Dodge of Iowa, now introduced in the Senate a bill for the organization
of the Territory which was a copy of the House bill of the last
session. It was referred to the Committee on Territories. Douglas
as chairman on January 4th reported it to the Senate in an altered
form, accompanied by an elaborate report. It provided that when
the Territory or any part of it should be admitted as a State it
should be with or without slavery as its Constitution should provide.
The report justified this non-committal attitude by citing the
similar provisions in the Utah and New Mexico bills. It declared
it a disputed point whether slavery was prohibited in Nebraska by
valid enactment. The constitutional power of Congress to regulate
the domestic affairs of the Territories was doubted. The Committee
declined to discuss the question which was so fiercely contested
in 1850. Congress then refrained from deciding it. The Committee
followed that precedent by neither affirming nor repealing
the Missouri Compromise, nor expressing any opinion as to its
validity. It intimated that in 1850 Congress already doubted its
constitutionality. The Compromise was now doomed. The inventive
genius of the Senate now applied itself to the task of shifting
the odium of its repeal upon the previous Congress.
While this bill was pending in the Senate Douglas was anxiously
scanning the field to ascertain what effect it was producing among
the people. The South was not likely to be duped. If the Missouri
Compromise was in force that alone excluded slavery, and no advantage
could accrue from organizing the new Territory without mention of
the subject. It did not care to take the risk of proving the law
of 1820 invalid. Let it be repealed. But the thought of explicitly
repealing the Missouri Compromise, which he had been wont to declare
inviolably sacred, appalled him. He dreaded its effect in Illinois
and throughout the Puritanical North, where moral ideas were
annoyingly obtrusive. The South, though not demanding the repeal
of the Compromise, would surely welcome it with joy and gratitude.
The question of expediency was a hard one.
The bill, consisting of twenty sections, was printed on January
2d in the Washington Sentinel. Again, on the 10th of January, it
appeared in the same paper with another section added. The new
section provided that the question of slavery during the territorial
period should be left to the inhabitants, that appeals to the Supreme
Court should be allowed in all cases involving title to slaves or
questions of personal freedom, and that the Fugitive Slave Law should
be executed in the Territories as in the States. This remarkable
change in the form and spirit of the bill was explained as resulting
from an error of the copyist, who had omitted this vital section
from it as originally printed.
Public-domain text, read in full here on John Shaqi.
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