riations bill, which would extend the Constitution and
laws in such a way as to authorize the President to set up a
quasi-territorial government, in the country acquired from
Mexico.[285] It was a deliberate hold-up, justified only by the
exigencies of the case, as Walker admitted. But could Congress thus
extend the Constitution, by this fiat? questioned Webster. The
Constitution extends over newly acquired territory _proprio vigore_,
replied Calhoun.[286] Douglas declined to enter into the subtle
questions of constitutional law thus raised. The "metaphysics" of the
subject did not disturb him. If the Senate would not pass his
statehood bill, he was for the Walker amendment. A fearful
responsibility rested upon Congress. The sad fate of a family from his
own State, which had moved to California, had brought home to him the
full measure of his responsibility. He was not disposed to quibble
over points of law, while American citizens in California were
exposed to the outrages of desperadoes, and of deserters from our own
army and navy.[287]

While the Senate yielded to necessity and passed the appropriations
bill, rider and all, the House stubbornly clung to its bill organizing
a territorial government for California, excluding slavery.[288] The
following days were among the most exciting in the history of
Congress. A conference committee was unable to reach any agreement.
Then Douglas tried to seize the psychological moment to persuade the
Senate to accept the House bill. "I have tried to get up State bills,
territorial bills, and all kinds of bills in all shapes, in the hope
that some bill, in some shape, would satisfy the Senate; but thus far
I have found their taste in relation to this matter too fastidious for
my humble efforts. Now I wish to make another and a final effort on
this bill, to see if the Senate are disposed to do anything towards
giving a government to the people of California."[289]

Both Houses continued in session far into the night of March 3d.
Sectional feeling ran high. Two fist-fights occurred in the House and
at least one in the Senate.[290] It seemed as though Congress would
adjourn, leaving our civil and diplomatic service penniless. Douglas
frankly announced that for his part he would rather leave our
office-holders without salaries, than our citizens without the
protection of law.[291] Inauguration Day was dawning when the
dead-lock was broken. The Senate voted the appropriations bill
wit