French And Indian War
An increasingly popular "quick-fix" remedy to solving the issue of slavery was being discussed as 1850 began. The idea was to create new states from the territories acquired in 1846 and 1848 as soon as possible. States hoped to rely upon the U.S.Constitution X Amendment, which allowed the state the right to decide for themselves any issue not expressly prohibited by the federal government. Slavery was not mentioned in the Constitution at all.
Another "loop-hole" pro-slavery advocates hoped to have in their favor was the proviso of the 1820 Missouri Compromise which stated that all land above latitude 36o; 30' N was to be forever free territory. Federal Courts were in the process of evaluating that provision; they eventually would decide that proviso only applied to the territory acquired in the Louisiana Purchase. That meant that slavery could legally exist north of the 36 o;30' line the Oregon and Mexican Cession Territories .
Many leading politicians of the day, including President Zachary Taylor, firmly believed the soon-to-be-created states should decide for themselves whether to be free or slave states. He publicly supported the move to add the new State of California as a free state in December 1849, based on his correspondence with the territorial governor. Southern leaders in Congress had to respond quickly.
On January 29, 1850, seventy-three year old Henry Clay presented to the U.S. Senate his proposal. Clay had cleverly combined many separate issues and pending bills into one major piece of legislation designed to help the south while letting the north feel as though they were getting something in return. Clay's compromise proposed:
Admitting California as a free state.
Organizing the Mexican Cession Territory without any restriction as to slavery (the Utah and New Mexico territories).
Denying the Texas claim to extend its boundary to where the Rio Grande River begins.
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