of the entire constitution as implied by the doctrine of "Popular Sovereignty," said to be the essence of the Kansas-Nebraska bill.

Finally, a bill was passed to submit the constitution to the people of Kansas, but on two conditions: one, that if they failed to ratify it, they would not be permitted to enter the Union until they had a population of ninety-three thousand; the other, if they did ratify it, they should receive certain of the public lands for State purposes. In the face of these strange conditions the people of Kansas, on the 2d of August, rejected the constitution by an overwhelming majority.

After this decided and noble stand by the Free State men in Kansas there was a lull in the excitement. Meanwhile the people were preparing for the territory to assume her place among the States of the Union when the whole nation was startled by an effort to free the slaves by force or arms. The plan was organized and attempted to be carried out by John Brown—better known as "Old John Brown of Osawatomie," at which place he lived, and who, in the Kansas troubles, had beaten off an armed force of the pro-slavery party five times as great as his own, the former having an unusual number of men killed and wounded.

This singular, conscientious, determined man, who under no circumstances ever swerved from what he thought was right, was a native of Connecticut, and descended from Peter Brown, a humble Pilgrim on the Mayflower. Religiously trained, he became a church-member at the age of sixteen; thoughtful for his years, at twelve he found himself an instinctive hater of slavery from seeing his friend, a colored boy about his own age, grossly abused without redress. This hatred of the system was never modified, but grew intenser with his years. At the time of which we speak he was a resident of New York State. When he learned of the efforts to force the system of bondage on the territory of Kansas he hastened thither, where he already had four sons, and three others who soon after followed their father. There in his peculiar way he became a leader among the Free State men in their conflicts with their enemies from across the boundary line of the territory and Missouri. In one of these battles beside him lay a son just killed, while the father in one hand held the pulse of another mortally wounded, and in the other grasped a rifle. Some time before another son had been murdered. With only twenty-one men he seized the United States arsenal at Harpers Ferry in northern Virginia. He may have supposed the slaves would avail themselves of an opportunity to fight for their freedom, but none joined him. They always looked for some outside influence to secure their emancipation. John Brown is represented as being kind and sympathetic, and his heart was moved as he contemplated the system of bondage under which the slaves moaned. He thought himself in the line of duty, and while we may respect his motives we cannot his prudence. The explanation may be that he brooded so long over the wrongs suffered by the slaves that he became partially crazed on the subject, and overlooked the insuperable difficulties in carrying out his plan for their emancipation. In the conflict which ensued with the State authorities, who were aided by United States marines, he was wounded and captured, after a severe struggle, in which thirteen of his party were killed—two of them his sons—six were made prisoners, and two escaped. During his trial he lay on his couch in the courtroom. He met death in a calm and heroic manner.

This was the only instance in which an Abolitionist, as such, attempted to secure the freedom of the slaves by means of violence.

Three days after the execution of Brown, Congress assembled, and during its session was laid before it a constitution voted upon and approved by the people of Kansas. A bill admitting the State passed the House, but failed in the Senate.

A treaty having been made with Japan that government sent, in the summer of 1860, a number of officials to bring it when ratified to the United States. This imposing embassy consisted in all of seventy-one persons of various ranks. They were received and treated as the guests of the Nation, and in consequence of this treaty important commercial relations have since existed between the United States and that empire.

Minnesota was admitted into the Union, and allowed to have two representatives until the next apportionment of members among the several States.

A change was made in the laws in relation to the issue of patents, by which "all patents hereafter granted shall remain in force seventeen years from date of issue, and all extensions of such patents are hereby prohibited."

The Eighth Census of the United States sums up as follows: Entire population, 31,443,790; of whom 3,953,529 are slaves.

The question of the extension of slavery into the Territories, was by no means decided in the presidential contest of 1856. During the subsequent four years the discussion of the subject still continued in Congress and among the people. In proportion as they read and judged for themselves, did party spirit lose its despotic influences, and the change in public sentiment, especially in the non-slaveholding States, was unprecedented. Many thousands of intelligent voters, who once acquiesced in the policy of the extension of the system, would no longer lend their sanction to measures the tendency of which they now better understood.

In view of subsequent events, a more than usual interest will ever belong to the exposition of principles as set forth in what are termed "platforms" of the parties in nominating their respective candidates for the office of President in 1860.

The Democratic party, at a convention held in Charleston, South Carolina, became divided into two hostile sections—the Breckinridge and Douglas—thus designated from their prominent leaders. One section—the Breckinridge—reaffirmed, with explanatory resolutions, the principles adopted by the entire party four years before at its convention held in Cincinnati. They proclaimed the "non-interference of Congress with slavery in the Territories or in the District of Columbia," and "The admission of new States with or without domestic slavery, as they may elect." The other section—Douglas—also adopted the Cincinnati platform, and likewise affirmed "That as differences of opinion exist in the Democratic party as to the nature and extent of the powers of a Territorial Legislature, and as to the powers and duties of Congress under the Constitution of the United States over the institution of slavery within the Territories," "That the party will abide by the decisions of the Supreme Court of the United States on questions of Constitutional law." These resolutions are significant. That court had recently given an opinion known as the Dred Scott Decision, which was now assumed to sanction the doctrine, first announced by John C. Calhoun, that the Constitution recognized slavery, and sanctioned and protected it in the Territories. On the contrary, the Republican party denied that this special decision of the court had a legitimate bearing on the subject, it being a side issue, and therefore null and void; and now, since other means had failed in Kansas, used only to introduce covertly the system of human bondage into the Territories. The latter party, at their convention held in Chicago, announced that "the maintenance of the principles promulgated in the Declaration of Independence and embodied in the Federal Constitution, is essential to the preservation of our Republican Institutions." "That all men are created equal; that they are endowed by their Creator with certain inalienable rights;" and "That the Federal Constitution, the rights of the States and the union of the States, must and shall be preserved;" also the rights of the States should be maintained inviolate, "especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively." "That the normal condition of all the Territory of the United States is that of FREEDOM," and they denied "the authority of Congress, of a Territorial Legislature, or of individuals, to give legal existence to slavery in any Territory of the United States."

Still another party, heretofore mainly known as American, now adopted the designation of "Constitutional Union," and proclaimed as their platform, "The Constitution of the country, the union of the States, and the enforcement of the laws."