United States, of either
Territorial Government or State Constitution, provided the government so
established shall be Republican and in conformity with the Constitution
of the United States." This resolution was a practical endorsement of
the course of Stephen A. Douglas in supporting the Compromise measures
of 1850, which he had defended as being "all founded upon the great
principle that every people ought to possess the right to form and
regulate their own domestic institutions in their own way," and that
"the same principle" should be "extended to all of the Territories of
the United States."
In accordance with his views and the resolution aforesaid, Mr. Douglas
in 1854, as we have already seen, incorporated in the Kansas-Nebraska
Bill a clause declaring it to be "the true intent and meaning of the Act
not to legislate Slavery into any State or Territory, or 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."
His position, as stated by himself, was, substantially that the
Lecompton Pro-Slavery Constitution was a fraud upon the people of
Kansas, in that it did not embody the will of that people; and he denied
the right of Congress to force a Constitution upon an unwilling people
--without regard, on his part, to whether that Constitution allowed or
prohibited Slavery or any other thing, whether good or bad. He held
that the people themselves were the sole judges of whether it is good or
bad, and whether desirable or not.
The Supreme Court of the United States had in the meantime made a
decision in a case afterward known as the "Dred Scott case," which was
held back until after the Presidential election of 1856 had taken place,
and added fuel to the political fire already raging. Dred Scott was a
Negro Slave. His owner voluntarily took him first into a Free State,
and afterward into a Territory which came within the Congressional
prohibitive legislation aforesaid. That decision in brief was
substantially that no Negro Slave imported from Africa, nor his
descendant, can be a citizen of any State within the meaning of the
Constitution; that neither the Congress nor any Territorial Legislature
has under the Constitution of the United States, the power to exclude
Slavery from any Territory of the United States; and that it is for the
State Courts of the Slave State, int
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