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in its schemes of conquest�察�but had no sympathy with slavery。 The old North�察�thought ready to submit to its continued existence in the States where already established�察�was implacably hostile to its further spread。
It was not a question of ethics or of sober statesmanship�察�but one of practical politics�察�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�察�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�察�acquired by the common blood and treasure�察�should now be closed to their institution�察�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�察�on the overthrow of the authority of the Mexican government by American arms�察�the laws and constitution of Mexico were extinguished and those of the United States�察�so far as applicable�察�occupied the vacant field�察�that the Federal Constitution carried slavery with it wherever it went�察�except where by the laws of a sovereign State it was excluded。
He announced the proposition afterwards established by the Supreme Court�察�that�察�as the Constitution proprio vigore carried slavery into all the Territories�察�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�察�pointing out that slavery was merely a municipal institution�察�in derogation of the common right of mankind�察�against the native instincts of humanity�察�dependent wholly for its right of existence upon local legislation�察�and that the real demand of the people of the South was not to carry their slaves into the new Territories�察�but to carry with them the slave codes of their several States。
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�察�Douglas had with practical sagacity offered an amendment to the Oregon bill�察�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�察�like Calhoun�察�believed slavery the creature of the Federal Constitution�察�and those�察�who�察�like Webster�察�believed it the creature of local municipal law。 But it promised a temporary respite to the vexed question。 He had already�察�in the House�察�advocated the extension of this line through the Western Territories。 He believed that adhesion to this venerable Compromise�察�now as sacred as the Constitution itself�察�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�察�meanwhile�察�events moved fast。 While Congress had been wrangling over the new possessions�察�gold was discovered in California。 A tumultuous rush of people�察�unparalleled since the Crusades�察�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�察�which met at Monterey on September 3d of that year�察�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�察�to which were referred all measures affecting the recent acquisitionsaltogether the most momentous of the sessionwhich 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�察�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�察�in a special message�察�had recommended the immediate admission of California。 Senator Mason had introduced a bill providing more effective means for the summary return of fugitive slaves�察�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�察�while in the House neither party had a majority。
The Free Soilers held the balance of power�察�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�察�as many of them were old men�察�it would postpone the evil day until they had been safely gathered to their fathers�察�and�察�according to the political morals of the age�察�the next generation must take care of itself。 Douglas moved to refer the resolutions to the Committee on Territories�察�but�察�on motion of Foote of Mississippi�察�they were referred to a select Committee of Thirteen�察�consisting of three Northern Whigs�察�three Southern Whigs�察�three Southern and three Northern Democrats�察�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�察�recommending the immediate admission of California�察�the establishment of territorial governments in New Mexico and Utah with no mention of the slavery question�察�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�察�with Mason's Fugitive Slave bill annexed。 It was a mass of unrelated measures�察�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�察�but only of feeling and sentiment�察─�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�察�inasmuch as the North had Nature on its side�察�facts on its side and the truth staring it in the face that there was no slavery in the Territories�察�proving that the law of Nature was of paramount force。
On March 4th Calhoun attempted to speak�察�but found himself unable and handed his speech to Mason who read it for him。 He rejected Clay's Compromise as futile and denied utterly the right of the inhabitants of a Territory to exclude slavery。 He accused the North of having pursued a course of systematic hostility to Southern institutions since the close of the Revolution�察�and cited the Ordinance of 1787�察�the Missouri Compromise and the exclusion of slavery from Oregon as instances of Northern aggression�察�and now�察�he said�察�the final and fatal act of exclusion was attempted。 He denounced the action of the people of California in organizing a State without congressional authority as revolutionary and rebellious。 He grimly announced that the South had no concessions to make�察�even to save the poor wreck of a once glorious Union。 He plainly told them that if the Union was to be saved the North must save it。 It must open the Territories to slavery。 It must surrender fugitive slaves。 It must cease agitating the slavery question。 The Constitution must be amended so as to restore to the South the power of protecting itself。 If they were not willing to do these acts of justice�察�nor that the South should depart in peace�察�let them say so�察�that it might know what to do when the question was reduced to one of submission or resistance。
Three days later Webster delivered his famous 7th of March speech。 He criticized with severity the Northern Democracy for its eager and officious subserviency to the South throughout the whole controversy arising out of the Mexican War�察�hinting that it had been even more eager to server than the South had been to accept its service。 He said that the Mexican War had been prosecuted for the purpose of the acquisition of territory for the extension of slavery�察�but that the nature of the country had defeated�察�in large part�察�