Chapter 33

CALIFORNIA AND THE COMPROMISE OF 1850

[1846]

One of the campaigns at the beginning of the Mexican War was that of General Stephen W. Kearney, from Fort Leavenworth, against New Mexico. It was opened in May, 1846. He invaded the country without much opposition, arrived at Santa Fe August 18th, having marched 873 miles, declared the inhabitants free from all allegiance to Mexico, and formed a territorial government over them as United States subjects.

Captain John C. Fremont had previously, but in the same year, 1846, been sent to California at the head of an exploring expedition, and in May he was notified to remain in the country in anticipation of hostilities. On June 15th he captured Samona. Meanwhile, Commodore Sloat was erecting our flag over the towns on the coast. In July Sloat was superseded by Commodore Stockton, who routed the Mexican commander, De Castro, at Los Angeles, joined Fremont, and on August 13th seized Monterey, the then capital. The two commanders now placed themselves at the head of a provisional government for California.

In 1848, on the same day and almost at the same hour when the peace of Guadalupe Hidalgo was concluded, gold was discovered in California. It was on the land of one Sutter, a Swiss settler in the Sacramento Valley, as some workmen were opening a flume for a mill. In three months over 4,000 persons were there, digging for gold with great success. By July, 1849, it is thought, 15,000 had arrived. Nearly all were forced to live in booths, tents, log huts, and under the open sky. The sparse population previously on the ground left off farming and grazing and opened mines. People became insane for gold. Immigrants soon came in immense hordes. In 1846, aside from roving Indians, California had numbered not much over 15,000 inhabitants. By 1850, it seems certain that the territory contained no fewer than 92,597. The new-comers were from almost every land and clime--Mexico, South America, the Sandwich Islands, China--though, of course, most were Americans. The bulk of these hailed from the Northwest and the Northeast. To this land of promise the sturdy pioneers from the Mississippi Valley found their way on foot, on horseback, or in wagons, over the Rocky Mountains and the Sierras, following trails previously untrodden by civilized man. Those from the East made long detours around Cape Horn or across the Isthmus of Panama.

Resort was now had again to the old, illusive device of compromise, Clay being the leader as usual. He brought forward his "Omnibus Bill," so called because it threw a sop to everybody. It failed to pass as a single measure, but was broken up and enacted piecemeal. Stubborn was the fight. Radicals of the one part would consent to nothing short of extending the Missouri Compromise line to the Pacific; those of the other stood solidly for the unmodified proviso.

In this crisis occurred President Taylor's death, July 9, 1850, which was most unfortunate. He was known not to favor the pro-slavery aggression which, in spite of Clay's personal leaning in the opposite direction, the omnibus bill embodied. Mr. Fillmore, as also Webster, whom he made his Secretary of State, nervous with fear of an anti-slavery reputation, went fully Clay's length. The debate on this compromise of 1850 was the occasion when Webster deserted the free-soil principles which were now dominant in New England. His celebrated speech of March. 7th marked the crisis of his life. He argued that the proviso was not needed to prevent slavery in the newly gotten district, while its passage would be a wanton provocation to the South From this moment Massachusetts dropped him. When she next elected a senator for a full term, it was Charles Sumner, candidate of the united Democrats and Free-soilers, who went to Congress pledged to fight slavery to the death.

But the omnibus compromises were passed. California was, indeed, admitted free, September 9, 1850--the thirty-first State in order--and slave-trade in the District of Columbia slightly alleviated. On the other hand, Texas was stretched to include a huge piece of New Mexico that was free before, and paid $10,000,000 to relinquish further claims. This was virtually a bonus to holders of her scrip, which from seventeen cents the dollar instantly rose to par. New Mexico and Utah were to be organized as Territories without the proviso, and were made powerless to legislate on slavery till they should become States. Least sufferable, a fugitive slave law was passed, so Draconian that that of 1793, hitherto in force, was benign in comparison. It placed the entire power of the general Government at the slave-hunter's disposal, and ordered rendition without trial or grant of habeas corpus, on a certificate to be had by simple affidavit. Bystanders, if bidden, were obliged to help marshals, and tremendous penalties imposed for aid to fugitives.

This act facilitated the recovery of fugitives at first, but not permanently. Many who had labored for its passage soon saw that it was a mistake. It powerfully fanned the abolition flame all over the North. New personal liberty laws were enacted. A daily increasing number adopted the view that the new act was unconstitutional, on the ground that the Constitution places the rendition of slaves as of criminals in the hands of States, and guarantees jury trial, even upon title to property, if over twenty dollars in value. After the act had been justified in the courts, multitudes of moderate northern men urged to a dangerous degree the doctrine of state rights in defence of the liberty laws. Others adopted the cry of the "higher law," and without joining Garrison in denouncing the Government, did not hesitate to oppose in every possible way the operation of this drastic legislation for slave-catching.