He turned out no bad choice. For the brief period during which he held the Presidential office he showed considerable firmness and a sound sense of justice, and seems to have been sincerely determined to hold himself strictly impartial as between the two sections into which the Union was becoming every day more sharply divided. Those who expected, on the strength of his blunt avowal of slave-owning, that he would show himself eager to protect and extend Slavery were quite at fault. He declared with the common sense of a soldier that California must come into the Union, as she wished to come in, as a Free State, and that it would be absurd as well as monstrous to try and compel her citizens to be slave-owners against their will. But he does not appear to have had any comprehensive plan of pacification to offer for the quieting of the distracted Union, and, before he could fully develop his policy, whatever it may have been, he died and bequeathed his power to Millard Filmore, the Vice-President, a typical "good party man" without originality or initiative.
The sectional debate had by this time become far more heated and dangerous than had been the debates which the Missouri Compromise had settled thirty years before. The author of the Missouri Compromise still lived, and, as the peril of the Union became desperate, it came to be said more and more, even by political opponents, that he and he alone could save the Republic. Henry Clay, since his defeat in 1844, had practically retired from the active practice of politics. He was an old man. His fine physique had begun to give way, as is often the case with such men, under the strain of a long life that had been at once laborious and self-indulgent. But he heard in his half-retirement the voice of the nation calling for him, and he answered. His patriotism had always been great, great also his vanity. It must have been strangely inspiring to him, at the end of a career which, for all its successes, was on the whole a failure—for the great stake for which he played was always snatched from him—to live over again the great triumph of his youth, and once more to bequeath peace, as by his last testament, to a distracted nation. God allowed him that not ignoble illusion, and mercifully sent him to his rest before he could know that he had failed.
The death of Taylor helped Clay's plans; for the soldier-President had discovered a strong vein of obstinacy. He had his own views on the question, and was by no means disposed to allow any Parliamentary leader to over-ride them. Filmore was quite content to be an instrument in the hands of a stronger man, and, after his succession, Clay had the advantage of the full support of the Executive in framing the lines of the last of his great compromises.
In the rough, those lines were as follows: California was to be admitted at once, and on her own terms, as a Free State, Arizona and New Mexico were to be open to Slavery if they should desire its introduction; their Territorial Governments, when formed, were to decide the question. This adjustment of territory was to be accompanied by two balancing measures dealing with two other troublesome problems which had been found productive of much friction and bitterness. The district of Columbia—that neutralized territory in which the city of Washington stood—having been carved out of two Slave States, was itself within the area of legalized Slavery. But it was more than that. It was what we are coming to call, in England, a "Labour Exchange." In fact, it was the principal slave mart of the South, and slave auctions were carried on at the very doors of the Capitol, to the disgust of many who were not violent in their opposition to Slavery as a domestic institution. To this scandal Clay proposed to put an end by abolishing the Slave Trade in the district of Columbia. Slavery was still to be lawful there, but the public sale and purchase of slaves was forbidden. In return for this concession to Anti-Slavery sentiment, a very large counter-concession was demanded. As has already been said, the Constitution had provided in general terms for the return of fugitive slaves who escaped from Slave States into the Free. But for reasons and in a fashion which it will be more convenient to examine in the next chapter, this provision of the Constitution had been virtually nullified by the domestic legislation of many Northern States. To put an end to this, Clay proposed a Fugitive Slave Law which imposed on the Federal Government the duty of recovering escaped slaves, and authorized the agents of that Government to do so without reference to the Courts or Legislature of the State in which the slave might be seized.
The character of the settlement showed that its author's hand had in no way forgotten its cunning in such matters. As in the Missouri Compromise, every clause shows how well he had weighed and judged the conditions under which he was working, how acutely he guessed the points upon which either side could be persuaded to give way, and the concessions for which either would think worth paying a high price. And in fact his settlement was at the time accepted by the great mass of Union-loving men, North and South. Some Northern States, and especially Massachusetts, showed a disposition to break away under what seemed to them the unbearable strain of the Fugitive Slave Law. But in dealing with Massachusetts Clay found a powerful ally in Webster. That orator was her own son, and a son of whom she was immensely proud. He had, moreover, throughout his public life, avowed himself a convinced opponent of Slavery. When, therefore, he lent the weight of his support to Clay's scheme he carried with him masses of Northern men whom no one else could have persuaded. He proclaimed his adhesion of the Compromise in his famous speech of the 10th of May—one of the greatest that he ever delivered. It was inevitable that his attitude should be assailed, and the clamour raised against him by the extreme Anti-Slavery men at the time has found an echo in many subsequent histories of the period. He is accused of having sold his principles in order that he might make an unscrupulous bid for the Presidency. That he desired to be President is true, but it is not clear that the 10th of May speech improved his chances of it; indeed, the reverse seems to have been the case. A candid examination of the man and his acts will rather lead to the conclusion that throughout his life he was, in spite of his really noble gift of rhetoric, a good deal more of the professional lawyer-politician than his admirers have generally been disposed to admit, but that his "apostacy" of 1850 was, perhaps, the one act of that life which was least influenced by professional motives and most by a genuine conviction of the pressing need of saving the Union.
The support of a Southern statesman of like authority might have done much to give finality to the settlement. But the one Southerner who carried weight comparable to that of Webster in the North was found among its opponents. A few days after Webster had spoken, the Senate listened to the last words of Calhoun. He was already a dying man. He could not even deliver his final protest with his own lips. He sat, as we can picture him, those great, awful eyes staring haggardly without hope into nothingness, while a younger colleague read that protest for him to the Assembly that he had so often moved, yet never persuaded. Calhoun rejected the settlement; indeed, he rejected the whole idea of a territorial settlement on Missouri lines. It is fair to his sagacity to remember that the mania for trying to force Slavery on unsuitable and unwilling communities which afterwards took possession of those who led the South to disaster could claim no authority from him. His own solution is to be found in the "Testament" published after his death—an amazing solution, based on the precedent of the two Roman Consuls, whereby two Presidents were to be elected, one by the North and one by the South, with a veto on each other's acts. He probably did not expect that the wild proposal would be accepted. Indeed, he did not expect that anything that he loved would survive. With all his many errors on his head, there was this heroic thing about the man—that he was one of those who can despair of the Republic and yet not desert it. With an awful clearness he saw the future as it was to be, the division becoming ever wider, the contest more bitter, the sword drawn, and at the last—defeat. In the sad pride and defiance of his dying speech one catches continually an echo of the tragic avowal of Hector: "For in my heart and in my mind I know that Troy shall fall."
He delivered his soul, and went away to die. And the State to which he had given up everything showed its thought of him by carving above his bones, as sufficient epitaph, the single word: "CALHOUN."
CHAPTER VIII
THE SLAVERY QUESTION
The Compromise of 1850, though welcomed on all sides as a final settlement, failed as completely as the Missouri Compromise had succeeded. It has already been said that the fault was not in any lack of skill in the actual framing of the plan. As a piece of political workmanship it was even superior to Clay's earlier masterpiece, as the rally to it at the moment of all but the extreme factions, North and South, sufficiently proves. That it did not stand the wear of a few years as well as the earlier settlement had stood the wear of twenty was due to a change in conditions, and to understand that change it is necessary to take up again the history of the Slavery Question where the founders of the Republic left it.