Douglas served two terms in the House and was again elected in 1846, but in January following was chosen Senator, taking his seat on March 4th, 1847. In April following he married Martha Denny Martin, daughter of a wealthy North Carolina planter and slave-owner.
The Senate, during the early years of his service, was in its intellectual gifts altogether the most extraordinary body ever assembled in the United States. Rarely, if ever, in the history of the world, have so many men of remarkable endowment, high training and masterful energy been gathered in a single assembly. It was the period when the generation of Webster, Clay and Calhoun overlapped that of Seward, Chase and Sumner, when the men who had set at the feet of the Revolutionary Fathers and had striven to settle the interpretation of the Constitution met the men who were destined to guide the Nation through the Civil War and settle the perplexing questions arising from it.
Webster was now an old man, his face deep lined with care, disappointment and dissipation. Though sixty-eight years old and the greatest orator of the century, his heart was still consumed with unquenchable thirst of the honor of succeeding John Tyler and James K. Polk. Calhoun, now sixty-five years old, a ghastly physical wreck, still represented South Carolina and dismally speculated on the prospect of surviving the outgrown Union. Cass, equal in years with Calhoun, still held his seat in the Senate and cherished the delusive hope of yet reaching the Presidency. Benton was closing his fifth and last term in the Senate, and Clay, the knightly leader of the trimming Whigs, though now in temporary retirement, was soon to return and resume his old leadership.
Within the first four years of Douglas' service, Salmon P. Chase, William H. Seward and Charles Sumner made their appearance in the Senate. A new generation of giants seemed providentially supplied as the old neared the end of their service. Douglas, though serving with both these groups of statesmen, belonged to neither. Running his career side by side with the later school of political leaders and sharing in the great struggles on which their fame, in large part, rests, his character and ideals were those of the older generation.
The questions confronting Congress were of transcendent interest and incalculable importance. A sudden and astounding expansion had occurred, calling for the highest, wisest and most disinterested statesmanship in providing governments for the newly acquired domain. A million and a half miles of new territory, extending through sixteen degrees of latitude, was now to be organized; the future destiny of this vast territory, and indirectly that of free institutions generally, was supposed to depend on the decision of Congress. Above all, the fate of the American apple of discord, human slavery, was understood to be involved in the construction of territorial and State governments for these new possessions. It was deemed by the South indispensable to the safety and permanence of slavery to plant it in them.
For that half-disguised purpose they had been acquired at great expense of blood and money. New States, it was hoped, might now be created south of the line below which slavery flourished, balancing those to be admitted from the growing Northwest. Thus far the adventurous West had powerfully supported the South in its schemes of conquest, but had no sympathy with slavery. The old North, thought ready to submit to its continued existence in the States where already established, was implacably hostile to its further spread.
It was not a question of ethics or of sober statesmanship, but one of practical politics, that divided the North and the South at this period. Each hoped to secure for itself the alliance and sympathy of the new States thereafter admitted. Each applied itself to the task of shaping the Territories and moulding the future States to serve its ulterior views.
When Congress attempted to organize territorial governments, the people of the North insisted on the exclusion of slavery from Oregon and the territory acquired from Mexico. The people of the South made no resistance to its exclusion from Oregon. It was already excluded by "the ordinance of Nature or the will of God."But that the vast territory torn from Mexico, acquired by the common blood and treasure, should now be closed to their institution, was intolerable. To secure it they had sinned deep. After the conquest their position was peculiarly awkward. The laws of Mexico excluding slavery continued in force. Hence in all this territory slavery was as effectually prohibited as in Massachusetts until Congress could accomplish the odious work of introducing it by express enactment. Calhoun strenuously argued the novel proposition that, on the overthrow of the authority of the Mexican government by American arms, the laws and constitution of Mexico were extinguished and those of the United States, so far as applicable, occupied the vacant field; that the Federal Constitution carried slavery with it wherever it went, except where by the laws of a sovereign State it was excluded.
He announced the proposition afterwards established by the Supreme Court, that, as the Constitution proprio vigore carried slavery into all the Territories, neither the territorial legislatures nor Congress itself had power to interfere with the right of holding slaves within them.
Webster conclusively answered this refined sophistry, pointing out that slavery was merely a municipal institution, in derogation of the common right of mankind, against the native instincts of humanity, dependent wholly for its right of existence upon local legislation, and that the real demand of the people of the South was not to carry their slaves into the new Territories, but to carry with them the slave codes of their several States.
