Part 30

While the Nebraska Bill was passing through Congress, a law case, involving the question of a negro's freedom, by reason of his owner having voluntarily taken him first into a free State, and then into a Territory covered by the Congressional prohibition, and held him as a slave for a long time in each, was passing through the United States Circuit Court for the District of Missouri; and both Nebraska Bill and lawsuit were brought to a decision in the same month of May, 1854. The negro's name was "Dred Scott," which name now designates the decision finally made in the case. Before the then next Presidential election, the law case came to and was argued in the Supreme Court of the United States; but the decision of it was deferred until after the election. Still, before the election, Senator Trumbull, on the floor of the Senate, requested the leading advocate of the Nebraska Bill to state his opinion whether the people of a Territory can constitutionally exclude slavery from their limits; and the latter answers, "That is a question for the Supreme Court."

The election came. Buchanan was elected, and the indorsement, such as it was, secured. That was the second point gained. The indorsement, however, fell short of a clear popular majority by nearly four hundred thousand votes, and so, perhaps, was not overwhelmingly reliable and satisfactory. The outgoing President, in his last annual message, as impressively as possible echoed back upon the people the weight and authority of the indorsement. The Supreme Court met again, did not announce their decision, but ordered a reargument. The Presidential inauguration came, and still no decision of the court; but the incoming President, in his inaugural address, fervently exhorted the people to abide by the forthcoming decision, whatever it might be. Then, in a few days, came the decision.

The reputed author of the Nebraska Bill finds an early occasion to make a speech at this capital indorsing the Dred Scott decision, and vehemently denouncing all opposition to it. The new President, too, seizes the early occasion of the Silliman letter to indorse and strongly construe that decision, and to express his astonishment that any different view had ever been entertained!

At length a squabble springs up between the President and the author of the Nebraska Bill, on the mere question of fact, whether the Lecompton Constitution was or was not in any just sense made by the people of Kansas; and in that quarrel the latter declares that all he wants is a fair vote for the people, and that he cares not whether slavery be voted down or voted up. I do not understand his declaration, that he cares not whether slavery be voted down or voted up, to be intended by him other than as an apt definition of the policy he would impress upon the public mind--the principle for which he declares he has suffered so much, and is ready to suffer to the end. And well may he cling to that principle! If he has any parental feeling, well may he cling to it. That principle is the only shred left of his original Nebraska doctrine. Under the Dred Scott decision "squatter sovereignty" squatted out of existence, tumbled down like temporary scaffolding; like the mould at the foundry, served through one blast, and fell back into loose sand; helped to carry an election, and then was kicked to the winds. His late joint struggle with the Republicans, against the Lecompton Constitution, involves nothing of the original Nebraska doctrine. That struggle was made on a point--the right of a people to make their own constitution--upon which he and the Republicans have never differed.

The several points of the Dred Scott decision, in connection with Senator Douglas's "care not" policy, constitute the piece of machinery, in its present state of advancement. This was the third point gained. The points of that machinery are:

Firstly. That no negro slave, imported as such from Africa, and no descendant of such slave, can ever be a citizen of any State, in the sense of that term as used in the Constitution of the United States. This point is made in order to deprive the negro, in every possible event, of the benefit of that provision of the United States Constitution which declares that "The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States."

Secondly. That, "subject to the Constitution of the United States," neither Congress nor a Territorial Legislature can exclude slavery from any United States Territory. This point is made in order that individual men may fill up the Territories with slaves, without danger of losing them as property, and thus to enhance the chances of permanency to the institution through all the future.

Thirdly. That whether the holding a negro in actual slavery in a free State makes him free, as against the holder, the United States courts will not decide, but will leave to be decided by the courts of any slave State the negro may be forced into by the master. This point is made, not to be pressed immediately; but, if acquiesced in for a while, and apparently indorsed by the people at an election, then to sustain the logical conclusion that what Dred Scott's master might lawfully do with Dred Scott in the free State of Illinois, every other master may lawfully do with any other one, or one thousand slaves, in Illinois, or in any other free State.

Auxiliary to all this, and working hand in hand with it, the Nebraska doctrine, or what is left of it, is to educate and mould public opinion, at least Northern public opinion, not to care whether slavery is voted down or voted up. This shows exactly where we now are, and partially, also, whither we are tending.

It will throw additional light on the latter to go back and run the mind over the string of historical facts already stated. Several things will now appear less dark and mysterious than they did when they were transpiring. The people were to be left "perfectly free," "subject only to the Constitution." What the Constitution had to do with it outsiders could not then see. Plainly enough now, it was an exactly fitted niche for the Dred Scott decision to come in afterward, and declare the perfect freedom of the people to be just no freedom at all. Why was the amendment, expressly declaring the right of the people, voted down? Plainly enough now, the adoption of it would have spoiled the niche for the Dred Scott decision. Why was the court decision held up? Why even a Senator's individual opinion withheld, till after the Presidential election? Plainly enough now, the speaking out then would have damaged the perfectly free argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a reargument? Why the incoming President's advance exhortation in favor of the decision? These things look like the cautious patting and petting of a spirited horse preparatory to mounting him, when it is dreaded that he may give the rider a fall. And why the hasty after-indorsement of the decision by the President and others?

We cannot absolutely know that all these exact adaptations are the result of preconcert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen--Stephen, Franklin, Roger, and James, for instance--and when we see these timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mortises exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few--not omitting even scaffolding--or, if a single piece be lacking, we see the place in the frame exactly fitted and prepared yet to bring such piece in--in such a case we find it impossible not to believe that Stephen and Franklin and Roger and James all understood one another from the beginning, and all worked upon a common plan or draft drawn up before the first blow was struck.

It should not be overlooked that by the Nebraska Bill the people of a State as well as Territory were to be left "perfectly free," "subject only to the Constitution." Why mention a State? They were legislating for Territories, and not for or about States. Certainly the people of a State are and ought to be subject to the Constitution of the United States; but why is mention of this lugged into this merely Territorial law? Why are the people of a Territory and the people of a State therein lumped together, and their relation to the Constitution therein treated as being precisely the same? While the opinion of the court, by Chief Justice Taney, in the Dred Scott case, and the separate opinions of all the concurring judges expressly declare that the Constitution of the United States neither permits Congress nor a Territorial Legislature to exclude slavery from any United States Territory, they all omit to declare whether or not the same Constitution permits a State, or the people of a State, to exclude it. Possibly, this is a mere omission; but who can be quite sure, if McLean or Curtis had sought to get into the opinion a declaration of unlimited power in the people of a State to exclude slavery from their limits, just as Chase and Mace sought to get such declaration, in behalf of the people of a Territory, into the Nebraska Bill--I ask, who can be quite sure that it would not have been voted down in the one case as it had been in the other?

The nearest approach to the point of declaring the power of a State over slavery, is made by Judge Nelson. He approaches it more than once, using the precise idea, and almost the language, too, of the Nebraska Act. On one occasion, his exact language is, "Except in cases where the power is restrained by the Constitution of the United States, the law of the State is supreme over the subject of slavery within its jurisdiction." In what cases the power of the States is so restrained by the United States Constitution is left an open question, precisely as the same question, as to the restraint on the power of the Territories, was left open in the Nebraska Act. Put this and that together, and we have another nice little niche, which we may, ere long, see filled with another Supreme Court decision, declaring that the Constitution of the United States does not permit a State to exclude slavery from its limits. And this may especially be expected if the doctrine of "care not whether slavery be voted down or voted up" shall gain upon the public mind sufficiently to give promise that such a decision can be maintained when made.

Such a decision is all that slavery now lacks of being alike lawful in all the States. Welcome or unwelcome, such decision is probably coming, and will soon be upon us, unless the power of the present political dynasty shall be met and overthrown. We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free, and we shall awake to the reality instead that the Supreme Court has made Illinois a slave State. To meet and overthrow the power of that dynasty is the work now before all who would prevent that consummation. That is what we have to do. How can we best do it?

There are those who denounce us openly to their own friends, and yet whisper us softly that Senator Douglas is the aptest instrument there is with which to effect that object. They wish us to infer all, from the fact that he now has a little quarrel with the present head of the dynasty, and that he has regularly voted with us on a single point, upon which he and we have never differed. They remind us that he is a great man, and that the largest of us are very small ones. Let this be granted. But "a living dog is better than a dead lion." Judge Douglas, if not a dead lion, for this work is at least a caged and toothless one. How can he oppose the advances of slavery? He don't care anything about it. His avowed mission is impressing the "public heart" to care nothing about it. A leading Douglas Democratic newspaper thinks Douglas's superior talent will be needed to resist the revival of the African slave-trade. Does Douglas believe an effort to revive that trade is approaching? He has not said so. Does he really think so? But if it is, how can he resist it? For years he has labored to prove it a sacred right of white men to take negro slaves into the new Territories. Can he possibly show that it is less a sacred right to buy them where they can be bought cheapest? And unquestionably they can be bought cheaper in Africa than in Virginia. He has done all in his power to reduce the whole question of slavery to one of a mere right of property; and, as such, how can he oppose the foreign slave-trade--how can he refuse that trade in that "property" shall be "perfectly free"--unless he does it as a protection to the home production? And as the home producers will probably not ask the protection, he will be wholly without a ground of opposition.

Senator Douglas holds, we know, that a man may rightfully be wiser to-day than he was yesterday; that he may rightfully change when he finds himself wrong. But can we, for that reason, run ahead, and infer that he will make any particular change, of which he himself has given no intimation? Can we safely base our action upon any such vague inference? Now, as ever, I wish not to misrepresent Judge Douglas's position, question his motives, or do aught that can be personally offensive to him. Whenever, if ever, he and we can come together on principle so that our cause may have assistance from his great ability, I hope to have interposed no adventitious obstacle. But clearly he is not now with us; he does not pretend to be--he does not promise ever to be.

Our cause, then, must be intrusted to and conducted by its own undoubted friends--those whose hands are free, whose hearts are in the work, who do care for the result. Two years ago the Republicans of the nation mustered over thirteen hundred thousand strong. We did this under the single impulse of resistance to a common danger, with every external circumstance against us. Of strange, discordant, and even hostile elements we gathered from the four winds, and formed and fought the battle through, under the constant hot fire of a disciplined, proud, and pampered enemy. Did we brave all then, to falter now---now, when that same enemy is wavering, dissevered, and belligerent? The result is not doubtful. We shall not fail; if we stand firm, we shall not fail. Wise counsels may accelerate or mistakes delay it, but sooner or later the victory is sure to come.

(1854) THE OPENING OF JAPAN, Matthew C. Perry

In view of the events that have followed, the ending of Japan's self-isolation and the opening of that country, first to American commerce, and later to world-wide intercourse, must now be regarded as an achievement of momentous consequence, far exceeding in importance all that even the most prophetic statesmanship of the time could foresee.

Under the shoguns (or military chiefs) who after the seventh century overshadowed the hereditary rulers, the Mikados, there grew up in Japan a feudal system whereby the generals, recognized as overlords, increased and perpetuated their power. The attempts in the sixteenth and seventeenth centuries to introduce Christianity were met with resistance and persecution, and ended in failure. In the same centuries Japan traded with the Portuguese, but excluded them in 1638. After this the Japanese isolation was complete, except for restricted trade with the Dutch, until the conclusion of Commodore Perry's treaty.

About the middle of the nineteenth century a large amount of American capital was invested in the whaling industry in Japanese and Chinese waters, and one motive for the sending of Perry's expedition to Japan was the protection of the whalers. Other things leading to that step were: the discovery of gold in California; the growth of industrial and commercial centres on the Pacific Coast of the United States; increasing trade with China; and the development of steam-navigation, necessitating coaling-stations and ports for shelter in the Orient. At the same time progressive minds in Japan were advancing in knowledge of Western science and political affairs; thus the East and the West were almost prepared for a change in their mutual relations.

In 1851 the United States Government empowered Commodore John H. Aulick to negotiate and sign commercial treaties with Japan. On the eve of his intended departure he was prevented from sailing, and in the following year Commodore Matthew C. Perry, brother of Oliver Hazard Perry, the hero of Lake Erie, succeeded to his mission. He was invested with extraordinary naval and diplomatic powers, his immediate object being to establish a coaling-station in Japan. On November 24, 1852, he sailed from Norfolk with the Mississippi, leaving other ships to follow as soon as ready. With his squadron he entered the Bay of Tokio (then called Yedo) in July, 1853, causing great commotion among the inhabitants of the Japanese capital, who mistook his appearance for a hostile approach. It required both firmness and tact on Perry's part to open friendly communication and present his proposals; but he succeeded in doing so much, and then, saying that in the following spring he would come for an answer, he withdrew to China. In February, 1854, he returned to Tokio with a fleet of eight vessels. After some parley, the Japanese authorities agreed to a conference at Kanagawa, a seaport adjoining Yokohama. Of the negotiations that followed and the treaty in which they resulted, the following pages tell, and Commodore Perry's own account is the best record of his distinguished service not only to his own country and Japan, but likewise to the civilized world.

After concessions made by the Japanese, the greatest good feeling prevailed on both sides, and there seemed every prospect of establishing those national relations which had been the purpose of Commodore Perry's mission. In accordance with the harmony and friendship that existed, there was an interchange of those courtesies by which mutual good feeling seeks an outward expression. The Japanese had acknowledged with courtly thanks the presents that had been bestowed in behalf of the Government, and now, on March 24th, invited the Commodore to receive the various gifts that had been ordered by the Emperor in return, as a public recognition of the courtesy of the United States.

The Commodore, accordingly, landed at Yokohama, with a suite of officers and his interpreters, and was received at the treaty-house with the usual ceremonies by the high commissioners. The large reception-room was crowded with the presents. The objects were of Japanese manufacture, and consisted of specimens of rich brocades and silks; of their famous lacquered ware, such as chow-chow boxes, tables, trays, and goblets, all skilfully wrought and finished with an exquisite polish; of porcelain cups of wonderful lightness and transparency, adorned with figures and flowers in gold and variegated colors, and exhibiting a workmanship that surpassed even that of the ware for which the Chinese are remarkable. Fans, pipe-cases, and articles of apparel in ordinary use, of no great value but of exceeding interest, were scattered among the more luxurious and costly objects.

With the usual order and neatness that seem almost instinctive with the Japanese, the various presents had been arranged in lots, and classified in accordance with the rank of those for whom they were respectively intended. The commissioners took their positions at the farther end of the room, and when the Commodore and his suite entered, the ordinary compliments having been interchanged, the Prince Hayashi read aloud, in Japanese, the list of presents and the names of the persons to whom they were to be given. This was then translated by Yenoske into Dutch, and by Mr. Portman into English. This ceremony being over, the Commodore was invited by the commissioners into the inner room, where he was presented with two complete sets of Japanese coins, three matchlocks, and two swords. These gifts, though of no great intrinsic value, were significant evidences of the desire of the Japanese to express their respect for the representative of the United States. The mere bestowal of the coins, in direct opposition to the Japanese laws which absolutely forbid all issue of their money beyond the Kingdom, was an act of marked favor.

As the Commodore prepared to depart, the commissioners said there was one article intended for the President, which had not yet been exhibited. They accordingly conducted the Commodore and his officers to the beach, where one or two hundred sacks of rice were pointed out, heaped up in readiness to be sent on board the ships. As that immense supply of substantial food seemed to excite some wonder on the part of the Americans, Yenoske the interpreter remarked that it was always customary with the Japanese, when bestowing royal presents, to include a certain quantity of rice, although he did not say whether the quantity always amounted, as on the present occasion, to hundreds of sacks.

While contemplating these substantial evidences of Japanese generosity, the attention of all was suddenly riveted upon twenty-five monstrous fellows who tramped down the beach like so many huge elephants. They were professional wrestlers and formed part of the retinue of the princes, who kept them for their private amusement and for public entertainment. They were enormously tall, and tremendously heavy. Their scant costume, which was merely a colored cloth about the loins, adorned with fringes and emblazoned with the armorial bearings of the prince to whom each belonged, revealed their gigantic proportions in all the bloated fulness of fat and extent of muscle.

Two or three of these huge monsters were the most famous wrestlers in Japan and ranked as the champion Tom Cribbs and Sayers of the country. Koyanagi, the reputed bully of the capital, was one of them, and paraded himself with the conscious pride of superior size and strength. He was especially brought to the Commodore that he might examine his massive form. The commissioners insisted that the monstrous fellow should be minutely inspected, that the hardness of his well-rounded muscle should be felt, and that the fatness of his cushioned frame should be tested by the touch. The Commodore accordingly attempted to grasp his arm, which he found as solid as it was huge, and then passed his hand over the monstrous neck, which fell in folds of massive flesh, like the dewlap of a prize ox. As some surprise was naturally expressed at this wondrous exhibition of animal development the monster himself gave a grunt expressive of his flattered vanity.