Part 11 (2/2)

He not only failed in this, because Southern Whigs were not yet ready to break with their Northern a.s.sociates; but he barely avoided breaking up the solidarity of Southern Democrats, and he made it increasingly difficult for Northern and Southern Democrats to act together in matters which did not touch the peculiar inst.i.tution of the South.[281] Thenceforth, harmonious party action was possible only through a deference of Northern Democrats to Southern, which was perpetually misinterpreted by their opponents.

Senator Hale thought the course of Northern representatives and senators pusillanimous and submissive to the last degree; and no considerations of taste prevented him from expressing his opinions on all occasions. Nettled by his taunts, and no doubt sensitive to the grain of truth in the charge, perplexed also by the growing factionalism in his party, Douglas retorted that the fanaticism of certain elements at the North was largely responsible for the growth of sectional rancor. For the first time he was moved to state publicly his maturing belief in the efficacy of squatter sovereignty, as a solvent of existing problems in the public domain.

”Sir, if we wish to settle this question of slavery, let us banish the agitation from these halls. Let us remove the causes which produce it; let us settle the territories we have acquired, in a manner to satisfy the honor and respect the feelings of every portion of the Union.... Bring those territories into this Union as States upon an equal footing with the original States. Let the people of such States settle the question of slavery within their limits, as they would settle the question of banking, or any other domestic inst.i.tution, according to their own will.”[282]

And again, he said, ”No man advocates the extension of slavery over a territory now free. On the other hand, they deny the propriety of Congress interfering to restrain, upon the great fundamental principle that the people are the source of all power; that from the people must emanate all government; that the people have the same right in these territories to establish a government for themselves that we have to overthrow our present government and establish another, if we please, or that any other government has to establish one for itself.”[283]

Not the least interesting thing about these utterances, is the fact that even Douglas could not now avoid public reference to the slavery question. He could no longer point to needed legislation quite apart from sectional interests; he could no longer treat slavery with a.s.sumed indifference; he could no longer affect to rise above such petty, local concerns to matters of national importance. He was now bound to admit that slavery stood squarely in the way of national expansion. This change of att.i.tude was brought about in part, at least, by external pressure applied by the legislature of Illinois.

With no little chagrin, he was forced to present resolutions from his own State legislature, instructing him and his colleagues in Congress to use their influence to secure the prohibition of slavery in the Mexican cession.[284] It was not easy to harmonize these instructions with the principle of non-interference which he had just enunciated.

Ten days before the close of the session, the California question again came to the fore. Senator Walker of Wisconsin proposed a rider to the appropriations bill, which would extend the Const.i.tution and laws in such a way as to authorize the President to set up a quasi-territorial government, in the country acquired from Mexico.[285] It was a deliberate hold-up, justified only by the exigencies of the case, as Walker admitted. But could Congress thus extend the Const.i.tution, by this fiat? questioned Webster. The Const.i.tution extends over newly acquired territory _proprio vigore_, replied Calhoun.[286] Douglas declined to enter into the subtle questions of const.i.tutional law thus raised. The ”metaphysics” of the subject did not disturb him. If the Senate would not pa.s.s his statehood bill, he was for the Walker amendment. A fearful responsibility rested upon Congress. The sad fate of a family from his own State, which had moved to California, had brought home to him the full measure of his responsibility. He was not disposed to quibble over points of law, while American citizens in California were exposed to the outrages of desperadoes, and of deserters from our own army and navy.[287]

While the Senate yielded to necessity and pa.s.sed the appropriations bill, rider and all, the House stubbornly clung to its bill organizing a territorial government for California, excluding slavery.[288] The following days were among the most exciting in the history of Congress. A conference committee was unable to reach any agreement.

Then Douglas tried to seize the psychological moment to persuade the Senate to accept the House bill. ”I have tried to get up State bills, territorial bills, and all kinds of bills in all shapes, in the hope that some bill, in some shape, would satisfy the Senate; but thus far I have found their taste in relation to this matter too fastidious for my humble efforts. Now I wish to make another and a final effort on this bill, to see if the Senate are disposed to do anything towards giving a government to the people of California.”[289]

Both Houses continued in session far into the night of March 3d.

Sectional feeling ran high. Two fist-fights occurred in the House and at least one in the Senate.[290] It seemed as though Congress would adjourn, leaving our civil and diplomatic service penniless. Douglas frankly announced that for his part he would rather leave our office-holders without salaries, than our citizens without the protection of law.[291] Inauguration Day was dawning when the dead-lock was broken. The Senate voted the appropriations bill without the rider, but failed to act on the House bill.[292] The people of California were thus left to their own devices.

The outcome was disheartening to the chairman of the Committee on Territories. His programme had miscarried at every important point.

Only his bill for the organization of Minnesota became law.[293] A similar bill for Nebraska failed to receive consideration. The future of California remained problematic. Indeed, political changes in Illinois made his own future somewhat problematic.

FOOTNOTES:

[Footnote 247: This was Benton's opinion; see _Globe_, 30 Cong., 1 Sess., p. 804.]

[Footnote 248: _Ibid._, pp. 136, 309.]

[Footnote 249: See remarks of Mason of Virginia, _Globe_, 30 Cong., 1 Sess., p. 903.]

[Footnote 250: _Ibid._, p. 950. The bill is printed on pp. 1002-1005.]

[Footnote 251: _Ibid._, p. 1007.]

[Footnote 252: _Ibid._, p. 1002.]

[Footnote 253: _Ibid._, p. 1027.]

[Footnote 254: _Globe_, 30 Cong., 1 Sess., p. 1048.]

[Footnote 255: _Ibid._, p. 1061.]

[Footnote 256: _Ibid._, pp. 1061-1062.]

[Footnote 257: _Ibid._, pp. 1062-1063.]

[Footnote 258: Douglas voted finally to recede from his amendment, _Ibid._, p. 1078.]

[Footnote 259: Stanwood, History of the Presidency, p. 236.]

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