United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
the legislation of 1820. This was execrable jurisprudence, and even
Mr. Cass, who was really the father of the idea of home rule in the
Territories, dissented from it, and voted for Mr. Chase's amendment.
[Sidenote: Mr. Douglas' last change in the wording of the clause.]
In spite of this support by the majority, Mr. Douglas was apparently
disquieted by the attitude of Mr. Cass, and by the arguments against
the correctness of his doctrine. He, himself, now moved to strike out
of the bill the words: "which was superseded by the principles of the
legislation of 1850, commonly called the Compromise Measures, and is
hereby declared inoperative," and to insert instead thereof the words:
"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, commonly called the Compromise Measures, 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 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."
[Sidenote: Mr. Everett's views.]
In a most able argument, remarkable both for its strong logic and its
admirable temper, Mr. Everett demonstrated the weakness of Mr.
Douglas' proposition in its last form, the declaration of
inconsistency between the legislation of 1820 and that of 1850. He
showed conclusively that, in place of an inconsistency, here were
simply two policies in reference to different Territories, in which
different conditions and relations obtained. He predicted that the
{393} insistence upon the same policy for all the Territories would
lead to the struggle for determining whether they should be all slave
or all free, and he demonstrated that "popular sovereignty" in the
Territories was an illusion, since Congress could not by any act of
its own divest itself of its duty, laid upon it by the Constitution,
to legislate for the Territories. Mr. Everett was a member of the
committee on Territories, from which the bill had proceeded, and his
views should, on this account, have possessed an added weight.
[Sidenote: Mr. Houston's opposition to the bill.]
Mr. Houston, of Texas, another member of the committee, now declared
himself against the bill, on the ground, among other reasons, that it
would reopen the slavery question by the destruction of one of the
great measures upon which the settlement of that question rested.
[Sidenote: Mr. Bell's attitude toward the bill.]
Public-domain text, read in full here on John Shaqi.
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