| The President urges the organization of California and New Mexico. |
For a fortnight more the confusion produced by the contradictory propositions of Mr. Hale and Mr. Davis paralyzed the efforts of the Senate to pass the Oregon bill, when, on July 6th, 1848, the President sent a special message to Congress urging the immediate organization of Territorial governments for California and New Mexico, which were still under the military régime established at the time of their occupation.
| Mr. Clayton's attempt at compromise. |
It appeared to some of the Senators that here was now offered the opportunity for settling the whole question of the extension of slavery to the Territories, by compromise; and, on July 12th, Mr. Bright, of Indiana, moved to refer the whole matter of the organization of Territorial governments in Oregon, California, and New Mexico, to a select committee, composed of four Whigs and four Democrats, two of each party from the North and the South, respectively. Mr. Bright's motion was in the form of an amendment or suggestion to a motion made by Mr. Clayton, that the Oregon bill be referred to such a committee. Mr. Clayton accepted Mr. Bright's modification of his motion, and the Senate immediately voted the resolution, and appointed the committee, with Mr. Clayton as chairman.
On the 18th, Mr. Clayton reported the bill from his committee, which provided for the organization of Oregon, with its existing anti-slavery laws, and with the recognition of the power to the Territorial legislature to change them; and for the organization of California and New Mexico, referring the question of the legality of slavery in them to the Territorial courts, with appeal to the Supreme Court of the United States, as a constitutional question. That is, the proposition with reference to slavery in California and New Mexico was, that slaveholders might take their slaves into these Territories upon their own responsibility, and that if any slaveholder should be disturbed in the possession of his slave, he might bring an action in the Territorial courts against the party disturbing him, with the right of appeal to the Supreme Court of the United States, which final tribunal should determine the question as a matter of constitutional law, and, therefore, upon its own independent interpretation of the Constitution.
| Passage of Mr. Clayton's bill in the Senate, and rejection of it in the House. |
The Senate debated this bill for a week, during which time the flimsy character of the makeshifts became painfully apparent. The Senate passed the bill, however, on the 26th, and sent it to the House.
The House rejected it, and proceeded with its own bill, and, on August 2nd, passed the latter by a strict sectional vote, and sent it to the Senate for concurrence.