The Senate seemed apathetic; but its apathy was more feigned than real. There was, indeed, great interest in the bill, but equally great reluctance to act upon it. What the South feared was not that Oregon would be free soil,—that was conceded,—but that an unfavorable precedent would be established. Were it conceded that Congress might exclude slavery from Oregon, a similar power could not be denied Congress in legislating for the newly acquired Territories where slavery was possible.[[249]]
As a last resort, a select committee was appointed, of which Senator Clayton became chairman. Within a week, a compromise was reported which embraced not only Oregon, but California and New Mexico as well. The laws of the provisional government of Oregon were to stand until the new legislature should alter them, while the legislatures of the prospective Territories of California and New Mexico were forbidden to make laws touching slavery. The question whether, under existing laws, slaves might or might not be carried into these two Territories, was left to the courts with right of appeal to the Supreme Court of the United States.[[250]] The Senate accepted this compromise after a prolonged debate, but the House laid it on the table without so much as permitting it to be read.[[251]]
Douglas returned in time to give his vote for the Clayton compromise,[[252]] but when this laborious effort to adjust controverted matters failed, he again pressed his original bill.[[253]] Hoping to make this more palatable, he suggested an amendment to the objectionable prohibitory clause: "inasmuch as the said territory is north of the parallel of 36° 30' of north latitude, usually known as the Missouri Compromise." It was the wish of his committee, he told the Senate, that "no Senator's vote on the bill should be understood as committing him on the great question."[[254]] In other words, he invited the Senate to act without creating a precedent; to extend the Missouri Compromise line without raising troublesome constitutional questions in the rest of the public domain; to legislate for a special case on the basis of an old agreement, without predicating anything about the future. When this amendment came to vote, only Douglas and Bright supported it.[[255]]
Douglas then proposed to extend the Missouri Compromised line to the Pacific, by an amendment which declared the old agreement "revived ... and in full force and binding for the future organization of the Territories of the United States, in the same sense and with the same understanding with which it was originally adopted."[[256]] This was President Polk's solution of the question. It commended itself to Douglas less on grounds of equity than of expediency. It was a compromise which then cost him no sacrifice of principle; but though the Senate agreed to the proposal, the House would have none of it.[[257]] In the end, after an exhausting session, the Senate gave way,[[258]] and the Territory of Oregon was organized with the restrictive clause borrowed from the Ordinance of 1787. All this turmoil had effected nothing except ill-feeling, for the final act was identical with the bill which Douglas had originally introduced in the House.
In the meantime, national party conventions for the nomination of presidential candidates had been held. The choice of the Democrats fell upon Cass; but his nomination could not be interpreted as an indorsement of his doctrine of squatter sovereignty. By a decisive vote, the convention rejected Yancey's resolution favoring "non-interference with the rights of property of any portion of the people of this confederation, be it in the States or in the Territories, by any other than the parties interested in them."[[259]] The action of the convention made it clear that traditional principles and habitual modes of political thought and action alone held the party together. The Whig party had no greater organic unity. The nomination of General Taylor, who was a doubtful Whig, was a confession that the party was non-committal on the issues of the hour. There was much opposition to both candidates. Many anti-slavery Whigs could not bring themselves to vote for Taylor, who was a slave-owner; Democrats who had supported the Wilmot Proviso, disliked the evasive doctrine of Cass.
The disaffected of both parties finally effected a fusion in the Free-Soil convention, and with other anti-slavery elements nominated Van Buren as their presidential candidate. With the cry of "Free soil, free speech, free labor, and free men," the new party threatened to upset the calculations of politicians in many quarters of the country.
The defeat of the Democratic party in the election of 1848 was attributed to the war of factions in New York. Had the Barnburners supported Cass, he would have secured the electoral vote of the State. They were accused of wrecking the party out of revenge. Certain it is that the outcome was indecisive, so far as the really vital questions of the hour were concerned. A Whig general had been sent to the White House, but no one knew what policies he would advocate. The Democrats were still in control of the Senate; but thirteen Free-Soilers held the balance of power in the House.[[260]]
Curiosity was excited to know what the moribund administration of the discredited Polk would do. Douglas shared this inquisitiveness. He had parted with the President in August rather angrily, owing to a fancied grievance. On his return he called at the White House and apologized handsomely for his "imprudent language."[[261]] The President was more than glad to patch up the quarrel, for he could ill afford now, in these waning hours of his administration, to part company with one whom he regarded as "an ardent and active political supporter and friend." Cordial relations resumed, Polk read to Douglas confidentially such portions of his forthcoming message as related to the tariff, the veto power, and the establishment of territorial governments in California and New Mexico. In the spirit of compromise he was still willing to approve an extension of the Missouri Compromise line through our new possessions. Should this prove unacceptable, he would give his consent to a bill which would leave the vexing question of slavery in the new Territories to the judiciary, as Clayton had proposed. Douglas was now thoroughly deferential. He gratified the President by giving the message his unqualified approval.[[262]]
However, by the time Congress met, Douglas had made out his own programme; and it differed in one respect from anything that the President, or for that matter anyone else, had suggested. He proposed to admit both New Mexico and California; i.e. all of the territory acquired from Mexico, into the Union as a State. Some years later, Douglas said that he had introduced his California bill with the approval of the President;[[263]] but in this his memory was surely at fault. The full credit for this innovation belongs to Douglas.[[264]] He justified the departure from precedent in this instance, on the score of California's astounding growth in population. Besides, a territorial bill could hardly pass in this short session, "for reasons which may be apparent to all of us." Three bills had already been rejected.[[265]]
Now while California had rapidly increased in population, there were probably not more than twenty-six thousand souls within its borders, and of these more than a third were foreigners.[[266]] One would naturally suppose that a period of territorial tutelage would have been peculiarly fitting for this distant possession. Obviously, Douglas did not disclose his full thought. What he really proposed, was to avoid raising the spectre of slavery again. If the people of California could skip the period of their political minority and leap into their majority, they might then create their own institutions: no one could gainsay this right, when once California should be a "sovereign State." This was an application of squatter sovereignty at which Calhoun, least of all, could mock.