United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
Mr. Douglas did not, however, insert his doctrine of popular
sovereignty in the Territories, and his dictum as to the repeal of the
slavery prohibition in the Act of 1820 by the principles of the Acts
of 1850, in the bill. Possibly he thought it unnecessary. Possibly he
did not venture to do so. Possibly he did intend to leave things in
such an ambiguous shape that one interpretation might be put upon them
in one section, and a somewhat different one in another. He would
hardly have been an American politician if he had not, at some time or
other in his life, practised something of this kind. This is what they
call feeling the public pulse, which is a main point in the practice
of democratic statesmanship. It is not particularly edifying to the
academic statesman, but it is business, and Americans are a business
people. Mr. Douglas simply modelled the bill after the Utah and New
Mexico bills, in respect to slavery, that is, he made no mention of
the subject in that part of the bill which provided for the
Territorial period, but added a clause which read: "When admitted as a
State, the said Territory, or any portion of the same, shall be
received into the Union, with or without slavery, as its Constitution
may prescribe at the time of its admission."
[Sidenote: The report and bill together in conflict with the Act of
1820.]
Taken apart from the report, the bill might be interpreted as not in
conflict with the Act of 1820, but taken with the report, it meant the
repeal of the Act of 1820, and the attribution of all power over the
question of {387} slavery in the Territory to those who might squat
upon its soil. Of course it was entirely within the power of Congress
to repeal the Act of 1820. The restraints resting upon Congress in
regard to this matter were moral, not legal. If Congress would,
nevertheless, do it, it must do it in the form of a statute, and not
in that of a report doubting the constitutionality of the Act, or even
declaring it unconstitutional. It was entirely natural that the demand
should be made for clearing the bill of its ambiguities.
[Sidenote: The new section.]
Before the demand came, however, the committee itself did something in
this direction. When the bill was printed, on January 7th, it
contained twenty sections. On the 10th, a revised edition of it
appeared, which contained twenty-one sections. The last section was
the dictum of the report in regard to the principles of the Measures
of 1850 upon the subject of slavery in the Territories. The committee
explained that it had been left out of the first draft by a clerical
error. This change did not, however, clear the bill of all ambiguity.
The added provision was declaratory only, and did not expressly repeal
the Act of 1820.
[Sidenote: Mr. Dixon's proposed amendment.]
Public-domain text, read in full here on John Shaqi.
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