The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2): A Narrative and Critical HistoryEggleston, George Cary
History
The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2): A Narrative and Critical History
Eggleston, George Cary
United States -- History -- Civil War, 1861-1865
The most notable legislative outcome of this vexed situation was the
Kansas-Nebraska Bill, for which Senator Douglas made himself sponsor.
That bill provided for the erection of the two territories, Kansas and
Nebraska, leaving it to those who should settle within that domain to
permit or exclude slavery as they might please when the time should
come for them to apply for admission to the Union as states. By
direct implication at least slaves might freely be taken into those
territories during the period of their territorial existence if the
settlers there so desired.
In justice to the memory of a patriotic statesman who served his
country to the best of his ability, it is only fair that his doctrine
and his opinions shall be presented in his own words.
In the speech by which, in 1850, he placated the animosity that had
greeted him at Chicago, he set forth his thought as follows:
These measures [the compromise measures of 1850] are predicated
upon the great fundamental principle that every people ought to
possess the right of framing and regulating their own internal
concerns and domestic institutions in their own way.... These
things are all confided by the constitution to each state to decide
for itself, and I know of no reason why the same principle should
not be extended to the territories.
Three years later Mr. Douglas carefully set forth his doctrine again in
the Kansas-Nebraska Bill itself. Referring to the Missouri Compromise,
with its prohibition of slavery in the states to be erected out of
Louisiana territory north of 36° 30´, the bill said:
Which being inconsistent with the principle of non-intervention by
Congress with slavery in the states and territories, as recognized
by the legislation of 1850 ... is hereby declared inoperative and
void; 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.
Mr. Douglas's doctrine, popularly known as "Squatter Sovereignty," was
open to criticism on very obvious constitutional and historical grounds.
The original conception of the Union had undoubtedly been that it
was a confederacy of states, each sovereign within itself except in
so far as it had surrendered to the National Government a part of its
sovereignty by accepting the Federal Constitution and entering the
Union. It was deemed an axiom that each state was free by the will
of its own citizens to regulate its domestic affairs in its own way,
permitting or forbidding slavery at its own free will. After the great
slavery controversy arose the South contended still for this doctrine
of states' rights, and by the Kansas-Nebraska Bill, this sovereignty of
the states was extended to the territories also.
Public-domain text, read in full here on John Shaqi.
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