The Life of Stephen A. Douglas [18]
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 Let it be repealed.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.
On the 16th of January Senator Dixon of Kentucky offered an amendment repealing the Missouri Compromise. The next day Sumner gave notice of an amendment affirming it. The question could no longer be dodged. When Dixon's amendment was offered, Douglas, who was greatly annoyed by it, went to his seat and implored him to withdraw it. But he refused. He called upon Dixon and took him for a drive. They talked of the Nebraska bill and the amendment. The result of the conference was that Douglas said to him: "I have become perfectly satisfied that it is my duty as a fair minded national statesman, to cooperate with you as proposed in securing the repeal of the Missouri Compromise restriction. It is due to the South; it is due to the Constitution, heretofore palpably infracted; it is due to that character for consistency which I have heretofore labored to maintain. The repeal will produce much stir and commotion in the free States * * * * for a season. I shall be assailed by demagogues and fanatics there without stint. * * * * Every opprobrious epithet will be applied to me. I shall probably be hung in effigy. * * * * I may become permanently odious among those whose friendship and esteem I have heretofore possessed. This proceeding may end my political career. But, acting under the sense of duty which animates me, I am prepared to make the sacrifice. I will do it."
The bluff Kentuckian was much affected, and with deep emotion exclaimed: "Sir, I once recognized you as a demagogue, a mere party manager, selfish and intriguing. I now find you a warm hearted and sterling patriot. Go forward in the pathway of duty as you propose, and, though the whole world desert you, I never will."
He had now decided on his course. Cass, who had been forestalled by his alert rival, was understood to be ready to step into the breach if Douglas faltered. He was on
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.
On the 16th of January Senator Dixon of Kentucky offered an amendment repealing the Missouri Compromise. The next day Sumner gave notice of an amendment affirming it. The question could no longer be dodged. When Dixon's amendment was offered, Douglas, who was greatly annoyed by it, went to his seat and implored him to withdraw it. But he refused. He called upon Dixon and took him for a drive. They talked of the Nebraska bill and the amendment. The result of the conference was that Douglas said to him: "I have become perfectly satisfied that it is my duty as a fair minded national statesman, to cooperate with you as proposed in securing the repeal of the Missouri Compromise restriction. It is due to the South; it is due to the Constitution, heretofore palpably infracted; it is due to that character for consistency which I have heretofore labored to maintain. The repeal will produce much stir and commotion in the free States * * * * for a season. I shall be assailed by demagogues and fanatics there without stint. * * * * Every opprobrious epithet will be applied to me. I shall probably be hung in effigy. * * * * I may become permanently odious among those whose friendship and esteem I have heretofore possessed. This proceeding may end my political career. But, acting under the sense of duty which animates me, I am prepared to make the sacrifice. I will do it."
The bluff Kentuckian was much affected, and with deep emotion exclaimed: "Sir, I once recognized you as a demagogue, a mere party manager, selfish and intriguing. I now find you a warm hearted and sterling patriot. Go forward in the pathway of duty as you propose, and, though the whole world desert you, I never will."
He had now decided on his course. Cass, who had been forestalled by his alert rival, was understood to be ready to step into the breach if Douglas faltered. He was on