on-committal, till the more
adroit Lincoln in the joint debate in 1858 drew from him the statement
that a Territorial Legislature might by "unfriendly legislation"
practically exclude slavery--a committal which ended his favor from the
South.

But meanwhile attention was focused on a different and more concrete
question. Buchanan began his administration with an effort to pacify
Kansas, by sending a new governor, Robert J. Walker, of Mississippi,
with strong pledges from the President that the people should have fair
dealing. But the situation was badly complicated. The Legislature had
provided for a convention to frame a State Constitution. This was to be
elected on the basis of a census taken by the county officials. But the
Free State men having never recognized this Territorial Legislature, and
having kept up the form of a State government of their own, there were
no officials to take the census and register the votes in fifteen out of
the thirty-four counties, and the registration was confined to the part
of the Territory lying convenient for invasion from Missouri. Under
these circumstances the Free State party resisted all Governor Walker's
appeals to take part in the election, and the convention was chosen by a
small vote. It met at Lecompton, and drew up a constitution. One article
provided for the exclusion of free negroes, and another forbade any
amendment for seven years. One section affirmed ownership of slaves as
an inviolable right of property, and forbade any adverse legislation;
and this section alone of the Constitution was submitted to the popular
vote. A vote of the people was ordered, as between "constitution with
slavery" and "constitution without slavery." The Free State men scouted
the whole proceeding, and refused to vote. So, by the form of a popular
election, the "constitution with slavery" was adopted.

The administration now gave its whole strength to the admission by
Congress of Kansas with the Lecompton constitution. The same election
that made Buchanan President had made the House as well as the Senate
Democratic. But it was no longer the disciplined and docile Democracy of
old. The proposal to admit a State under a constitution of which only a
single article had been submitted to even the form of a popular vote,
was too obnoxious for any but the most unflinching partisans. It was
impossible to a leader whose watchword was "popular sovereignty."

Douglas broke squarely with the administ