The Life of Stephen A. Douglas [8]
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.
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
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.
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