United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
The contradiction of view upon the question of the extension of
slavery to the Territories was, thus, not one between the parties, but
one between the sections. The parties were yet to be transformed by
the differences between the sections. That this was to be the outcome
no far-seeing eye ought then to have failed to perceive.
[Sidenote: 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, {346} which
were still under the military régime established at the time of their
occupation.
[Sidenote: 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 {347} of
constitutional law, and, therefore, upon its own independent
interpretation of the Constitution.
[Sidenote: Passage of Mr. Clayton's bill in the Senate, and rejection
of it in the House.]
Public-domain text, read in full here on John Shaqi.
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