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The Constitution had endeavored to settle the question of slavery by a compromise. As the difficulty in regard to it arose far more from political than moral grounds, so in the settlement the former were almost exclusively considered. It was, however, the best that could be made at that time. It is certain that without such a compromise the Constitution would not have been adopted. The existence of slavery in a State was left in the discretion of the State itself. If a slave escaped to another State, he was to be returned to his master. Laws were passed by Congress to carry out this provision, and the Supreme Court decided that they were constitutional.

For a long time the best people at the North stood firmly by the compromise. It was a national compact, and must be respected. But ideas, and especially moral ideas, cannot be forever fettered by a compact, no matter how solemn may be its sanctions. The change of opinion at the North was first slow, then rapid, and then so powerful as to overwhelm all opposition. John Brown, who was executed for raising a negro insurrection in Virginia, in which men were wounded and killed, was reverenced by many at the North as a hero, a martyr and a saint. It had long been a fixed fact that no fugitive slave could by process of law be returned from the North into slavery. With the advent to power of the Republican party—a party based on opposition to slavery—another breach in the outworks of the Constitution, as interpreted by the Supreme Court, had been made. Sooner or later the same hands would capture the citadel. Sooner or later it was plain that slavery was doomed.

In the memorable Senatorial campaign in Illinois between Stephen A. Douglas and Abraham Lincoln, the latter, in his speech before the Republican State Convention at Springfield, June 17, 1858, struck the keynote of his party by the bold declaration on the subject of slavery which he then made and never recalled.

This utterance was the more remarkable because on the previous day the convention had passed unanimously a resolution declaring that Mr. Lincoln was their first and only choice for United States Senator, to fill the vacancy about to be created by the expiration of Mr. Douglas's term of office, but the convention had done nothing which called for the advanced ground on which Mr. Lincoln planted himself in that speech. It was carefully prepared.

The narrative of Colonel Lamon in his biography of Lincoln is intensely interesting and dramatic.[4]

About a dozen gentlemen, he says, were called to meet in the library of the State House. After seating them at the round table, Mr. Lincoln read his entire speech, dwelling slowly on that part which speaks of a divided house, so that every man fully understood it. After he had finished, he asked for the opinion of his friends. All but William H. Herndon, the law partner of Mr. Lincoln, declared that the whole speech was too far in advance of the times, and they especially condemned that part which referred to a divided house. Mr. Herndon sat still while they were giving their respective opinions; then he sprang to his feet and said: "Lincoln, deliver it just as it reads. If it is in advance of the times, let us—you and I, if no one else—lift the people to the level of this speech now, higher hereafter. The speech is true, wise and politic, and will succeed now, or in the future. Nay, it will aid you, if it will not make you President of the United States."...

"Mr. Lincoln sat still a short moment, rose from his chair, walked backward and forward in the hall, stopped and said: 'Friends, I have thought about this matter a great deal, have weighed the question well from all corners, and am thoroughly convinced the time has come when it should be uttered; and if it must be that I must go down because of this speech, then let me go down linked to truth—die in the advocacy of what is right and just. This nation cannot live on injustice. A house divided against itself cannot stand, I say again and again.'"

The opening paragraph of the speech is as follows: "If we could first know where we are and whither we are tending, we could then better judge what to do and how to do it. We are now far on into the fifth year since a policy was initiated with the avowed object and confident promise of putting an end to slavery agitation. Under the operation of that policy that agitation has not only not ceased, but is constantly augmented. In my opinion, it will not cease until a crisis shall have been reached and passed. A house divided against itself cannot stand. I believe this Government can not endure permanently half slave and half free. I do not expect the Union to be dissolved. I do not expect the house to fall; but I do expect it will cease to be divided. It will become all one thing, or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction, or its advocates will push it forward till it shall become alike lawful in all the States, old as well as new, North as well as South."

The blast of the trumpet gave no uncertain sound. The far-seeing suggestion of Mr. Herndon came true to the letter. I believe this speech made Abraham Lincoln President of the United States.

But the founders of the Constitution of the United States had built a house which was divided against itself from the beginning. They had framed a union of States which was part free and part slave, and that union was intended to last forever. Here was an irreconcilable conflict between the Constitution and the future President of the United States.

When the Republican Convention assembled at Chicago in May, 1860, in the heat of the contest, which soon became narrowed down to a choice between Mr. Seward and Mr. Lincoln, the latter dispatched a friend to Chicago with a message in writing, which was handed either to Judge Davis or Judge Logan, both members of the convention, which runs as follows: "Lincoln agrees with Seward in his irrepressible-conflict idea, and in negro equality; but he is opposed to Seward's higher law." But there was no substantial difference between the position of the two: Lincoln's "divided house" and Seward's "higher law" placed them really in the same attitude.

The seventh resolution in the Chicago platform condemned what it described as the "new dogma that the Constitution, of its own force, carries slavery into any or all of the Territories of the United States." This resolution was a direct repudiation by a National Convention of the decision of the Supreme Court in the Dred Scott case.

On the 6th of November, 1860, Abraham Lincoln was elected President of the United States. Of the actual votes cast there was a majority against him of 930,170. Next came Mr. Douglas, who lost the support of the Southern Democrats by his advocacy of the doctrine of "squatter sovereignty," as it was called, which was in effect, although not in form, as hostile to the decision of the Supreme Court in the Dred Scott case as the seventh resolution of the Chicago Convention itself. Mr. Breckinridge, of Kentucky, the candidate of the Southern Democracy, fell very far, and Mr. Bell, of Tennessee, the candidate of the Union party, as it was called, a short-lived successor of the old Whig party, fell still farther in the rear of the two Northern