CHAPTER X

THE COMPROMISE OF 1850

To win California as slave territory the Southern leaders had forced the

war on Mexico. The territory was won, and no political force had

developed strong enough to halt their progress. But now came a check

from the realm which could not be cajoled or brow-beaten,--the world of

natural and industrial forces. Gold was discovered in California. There

was a rush of immigrants, and a swift opening and settlement of the

country. The pioneers--hardy, enterprising and democratic--had no use

nor room for slaves. They held a convention, with the encouragement of

President Taylor; framed a Constitution in which slavery was excluded

from the future State--this by unanimous vote, including the 15

delegates who had come from slave States; and the popular vote ratified

the proposed Constitution by 10 to 1. Then they asked for admission to

the Union.

The Southern faction was wrathful. The extremists were for excluding the

new State unless slavery was permitted. But it was clear that slavery

could not be forced on a State against the wish of its entire people.

Then compensation was sought in concessions to be made by the North. The

remainder of the new domain, Utah and New Mexico, was not ripe for

Statehood; but let slavery, it was urged, be established as a

territorial condition. Then came up another grievance of the South. Its

fugitive slaves, escaping over the border line, were systematically

helped, either to make their way to Canada and the protection of the

British flag, or to safe homes in the Northern States. Naturally the

slaves who dared the perils of escape were either the most energetic or

the most wronged, and sympathy for them at the North was active and

resourceful. Along their most frequented routes of flight were

systematic provisions of shelter and help, known as "the underground

railroad." The Federal Constitution required their return, but this task

had been left to State laws and courts, and was performed slackly, if at

all. The total number of fugitives was not large nor the pecuniary loss

heavy, but the South was exasperated by what it considered a petty and

contemptible depredation. So there was a demand that the Federal

government should undertake and enforce the return of fugitive slaves.

Congress opened the session of 1849-50 amid great excitement and

confusion. Once more Clay came forward to reconcile the disputants. Clay

in these last days was at his best. He was no longer swayed by

Presidential aspirations. When in 1849 the Kentucky Constitution was to

be revised, he wrote a letter strongly favoring a gradual emancipation

and colonization. This had no effect, but Clay's unshaken hold on his

State was shown by his unanimous re-election to the Senate. There he at

once entered upon his last great effort at national reconciliation. He

introduced a bill providing for a series of concessions on both sides.

California was to be admitted as a free State; and New Mexico and Utah

were to be organized as territories, leaving the question of slavery for

future settlement. Slavery was to continue in the District of Columbia,

but the slave trade was to be forbidden there. Texas was to cede to New

Mexico a disputed strip of territory, which presumably would ultimately

become free; and was to be compensated by a large grant from the Federal

territory. A law was to be passed for the return of fugitive slaves by

Federal authority.

Over these measures the debate was long and hot. Clay pleaded that by

his scheme the advantages were fairly balanced between North and South.

He urged that the rising spirit of disunion at the South should be

disarmed by reasonable concessions. He appealed to the North for

concessions and to the South for peace. When Jefferson Davis, Senator

from Mississippi, declared that the plan conceded nothing to the South,

and demanded that the Missouri compromise line be extended to the

Pacific (bisecting California), with the express establishment of

slavery south of that line, Clay declared that no earthly power should

make him vote for the establishment of slavery anywhere where it had had

no previous existence. To do so, he said, would be to incur from future

inhabitants of New Mexico the reproach which Americans justly applied to

their British ancestors for fastening the institution on them. But he

would spare Southern sensibilities by withholding an explicit exclusion

of slavery from New Mexico; Nature and the future would attend to that.

Against any right of secession, against any possibility of peaceful

secession, he declared with strongest emphasis: "War and dissolution of

the Union are identical; they are convertible terms; and such a war!"

Fighting for the extension of slavery, the sympathies of all mankind

would be against the South.

The venerable old man, speaking with all the sincerity and warmth of his

heart and with all the powers of his mind, was heard, says Schurz, by a

great and brilliant audience. His first faltering words were followed by

regained power; the old elevation of sentiment, the sonorous flow of

words, the lofty energy of action, were enhanced by the pathetic sense

that this was the final effort.

More pathetic, tragic even, was the last speech of Calhoun, read for him

while he sat in his senatorial chair; the tall form bowed by age and

weakness, the gaunt, impressive face furrowed by the long strife for a

doomed cause, but the old fire still alight in the dark eyes and in the

resolute spirit. He recognized that the strife of the sections was

radical, and that the proposed compromises and palliatives were weak and

temporary. He declared that the South had been thwarted in its rights

from the ordinance of 1787 until now; that the equilibrium would be

destroyed past hope if California and New Mexico were to become free

States; and that the only effective resource lay in some constitutional

amendment to safeguard the rights of the South. What amendment could

effect this, he did not say. But it transpired later that he had in mind

the election of two Presidents, one from each section,--a fantastic and

impossible scheme. In truth, Calhoun in this last utterance was less a

statesman aiming to guide events than a prophet predicting an inevitable

woe. He was too wise to share the elation with which hot-heads talked of

an independent South, and it was with sad forebodings that he sank to

his grave.

When on the 7th of March Webster rose to speak, the Senate and the

country hung on his words. He too was drawing toward the end, but his

powers were unabated. Hope was strong that in him would be found the

champion of freedom. But the key of his speech was a view of the

situation, not as a contest between freedom and slavery, but as an

opposition of geographical sections, inflamed by extremists on both

sides. The mischief, he declared, was due to Southern disunionists and

Northern Abolitionists. The remedy was a calm, patriotic temper; the

rebuke of fanaticism of both kinds, and the acceptance of reasonable

accommodations and adjustments. He approved substantially the scheme

proposed by Clay. The formal exclusion of slavery from New Mexico was an

unnecessary affront to the South; natural conditions would prevent

slavery there. A fugitive slave law was fairly required by the

Constitution and the South had a right to claim it. He, like Clay,

declared peaceable secession an impossibility, and his speech,

impressive throughout by the power of a lucid and massive intellect,

rose at its close to lofty eloquence in a plea for the maintenance of

the Union and a warning of the catastrophe which secession would

precipitate.

The defect of the speech was its complete failure to recognize the wrong

and mischief of slavery. Webster had rarely shown himself a moral

idealist, except as to the sentiment of patriotism. He was identified

with the prosperous and "respectable" classes, and the sufferings of the

poor and oppressed woke little sympathy in him. These limitations had

always been apparent, and while Clay seemed to grow finer and gentler

with advance of years, Webster's course was the other way. That imperial

and commanding presence, with its imposing stature and Jove-like visage,

was the tenement of a richly dowered nature. He had not only great

powers of intellect, but warm affections, generous sentiments, and

wholesome tastes for humanity and the outdoor world, but his moral

fiber, never of the stanchest grain, had been sapped by prosperity. He

was self-indulgent in his personal habits and heedless of homely

obligations. His ambition was strong, and as the favor of the South had

come to be the almost necessary condition of the Presidency, he could

not escape the suspicion of courting that favor. He was in substantial

agreement with Clay as to the compromise measures, but the Kentuckian

rose higher than his section and his look was forward; while Webster was

distinctly below the characteristic temper of New England, and his

movement was retrograde. The anti-slavery men mourned his 7th of March

speech as a great apostasy, and Whittier branded it in his poem of

"Ichabod," which fell with Judgment-day weight. Yet it was not an

apostasy, but the natural culmination of his course; and in spite of its

error, he still was true to the characteristic sentiment of his best

period, the love of the Union. His voice like Clay's gave

inspiration--it may well have been a decisive inspiration--to the cause

which triumphed at Gettysburg and Appomattox. Whittier himself, in a

later poem, recognized the patriotic service of the man whom, in the

heat of conflict, he had so scathingly denounced.

Congress, and especially the Senate, was at this time full of brilliant

men. Among the leaders of the extreme South were Mason of Virginia,

Butler of South Carolina, Davis of Mississippi, and Soule of Louisiana.

From this element came plentiful threats of disunion. But these threats

were met with stern answers. When President Taylor heard of them the

stout old soldier answered that such language was treasonable, and if

necessary he would himself take command of the army that should put down

rebellion. Disunion, he said, is treason; and to one questioning him, he

answered with a soldier's oath that if anyone really attempted to carry

it out, they should be dealt with by law as they deserved, and executed.

Clay's language was no less explicit. When Senator Rhett in Charleston

proposed to raise the flag of secession, and his colleague, Barnwell in

the Senate, half indorsed his words, Clay said, with a lightning flash

that thrilled the audience, that if Senator Rhett followed up that

declaration by overt acts "he will be a traitor, and I hope he will meet

the fate of a traitor!" Clay went on to say that if Kentucky should ever

unfurl the banner of resistance unjustly against the Union, "never,

never will I engage with her in such a cause!"

There was in Congress a new element, of the smallest in numbers, but

with the promise and potency of a great future. Four days after Webster,

Seward spoke in the Senate. He advocated the admission of California as

a free State, with no additions or compromises. No equilibrium between

freedom and slavery was possible; if established to-day it would be

destroyed to-morrow. The moral sentiment of the age would never permit

the enforcement of a law requiring Northern freemen to return slaves to

bondage. The entire public domain was by the Constitution devoted to

union, justice, defense, welfare, and liberty; and it was devoted to the

same noble ends by "a higher law than the Constitution." The extension

of slavery ought to be barred by all legal means. Threats of disunion

had no terrors for him. The question was "whether the Union shall stand,

and slavery, under the steady, peaceful action of moral, social, and

political causes, be removed by gradual voluntary effort and with

compensation; or whether the Union shall be dissolved and civil war

ensue, bringing on violent but complete and immediate emancipation."

Salmon P. Chase of Ohio spoke to similar effect. If, he said, the claims

of freedom are sacrificed here by forms of legislation, "the people will

unsettle your settlement." "It may be that you will succeed in burying

the ordinance of freedom. But the people will write upon its tomb, 'I

shall rise again.'"

The disunionists found that they had little popular support behind them.

A convention at Nashville, held to promote the interests of the South,

refused to countenance any extreme measures. General Taylor steadily

favored the admission of California as a free State, with no

qualifications or accompaniments. Then, while the result in Congress

hung doubtful, in the summer of 1850, President Taylor died. His

successor, Vice-President Millard Fillmore of New York, was a man of

fair ability and cautious or timid disposition; an opponent of Seward in

the politics of their State. He favored the compromise, and called

Webster to his cabinet. The administration's influence seemed to turn

the scale, and Clay's series of measures were adopted one by one. There

was dissatisfaction at the South and indignation at the North. The

territorial settlement was substantially in the North's favor. But the

exasperating fact, and pregnant with consequences, was the Fugitive

Slave law. Its provisions were intolerable to the popular conscience.

All citizens were liable to be called to aid in the pursuit and arrest

of a fugitive. He was to be tried before a United States commissioner,

whose decision was final. A man accused of a crime punishable by a small

fine or a brief imprisonment was entitled to a verdict from an impartial

jury of twelve; but a man whose freedom for life was at stake was at the

mercy of a single official.

Most of the Northern States sooner or later passed "Personal Liberty

laws," which, without directly assuming to nullify the Federal statute,

aimed to defeat its enforcement. They contained such provisions as the

exemption of State officials and State buildings from service in the

rendition of fugitives, and the right of alleged fugitives to be taken

by _habeas corpus_ before a State tribunal. So against the charge of

inhumanity in the Fugitive Slave law, the South brought the

counter-charge of evasion bordering on defiance of a Federal statute.

Few renditions were attempted. Sometimes they were met by forcible

resistance. An alleged fugitive, Jerry, was rescued by the populace in

Syracuse. A negro, Shadrach, arrested as a fugitive in Boston in 1851,

was set free and carried off by a mob. There was a spasm of excitement

in Congress, but it was brief and resultless. Later, in 1854, when the

anti-slavery tide was swiftly rising, came the rendition of Anthony

Burns, who was taken through the streets of Boston under a strong guard

of Federal troops and State militia, while the popular wrath and grief

at the sight swelled the wave which the repeal of the Missouri

compromise had started on its inevitable way.

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