Life of James Buchanan, Fifteenth President of the United States. v. 2 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 2 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
Territory, should be allowed to act on the subject of slavery in any
way; but they proclaimed as their doctrine that when the people of a
Territory, acting under the authority of an organic law, should
frame and adopt a State constitution, they should be at liberty to
make their State free or slave as they might see fit.
Before this period the Cincinnati platform was silent; and it was
silent because its framers did not see fit to trammel themselves or
their candidate with a doctrine of “popular sovereignty”
irreconcilable with the governing authority of Congress, and also
because in this matter of slavery there was a question of property
involved. When, therefore, Mr. Buchanan accepted the Cincinnati
platform, and was elected upon it, he went into the office of
President without being in any way committed to the doctrine of
“popular sovereignty,” as expounded by Mr. Douglas.
But the Kansas-Nebraska Act was both a bone of contention between
two portions of the Democratic party and a law of the land. As
President, Mr. Buchanan had only to construe and administer it. It
contained, as explanatory of the purpose of Congress in abolishing
the Missouri Compromise restriction, the following declaration: “It
being the true intent and meaning of this Act not to legislate
slavery into any Territory or State, nor to exclude it therefrom,
but to leave the people thereof perfectly free to form and regulate
their domestic institutions in their own way, subject only to the
Constitution of the United States.” This was in one respect
ambiguous, and in another not so. It was ambiguous in not clearly
defining the time at which this right to form their own domestic
institutions was to be considered as inhering in the people of a
Territory. It was unambiguous in subordinating the exercise of this
right to the Constitution of the United States. In carrying out the
law, the President had to consider what was the limitation imposed
by the Constitution of the United States upon the operation of this
newly created right. This brought before him the action of the
Supreme Court of the United States on the subject of slave property
in the Territories, which had occurred a few days after his
inauguration.
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