Meantime Congress was endeavoring to avert the clash of sections by other measures of accommodation. The veteran Clay, in his favorite rôle of peacemaker, had drafted a series of resolutions as a sort of legislative programme; and with his old-time vigor, was pleading for mutual forbearance. All wounds might be healed, he believed, by admitting California with her free constitution; by organizing territorial governments without any restriction as to slavery, in the region acquired from Mexico; by settling the Texas boundary and the Texas debt on a fair basis; by prohibiting the slave trade, but not slavery, in the District of Columbia; and by providing more carefully for the rendition of fugitive slaves. Clay, Calhoun, and Webster had spoken with all the weight of their years upon these propositions, before Douglas was free to address the Senate.
It was characteristic of Douglas that he chose to speak on the concrete question raised by the application of California for admission into the Union. His opening words betrayed no elevation of feeling, no alarmed patriotism transcending party lines, no great moral uplift. He made no direct reference to the state of the public mind. Clay began with an invocation; Webster pleaded for a hearing, not as a Massachusetts man, nor as a Northern man, but as an American and as a Senator, with the preservation of the Union as his theme; Douglas sprang at once to the defense of his party. With the brush of a partisan, he sketched the policy of Northern Democrats in advocating the annexation of Texas, repudiating the insinuations of Webster that Texas had been sought as a slave State. He would not admit that the whole of Texas was bound to be a slave Territory. By the very terms of annexation, provision had been made for admitting free States out of Texas. As for Webster's "law of nature, of physical geography,—the law of the formation of the earth," from which the Senator from Massachusetts derived so much comfort, it was a pity that he could not have discovered that law earlier. The "law of nature" surely had not been changed materially since the election, when Mr. Webster opposed General Cass, who had already enunciated this general principle.[[346]]
In his reply to Calhoun, Douglas emancipated himself successfully from his gross partisanship. Planting himself firmly upon the national theory of the Federal Union, he hewed away at what he termed Calhoun's fundamental error—"the error of supposing that his particular section has a right to have a 'due share of the territories' set apart and assigned to it." Calhoun had said much about Southern rights and Northern aggressions, citing the Ordinance of 1787 as an instance of the unfair exclusion of the South from the public domain. Douglas found a complete refutation of this error in the early history of Illinois, where slavery had for a long time existed in spite of the Ordinance. His inference from these facts was bold and suggestive, if not altogether convincing.
"These facts furnish a practical illustration of that great truth, which ought to be familiar to all statesmen and politicians, that a law passed by the national legislature to operate locally upon a people not represented, will always remain practically a dead letter upon the statute book, if it be in opposition to the wishes and supposed interests of those who are to be affected by it, and at the same time charged with its execution. The Ordinance of 1787 was practically a dead letter. It did not make the country, to which it applied, practically free from slavery. The States formed out of the territory northwest of the Ohio did not become free by virtue of the ordinance, nor in consequence of it ... [but] by virtue of their own will."[[347]]
Douglas was equally convinced that the Missouri Compromise had had no practical effect upon slavery. So far from depriving the South of its share of the West, that Compromise had simply "allayed an unfortunate excitement which was alienating the affections of different portions of the Union." "Slavery was as effectually excluded from the whole of that country, by the laws of nature, of climate, and production, before, as it is now, by act of Congress."[[348]] As for the exclusion of the South from the Oregon Territory, the law of 1848 "did nothing more than re-enact and affirm the law which the people themselves had previously adopted, and rigorously executed, for the period of twelve years." The exclusion of slavery was the deliberate act of the people of Oregon: "it was done in obedience to that great Democratic principle, that it is wiser and better to leave each community to determine and regulate its own local and domestic affairs in its own way."[[349]]
An amendment to the Constitution to establish a permanent equilibrium between slave and free States, Douglas rightly characterized as "a moral and physical impossibility." The cause of freedom had steadily advanced, while slavery had receded. "We all look forward with confidence to the time when Delaware, Maryland, Virginia, Kentucky, and Missouri, and probably North Carolina and Tennessee, will adopt a gradual system of emancipation. In the meantime," said he, with the exultant spirit of the exuberant West, "we have a vast territory, stretching from the Mississippi to the Pacific, which is rapidly filling up with a hardy, enterprising, and industrious population, large enough to form at least seventeen new free States, one half of which we may expect to see represented in this body during our day. Of these I calculate that four will be formed out of Oregon, five out of our late acquisition from Mexico, including the present State of California, two out of the territory of Minnesota, and the residue out of the country upon the Missouri river, including Nebraska. I think I am safe in assuming, that each of these will be free territories and free States whether Congress shall prohibit slavery or not. Now, let me inquire, where are you to find the slave territory with which to balance these seventeen free territories, or even any one of them?"[[350]] Truer prophecy was never uttered in all the long controversy over the extension of slavery.
With a bit of brag, which was perhaps pardonable tinder the circumstances, Douglas reminded the Senate of his efforts to secure the admission of California and of his prediction that the people of that country would form a free State constitution. A few months had sufficed to vindicate his position at the last session. And yet, strangely enough, the North was still fearful lest slavery should be extended to New Mexico and Utah. "There is no ground for apprehension on this point," he stoutly contended. "If there was one inch of territory in the whole of our acquisition from Mexico, where slavery could exist, it was in the valleys of the Sacramento and San Joaquin, within the limits of the State of California. It should be borne in mind, that climate regulates this matter, and that climate depends upon the elevation above the sea as much as upon parallels of latitude." Why then leave the question open for further agitation? Give the people of California the government to which they are entitled. "The country is now free by law and in fact—it is free according to those laws of nature and of God, to which the Senator from Massachusetts alluded, and must forever remain free. It will be free under any bill you may pass, or without any bill at all."[[351]]
Though he did not discuss the compromise resolutions nor commit himself to their support, Douglas paid a noble tribute to the spirit in which they had been offered. He spoke feelingly of "the self-sacrificing spirit which prompted the venerable Senator from Kentucky to exhibit the matchless moral courage of standing undaunted between the two great hostile factions, and rebuking the violence and excesses of each, and pointing out their respective errors, in a spirit of kindness, moderation, and firmness, which made them conscious that he was right." Clay's example was already, he believed, checking the tide of popular excitement. For his part, he entertained no fears as to the future. "The Union will not be put in peril; California will be admitted; governments for the territories must be established; and thus the controversy will end, and I trust forever." A cheerful bit of Western optimism to which the country at large was not yet ready to subscribe.
With his wonted aggressiveness Douglas had a batch of bills ready by March 25th, covering the controverted question of California and the Territories. The origin of these bills is a matter of no little interest. A group of Southern Whigs in the House, led by Toombs and Stephens of Georgia, had taken a determined stand against the admission of California, until assurances were given that concessions would be made to the South in the organization of the new Territories.[[352]]
With both Toombs and Stephens, Douglas was on friendly terms, despite their political differences. Perhaps it was at his suggestion that McClernand of Illinois approached these gentlemen with an olive branch. At all events, a conference was arranged at the Speaker's house, at which Douglas was represented by his friends McClernand, Richardson, and Linn Boyd of Kentucky. Boyd was chairman of the House Committee on Territories; and Richardson a member of the committee. McClernand announced that he had consulted with Douglas and that they were in entire agreement on the points at issue. Douglas had thought it better not to be present in person. The Southerners stated their position frankly and fully. They would consent to the admission of California only upon condition that, in organizing the territorial governments, the power should be given to the people to legislate in regard to slavery, and to frame constitutions with or without slavery. Congress was to bind itself to admit them as States, without any restrictions upon the subject of slavery. The wording of the territorial bills, which would compass these ends, was carefully agreed upon and put in writing. On the basis of this agreement Douglas and McClernand drafted bills for both the Senate and the House Committees.[[353]]