edly been that it was a confederacy of states, each sovereign within itself except in so far as it had surrendered to the National Government a part of its sovereignty by accepting the Federal Constitution and entering the Union. It was deemed an axiom that each state was free by the will of its own citizens to regulate its domestic affairs in its own way, permitting or forbidding slavery at its own free will. After the great slavery controversy arose the South contended still for this doctrine of states' rights, and by the Kansas-Nebraska Bill, this sovereignty of the states was extended to the territories also.

The student of history must observe however that that doctrine had been very greatly impaired if not indeed set aside by the act of Virginia in ceding her claims in the Northwest Territory and the acceptance of that cession by the general government. In that cession it had been stipulated that slavery should never be permitted in any of the territory thus made a part of the national domain. The cession was made with the direct intent that the region concerned should presently be divided and admitted into the Union as a number of states. But those states were thus forbidden in advance to permit the existence of slavery within their borders. So far as they were concerned, therefore, the supposed right of a state to legislate at will on that subject was taken away from them even before their birth.

Here it would seem there was an abrogation or at least an important modification of the doctrine of the right of each state to determine this question for

itself, and that modification had been made by Virginia and everywhere accepted.

The Missouri Compromise in precisely the same manner had taken away that right of determination from all the states that might be formed out of the Louisiana territory lying north of the southern line of Missouri. If the prohibition thus laid upon yet unborn states was permissible as regards the cession of the Northwest Territory it would seem to have been equally so with regard to the new domain west of the Mississippi.

Further than this the sovereign right of a state to determine this question for itself did not extend at any time to the territories. Under the Constitution as uniformly interpreted by the Supreme Court of the United States, Congress is supreme in the territories and may make any law that it pleases for their governance. In other words the people of the territories have absolutely no rights of self-government except such as Congress may from time to time see fit to confer upon them.

This statement is not made speculatively or as an opinion of the historian. It is a well settled doctrine of constitutional law, affirmed by every court to which the question has at any time been submitted.

Senator Douglas's Kansas-Nebraska Bill was based upon an assumption precisely the reverse of this. It extended to the territories a sovereignty which under the Constitution belonged only to states, and which, as has been suggested, the states themselves had in a large degree surrendered by the acceptance of the cession of the Northwest Territory.

CHAPTER VIII

THE KANSAS WAR-THE DRED SCOTT DECISION— JOHN BROWN'S EXPLOIT AT HARPER'S FERRY

With the aid of a considerable Northern vote in Congress the South succeeded in passing the KansasNebraska Bill, repealing the Missouri Compromise, and under the doctrine of "Squatter Sovereignty" throwing all the territories open to slavery at least as a possibility.

The North at once took alarm and the Free-soil party, newly named the Republican party, grew in numbers and enthusiasm as no other party had ever done before.

Events mightily aided this growth, driving into the Free-soil or Republican party many thousands of men who had before held aloof from a movement which they thought to be dangerous to the perpetuity of the Union and to peace within its borders.

First of these events was the outbreak of civil war in Kansas. The repeal of the Missouri Compromise opened that territory at once to settlement by men from both sections and at the same time opened the question whether it should become a free or a slave state. Incidentally a contest of factions began which raged hotly to the end.

Whether Kansas should be a slave state or a free state depended upon the will of the settlers alone.

The land was in many respects a tempting one to emigrants in spite of the aridity of its western part, so that even without any incentive of politics its speedy settlement was quite a matter of course. But politics North and South enormously aided in that behalf. There was a rush from both sections to fill up and occupy the land in order to control it. From the Missouri border and from farther south slaveholders and the representatives of slavery poured into the territory in great numbers with the purpose of voting it into the Union as a slave state. In the slang of the period these were called "border ruffians." On the other hand there was an "assisted emigration" from the North, the emigration of men whose way was paid in consideration of their votes and their rifle practice against slavery in Kansas. These called themselves "Free State Men" but they were called by their adversaries "Jayhawkers."

In order to promote the emigration of these men to Kansas societies were formed in Massachusetts and other states which not only paid their way but furnished them with rifles of an improved pattern and ammunition in plenty, with the distinct understanding that it was their duty to ply both the bullet and the ballot in aid of the cause they represented.

These two groups of men quickly fell by the ears, as it was intended that they should, and civil war in the strictest sense of that term ensued.

John Brown-an able, adventurous, and fanatical man-took command of the free state forces and between him and his adversaries there was a contest for supremacy which involved every outrage to which

civil war, waged by uncivilized man, can give birth. Small battles were fought. Men on either side were shot or hanged without mercy. Homes were desolated. Women and children were driven forth to suffer all the agonies of starvation, of cold, and of homelessness-all in aid of the voting one way or the other.

In our time such a situation in a territory subject to national control would be instantly ended by the sending of troops to the disturbed region with instructions to preserve order, to suppress all manner of lawlessness, and to protect all citizens equally in the enjoyment of the peaceful possession of the land. But in the fifties the government of the United States was still unused to such exercise of its authority— parties were too evenly divided, political feeling was too hot and voters were far too sensitive, to admit of such a treatment of the situation as would in our time seem quite a matter of course. Troops were sent to Kansas, it is true, but in quite insufficient numbers and under inadequate instructions. So the war in Kansas went on and otherwise peaceful citizens of the Union actively aided it upon the one side or the other quite as if it had not been a civil war within the Union and in a territory in which the authority of Congress was supreme beyond even the possibility of question.

At the South companies of armed men were organized, equipped, and sent into Kansas nominally to settle there and vote to make a slave state of the territory, but really, if possible, to drive out every "Free State" man or to overawe or overcome them