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[10]

Chapter 2:

  • The session of 1849-50
  • -- the Compromise measures -- virtual Abrogation of the Missouri Compromise -- the admission of California -- the fugitive slave law-death of Calhoun -- Anecdote of Clay.


The first session of the Thirty-first Congress (1849-50) was a memorable one. The recent acquisition from Mexico of New Mexico and California required legislation by Congress. In the Senate the bills reported by the Committee on Territories were referred to a select committee of which Clay, the distinguished Senator from Kentucky, was chairman. From this committee emanated the bills which, taken together, are known as the compromise measures of 1850.

With some others, I advocated the division of the newly acquired territory by an extension to the Pacific Ocean of the Missouri Compromise line of thirty-six degrees and thirty minutes north latitude. This was not because of any inherent merit or fitness in that line, but because it had been accepted by the country as a settlement of the sectional question which, thirty years before, had threatened a rupture of the Union, and it had acquired in the public mind a prescriptive respect which it seemed unwise to disregard. A majority, however, decided otherwise, and the line of political conciliation was then obliterated, as far as it lay in the power of Congress to do so. An analysis of the vote will show that this result was effected almost exclusively by the representatives of the North, and that the South was not responsible for an action which proved to be the opening of Pandora's box.1

However objectionable it may have been in 1820 to adopt that political line as expressing a geographical definition of different sectional interests, and however it may be condemned as the assumption by Congress of a function not delegated to it, it is to be remembered that the act had received such recognition and quasi-ratification by the people of the states as to give it a value which it did not originally possess. Pacification had been the fruit borne by the tree, and it should not have been recklessly hewed down and cast into the fire. The frequent assertion then made was that all discrimination was unjust, and that the popular will should be left untrammeled in the formation of new states. This theory

1 The vote in the Senate on the proposition to continue the line of the Missouri Compromise through the newly acquired territory to the Pacific was twenty-four yeas to thirty-two nays. Reckoning Delaware and Missouri as Southern states, the vote of the two sections was exactly equal. The yeas were all cast by Southern Senators; the nays were all Northern except two from Delaware, one from Missouri, and one from Kentucky.

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