Not the least interesting thing about these utterances, is the fact that even Douglas could not now avoid public reference to the slavery question.  He could no longer point to needed legislation quite apart from sectional interests; he could no longer treat slavery with assumed indifference; he could no longer affect to rise above such petty, local concerns to matters of national importance.  He was now bound to admit that slavery stood squarely in the way of national expansion.  This change of attitude was brought about in part, at least, by external pressure applied by the legislature of Illinois.  With no little chagrin, he was forced to present resolutions from his own State legislature, instructing him and his colleagues in Congress to use their influence to secure the prohibition of slavery in the Mexican cession.[284] It was not easy to harmonize these instructions with the principle of non-interference which he had just enunciated.

Ten days before the close of the session, the California question again came to the fore.  Senator Walker of Wisconsin proposed a rider to the appropriations 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]