Several of the Northern States had “Personal
Liberty Laws” expressly devised to impede the
execution of the Federal law of 1850 as to fugitive
slaves. Some attention was devoted to these,
especially by Alexander Stephens, who, as the Southern
leader most opposed to immediate secession, wished
to direct men’s minds to a grievance that could
be remedied. Lincoln, who had always said that,
though the Fugitive Slave Law should be made just and
seemly, it ought in substance to be enforced, made
clear again that he thought such “Personal Liberty
Laws” should be amended, though he protested
that it was not for him as President-elect to advise
the State Legislatures on their own business.
The Republicans generally agreed. Some of the
States concerned actually began amending their laws.
Thus, if the disquiet of the South had depended on
this grievance, the cause of disquiet would no doubt
have been removed. Again the Republican leaders,
including Lincoln in particular, let there be no ground
for thinking that an attack was intended upon slavery
in the States where it was established; they offered
eventually to give the most solemn pledge possible
in this matter by passing an Amendment of the Constitution
declaring that it should never be altered so as to
take away the independence of the existing slave States
as to this portion of their democratic institutions.
Lincoln indeed refused on several occasions to make
any fresh public disclaimer of an intention to attack
existing institutions. His views were “open
to all who will read.” “For the good
men in the South,” he writes privately, “—I
regard the majority of them as such—I have
no objection to repeat them seventy times seven.
But I have bad men to deal with both North and South;
men who are eager for something new upon which to
base new misrepresentations; men who would like to
frighten me, or at least fix upon me the character
of timidity and cowardice.” Nevertheless
he endeavoured constantly in private correspondence
to narrow and define the issue, which, as he insisted,
concerned only the territorial extension of slavery.
The most serious of the negotiations that took place,
and to which most hope was attached, consisted in
the deliberations of a committee of thirteen appointed
by the Senate in December, 1860, which took for its
guidance a detailed scheme of compromise put forward
by Senator Crittenden, of Kentucky. The efforts
of this committee to come to an agreement broke down
at the outset upon the question of the Territories,
and the responsibility, for good or for evil, of bringing
them to an end must probably be attributed to the
advice of Lincoln. Crittenden’s first
proposal was that there should be a Constitutional
Amendment declaring that slavery should be prohibited
“in all the territory of the United States,
now held or hereafter acquired, north of latitude 36
degrees 30 minutes”—(the limit fixed
in the Missouri Compromise, but restricted then to
the Louisiana purchase)—while in all territory,