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for the summary return of fugitive slaves； in effect converting the population of the free States into a posse comitatus charged with the duty of hunting down the fugitive sand returning him to bondage。 The clash of arms had begun。 Both sides were passionately in earnest and resolved to encounter the utmost extremity rather than yield。 The Democrats had a small majority in the Senate； while in the House neither party had a majority。
The Free Soilers held the balance of power； but by a refusal to cooperate with the conservative opponents of slavery extension left the control of the House in the hands of the Democrats。 The chief business of the early weeks of the session was the delivery of defiant speeches and the presentation of resolutions defining the opinions of various segments of distracted parties and revealing the chasm that was opening between the friends and opponents of slavery。
On the 21st of January the rival Whig chiefs of the Senate held a confidential conference。 Clay submitted a plan of compromise covering the whole field of controversy。 Webster promised his cordial support。 A week later Clay presented the first draft of his famous slavery Compromise。 He was under the sincere illusion that he had been spared by Providence that he might save his country in this great exigency and that his bill would secure long years of peace and harmony。 At least； as many of them were old men； it would postpone the evil day until they had been safely gathered to their fathers； and； according to the political morals of the age； the next generation must take care of itself。 Douglas moved to refer the resolutions to the Committee on Territories； but； on motion of Foote of Mississippi； they were referred to a select Committee of Thirteen； consisting of three Northern Whigs； three Southern Whigs； three Southern and three Northern Democrats； with Clay as chairman。 Douglas was not on this Committee。 It was composed of old Senators whose established reputations were expected to give credit to any proposition of compromise。
On May 8th the Committee reported； recommending the immediate admission of California； the establishment of territorial governments in New Mexico and Utah with no mention of the slavery question； the settlement of the Texas boundary dispute and the enactment of a law providing for the more effectual return of fugitive slaves。 Substantially it was Douglas' two bills joined together； with Mason's Fugitive Slave bill annexed。 It was a mass of unrelated measures； jumbled together for the illegitimate purpose of compelling support of the whole from friends of the several parts。
Clay spoke for two days in support of his great masterpiece of compromising statesmanship。 He insisted that it should be accepted by all for the reason that 〃neither party made any concession of principle； but only of feeling and sentiment；〃 and ingeniously sought to soothe the anger of the North by the assurance that the principle of popular sovereignty embodied in the bill was not only eminently just and in harmony with the spirit of our institutions but entirely harmless； inasmuch as the North had Nature on its side； facts on its side and the truth staring it in the face that there was no slavery in the Territories； proving that the law of Nature was of paramount force。
On March 4th Calhoun attempted to speak； but found himself unable and handed his speech to Mason who read it for him。 He rejected Clay's Compromise as futile and denied utterly the right of the inhabitants of a Territory to exclude slavery。 He accused the North of having pursued a course of systematic hostility to Southern institutions since the close of the Revolution； and cited the Ordinance of 1787； the Missouri Compromise and the exclusion of slavery from Oregon as instances of Northern aggression； and now； he said； the final and fatal act of exclusion was attempted。 He denounced the action of the people of California in organizing a State without congressional authority as revolutionary and rebellious。 He grimly announced that the South had no concessions to make； even to save the poor wreck of a once glorious Union。 He plainly told them that if the Union was to be saved the North must save it。 It must open the Territories to slavery。 It must surrender fugitive slaves。 It must cease agitating the slavery question。 The Constitution must be amended so as to restore to the South the power of protecting itself。 If they were not willing to do these acts of justice； nor that the South should depart in peace； let them say so； that it might know what to do when the question was reduced to one of submission or resistance。
Three days later Webster delivered his famous 7th of March speech。 He criticized with severity the Northern Democracy for its eager and officious subserviency to the South throughout the whole controversy arising out of the Mexican War； hinting that it had been even more eager to server than the South had been to accept its service。 He said that the Mexican War had been prosecuted for the purpose of the acquisition of territory for the extension of slavery； but that the nature of the country had defeated； in large part； the hopes of the South。 He declared that the whole question of slavery was settled by a higher law than that of Congress and that there was not then a foot of territory whose status was not already fixed by the laws of the several States or the decree of the Almighty； that； by the irrepealable laws of physical geography； slavery was already excluded from California and New Mexico。 He 〃would not take pains uselessly to reaffirm an ordinance of Nature； nor to reenact the will of God。〃 He denounced the Abolitionists and urged upon the Northern States the duty of faithfully and energetically enforcing the abhorred Fugitive Slave Law。
Seward； speaking a few days later； insisted that it was their clear duty to admit California under any Constitution adopted by it； republican in form； and assured then that had its Constitution permitted slavery he would still have deemed it his duty to vote for its admission。 He protested against the Fugitive Slave Law as necessarily nugatory and utterly impossible of execution because unanimously condemned by the public sentiment of the North。 In answer to the crushing argument that the Constitution carried slavery into the Territories and that cheerful obedience must be yielded to the supreme law； he announced the startling doctrine that there was a HIGHER LAW than the Constitution； to which their first duty was due； that slavery was a violation of this HIGHER LAW and hence the Constitution itself was powerless to establish it in the Territories。
On the 13th and 14th Douglas spoke。 The speech was able and adroit。 It was marred by the introduction of party…politics into a discussion of such gravity。 He was always prone to lapse from statesmanlike dignity to the level of the politician and viewed most matters primarily in their relation to he transient questions of party politics。 He undertook the ambitious task of replying to the speeches of Webster； Seward； and Calhoun。 He repelled the charge made by Webster that the Northern Democracy had surrendered to the slave powe