While the venerable leaders who had ruled Congress and swayed public opinion for thirty years were uttering philosophic disquisitions on constitutional law or the ethics of slavery, Douglas had with practical sagacity offered an amendment to the Oregon bill, extending the line of the Missouri Compromise to the Pacific. This would not decide the great moral question between those who believed slavery an unmixed good and those who believed it the sum of all villainies.
But he thought that moral ideas had no place in politics. It would not decide the great question of constitutional law between those who, like Calhoun, believed slavery the creature of the Federal Constitution, and those, who, like Webster, believed it the creature of local municipal law. But it promised a temporary respite to the vexed question. He had already, in the House, advocated the extension of this line through the Western Territories. He believed that adhesion to this venerable Compromise, now as sacred as the Constitution itself, was the hope of the future and succeeded in persuading the Senate to adopt his amendment as the final solution of the vexed problem. It was rejected in the House and the question indefinitely postponed.
In the Territories, meanwhile, events moved fast. While Congress had been wrangling over the new possessions, gold was discovered in California. A tumultuous rush of people, unparalleled since the Crusades, at once began by all routes from every region to the new El Dorado. More than 80,000 settlers arrived in 1849. A spontaneous movement of the people resulted in a Constitutional Convention, which met at Monterey on September 3d of that year, and adopted a Constitution which forever prohibited slavery. It was submitted to a vote and adopted in November.
Congress met on December 3d and resumed the Sisyphean labors of the last session. Douglas was chairman of the Committee on Territories, to which were referred all measures affecting the recent acquisitions--altogether the most momentous of the session--which stirred the deepest passions of Congress and held the keenest attention of the people. In the early days of December he submitted to his Committee two bills. One provided for the immediate admission of California; the other for the establishment of governments for Utah and New Mexico and the adjustment of the Texas boundary. On March 25th they were reported to the Senate. Meanwhile Taylor, in a special message, had recommended the immediate admission of California. Senator Mason had introduced a bill providing more effective means for the summary return of fugitive slaves, in effect converting the population of the free States into a posse comitatus charged with the duty of hunting down the fugitive sand returning him to bondage. The clash of arms had begun. Both sides were passionately in earnest and resolved to encounter the utmost extremity rather than yield. The Democrats had a small majority in the Senate, while in the House neither party had a majority.
The Free Soilers held the balance of power, but by a refusal to cooperate with the conservative opponents of slavery extension left the control of the House in the hands of the Democrats. The chief business of the early weeks of the session was the delivery of defiant speeches and the presentation of resolutions defining the opinions of various segments of distracted parties and revealing the chasm that was opening between the friends and opponents of slavery.
On the 21st of January the rival Whig chiefs of the Senate held a confidential conference. Clay submitted a plan of compromise covering the whole field of controversy. Webster promised his cordial support. A week later Clay presented the first draft of his famous slavery Compromise. He was under the sincere illusion that he had been spared by Providence that he might save his country in this great exigency and that his bill would secure long years of peace and harmony. At least, as many of them were old men, it would postpone the evil day until they had been safely gathered to their fathers, and, according to the political morals of the age, the next generation must take care of itself. Douglas moved to refer the resolutions to the Committee on Territories; but, on motion of Foote of Mississippi, they were referred to a select Committee of Thirteen, consisting of three Northern Whigs, three Southern Whigs, three Southern and three Northern Democrats, with Clay as chairman.
Douglas was not on this Committee. It was composed of old Senators whose established reputations were expected to give credit to any proposition of compromise.
On May 8th the Committee reported, recommending the immediate admission of California, the establishment of territorial governments in New Mexico and Utah with no mention of the slavery question, the settlement of the Texas boundary dispute and the enactment of a law providing for the more effectual return of fugitive slaves. Substantially it was Douglas' two bills joined together, with Mason's Fugitive Slave bill annexed. It was a mass of unrelated measures, jumbled together for the illegitimate purpose of compelling support of the whole from friends of the several parts.
Clay spoke for two days in support of his great masterpiece of compromising statesmanship. He insisted that it should be accepted by all for the reason that "neither party made any concession of principle, but only of feeling and sentiment," and ingeniously sought to soothe the anger of the North by the assurance that the principle of popular sovereignty embodied in the bill was not only eminently just and in harmony with the spirit of our institutions but entirely harmless, inasmuch as the North had Nature on its side, facts on its side and the truth staring it in the face that there was no slavery in the Territories, proving that the law of Nature was of paramount force.
