The question of the principle of the American Civil War is answered by the battle slogan with which the South broke the peace. Stephens, the Vice-President of the Southern Confederacy, declared in the Secession Congress that what essentially distinguished the Constitution newly hatched at Montgomery from the Constitution of Washington and Jefferson was that now for the first time slavery was recognised as an institution good in itself, and as the foundation of the whole state edifice, whereas the revolutionary fathers, men steeped in the prejudices of the eighteenth century, had treated slavery as an evil imported from England and to be eliminated in the course of time. Another matador of the South, Mr. Spratt, cried out: "For us it is a question of founding a great slave republic." If, therefore, it was indeed only in defence of the Union that the North drew the sword, had not the South already declared that the continuance of slavery was no longer compatible with the continuance of the Union?
Just as the bombardment of Fort Sumter gave the signal for the opening of the war, the election victory of the Republican Party of the North, the election of Lincoln as President, gave the signal for secession.
On November 6, 1860, Lincoln was elected. On November 8, 1860, a message telegraphed from South Carolina said: Secession is regarded here as an accomplished fact; on November 10 the legislature of Georgia occupied itself with secession plans, and on November 13 a special session of the legislature of Mississippi was convened to consider secession. But Lincoln's election was itself only the result of a split in the Democratic camp. During the election struggle the Democrats of the North concentrated their votes on Douglas, the Democrats of the South concentrated their votes on Breckinridge, and to this splitting of the Democratic votes the Republican Party owed its victory. Whence came, on the one hand, the preponderance of the Republican Party in the North? Whence, on the other, the disunion within the Democratic Party, whose members, North and South, had operated in conjunction for more than half a century?
Under the presidency of Buchanan the sway that the South had gradually usurped over the Union through its alliance with the Northern Democrats attained its zenith. The last Continental Congress of 1787 and the first Constitutional Congress of 1789 -90 had legally excluded slavery from all Territories of the republic north-west of the Ohio. (Territories, as is known, is the name given to the colonies lying within the United States itself which have not yet attained the level of population constitutionally prescribed for the formation of autonomous states.) The so-called Missouri Compromise (1820), in consequence of which Missouri became one of the States of the Union as a slave state, excluded slavery from every remaining Territory north of 36 degrees latitude and west of the Missouri. By this compromise the area of slavery was advanced several degrees of longitude, whilst, on the other hand, a geographical boundary-line to its future spread seemed quite definitely drawn. This geographical barrier, in its turn, was thrown down in 1854 by the so-called Kansas-Nebraska Bill, the initiator of which was St[ephen] A. Douglas, then leader of the Northern Democrats. The Bill, which passed both Houses of Congress, repealed the Missouri Compromise, placed slavery and freedom on the same footing, commanded the Union government to treat them both with equal indifference and left it to the sovereignty of the people, that is, the majority of the settlers, to decide whether or not slavery was to be introduced in a Territory. Thus, for the first time in the history of the United States, every geographical and legal limit to the extension of slavery in the Territories was removed. Under this new legislation the hitherto free Territory of New Mexico, a Territory five times as large as the State of New York, was transformed into a slave Territory, and the area of slavery was extended from the border of the Mexican Republic to 38 degrees north latitude. In 1859 New Mexico received a slave code that vies with the statute-books of Texas and Alabama in barbarity.
Nevertheless, as the census of 1860 proves, among some hundred thousand inhabitants New Mexico does not yet count half a hundred slaves. It had therefore sufficed for the South to send some adventurers with a few slaves over the border, and then with the help of the central government in Washington and of its officials and contractors in New Mexico to drum together a sham popular representation to impose slavery and with it the rule of the slaveholders on the Territory.
However, this convenient method did not prove applicable in other Territories.
The South accordingly went a step further and appealed from Congress to the Supreme Court of the United States. This Court, which numbers nine judges, five of whom belong to the South, had long been the most willing tool of the slaveholders. It decided in 1857, in the notorious Dred Scott case, that every American citizen possesses the right to take with him into any territory any property recognized by the Constitution. The Constitution, it maintained, recognises slaves as property and obliges the Union government to protect this property. Consequently, on the basis of the Constitution, slaves could be forced to labour in the Territories by their owners, and so every individual slaveholder was entitled to introduce slavery into hitherto free Territories against the will of the majority of the settlers.
The right to exclude slavery was taken from the Territorial legislatures and the duty to protect pioneers of the slave system was imposed on Congress and the Union government.
