Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography; United States -- History -- Civil War, 1861-1865
This was the public and legislative agreement announced to the
country. Subsequent revelations show the secret and factional bargain
which that agreement covered. Not only was this territorial bill
searchingly considered in committee, but repeated caucuses were held
by the Democratic leaders to discuss the party results likely to grow
out of it. The Southern Democrats maintained that the Constitution of
the United States recognized their right and guaranteed them
protection to their slave property, if they chose to carry it into
Federal Territories. Douglas and other Northern Democrats contended
that slavery was subject to local law, and that the people of a
Territory, like those of a State, could establish or prohibit it. This
radical difference, if carried into party action, would lose them the
political ascendency they had so long maintained, and were then
enjoying. To avert a public rupture of the party, it was agreed "that
the Territories should be organized with a delegation by Congress of
all the power of Congress in the Territories, and that the extent of
the power of Congress should be determined by the courts." If the
courts should decide against the South, the Southern Democrats would
accept the Northern theory; if the courts should decide in favor of
the South, the Northern Democrats would defend the Southern view. Thus
harmony would be preserved, and party power prolonged. Here we have
the shadow of the coming Dred Scott decision already projected into
political history, though the speaker protests that "none of us knew
of the existence of a controversy then pending in the Federal courts
that would lead almost immediately to the decision of that question."
This was probably true; for a "peculiar provision" was expressly
inserted in the committee's bill, allowing appeals to the Supreme
Court of the United States in all questions involving title to slaves,
without reference to the usual limitations in respect to the value of
the property, thereby paving the way to an early adjudication by the
Supreme Court.
[Sidenote: "Globe," Jan. 15, 1854, p. 175.]
Public-domain text, read in full here on John Shaqi.
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