Frank Alfriend - The Life of Jefferson Davis

The Senator commenced with a disclaimer of any purpose to follow what he considered a bad practice of arraigning Senators here on matters for which they stood responsible to their constituents; but straightway proceeded to make a general arraignment of the present and the absent. I believe I constitute the only exception to whom he granted consistency, and that at the expense of party association, and, he would have it, at the expense of sound judgment. He not only arraigned individuals, but even States – Florida, Alabama, and Georgia – were brought to answer at the bar of the Senate for the resolutions they had passed; Virginia was held responsible for her policy; Mississippi received his critical notice. Pray, sir, what had all this to do with the question? Especially, what had all this to do with what he styled an indictment against him? It is a mere resort to a species of declamation which has not been heard to-day for the first time; a pretext to put himself in the attitude of a persecuted man, and, like the satyr’s guest, blowing hot and cold in the same breath, in the midst of his complaint of persecution, vaunts his supreme power. If his opponents be the very small minority which he describes, what fear has he of persecution or proscription?

Can he not draw a distinction between one who says: “I give no quarter to an idea,” and one who proclaims the policy of putting the advocates of that idea to the sword? Such was his figurative language. That figure of the sword, however, it seemed, as he progressed in his development, referred to the one thought always floating through his brain – exclusion from the spoils of office, for, at last, it seemed to narrow down to the supposition that no man who agreed with him was, with our consent, to be either a Cabinet officer or a collector. Who has advanced any such doctrine? Have I, at this or any other period of my acquaintance with him, done any thing to justify him in attributing that opinion to me? I pause for his answer.

Mr. Douglas. I do not exactly understand the Senator. I have no complaint to make of the Senator from Mississippi of ever having been unkind or ungenerous towards me, if that is what he means to say.

Mr. Davis. Have I ever promulgated a doctrine which indicated that if my friends were in power, I would sacrifice every other wing of the Democratic party?

Mr. Douglas. I understood the making of a test on this issue against me would reach every other man that held my opinions; and, therefore, if I was not sound enough to hold office, no man agreeing with me would be; and hence, every man of my opinions would be excluded.

Mr. Davis. Ah, Mr. President; I believe I now have caught the clue to the argument; it was not before apprehended. I was among those who thought the Senator, with his opinions, ought not to be chairman of the Committee on Territories. This, I suppose, then, is the whole imposition. But have I not said to the Senator, at least once, that I had no disposition to question his Democracy; that I did not wish to withhold from him any tribute which was due to his talent and his worth? Did I not offer to resign the only chairmanship of a committee I had if the Senate would confer it upon him? Then, where is this spirit of proscription, the complaint of which has constituted some hours of his speech? If others have manifested it, I do not know it; and as the single expression of “no quarter to the doctrine of squatter sovereignty” was the basis of his whole allegation, I took it for granted his reference to a purpose to do him and his friends such wrong must have been intended for me.

The fact that the Senator criticised the idea of the States prescribing the terms on which they will act in a party convention recognized to be representative, is suggestive of an extreme misconception of relative position; and the presumption with which the Senator censured what he was pleased to term “the seceders,” suggested to me a representation of the air of the great monarch of France when, feeling royalty and power all concentrated in his own person, he used the familiar yet remarkable expression, “the State, that’s me.” Does the Senator consider it a modest thing in him to announce to the Democratic Convention on what terms he will accept the nomination; but presumptuous in a State to declare the principle on which she will give him her vote? It is an advance on Louis Quatorze.

Nothing but the most egregious vanity, something far surpassing even the bursting condition of swollen pride, could have induced the Senator to believe that I could not speak of squatter sovereignty without meaning him.

Towards the Senator, personally, I have never manifested hostility – indeed, could not, because I have ever felt kindly. Many years of association, very frequent coöperation, manly support from him in times of trial, are all remembered by me gratefully. The Senator, therefore, had no right to assume that I was making war upon him. I addressed myself to a doctrine of which he was not the founder, though he was one of the early disciples; but he proved an unprofitable follower, for he became rebellious, and ruined the logic of the doctrine. It was logical in Mr. Cass’s mind; he claimed the power to be inherent in the people who settled a new Territory, and by this inherent power he held that they might proceed to form government and to exercise its functions. There was logic in that – logic up to the point of sovereignty. Not so with the Senator. He says the inhabitants of the Territories derive their power to form a government from the consent of Congress; that when we decide that there are enough of them to constitute a government, and enact an organic law, then they have power to legislate according to their will. This power being derived from an act of Congress – a limited agency tied down to the narrow sphere of the constitutional grant – is made, by that supposition, the bestower of sovereignty on its creature.

I had occasion the other day to refer to the higher law as it made its first appearance on earth – the occasion when the tempter entered the garden of Eden. There is another phase of it. Whoever attempts to interpose between the supreme law of the Creator and the creature, whether it be in the regions of morals or politics, proclaims a theory that wars upon every principle of government. When Congress, the agent for the States, within the limits of its authority, forms, as it were, a territorial constitution by its organic act, he who steps in and proclaims to the settlers in that Territory that they have the right to overturn the Government, to usurp to themselves powers not delegated, is preaching the higher law in the domain of politics, which is only less mischievous than its other form, because the other involves both politics and morals in one ruinous confusion.

The Senator spoke of the denial of Democratic fellowship to him. After what has been said and acknowledged by the Senator, it is not to be supposed that it could have any application to me. It may be proper to add, I know of no such denial on the part of other Democratic Senators. Far be it from me to vaunt the fact of being in a majority, and to hold him to the hard rule he prescribes to us, of surrendering an opinion where we may happen to have been in a minority. Were I to return now to him the measure with which he metes to us, when he assumes that a majority in the Charleston Convention has a right to prescribe what shall be our tenets, I might, in reply to him, say, as a sincere adherent of the Democratic party, how can you oppose the resolutions pending before the Senate? If twenty-seven majority in a body of three hundred and three constituent members had, as he assumes, the power to lay down a binding law, what is to be said of him who, with a single adherent, stands up against the whole of his Democratic associates? He must be outside of the party, according to his enunciation; he must be wandering in the dark regions to which he consigns the followers of Mr. Yancey.