The origin of the debate will appear from a statement of facts.
On the 14th of December, 1853, Mr. Dodge, of Iowa, asked and obtained leave to introduce a bill to organize the Territory of Nebraska, which was read a first and second time by unanimous consent and referred to the Committee on Territories. This was a simple Territorial Bill, in the common form, containing no allusion to Slavery, and not in any way undertaking to touch the existing Prohibition of Slavery in this Territory.
On the 4th of January, 1854, Mr. Douglas, of Illinois, as Chairman of the Committee on Territories, reported this bill back to the Senate with various amendments, accompanied by a special report. By this bill only a single Territory was constituted, under the name of Nebraska; the existing Prohibition of Slavery was not directly overthrown, but it was declared that the States formed out of this Territory should be admitted into the Union "with or without Slavery," as they should desire.
On the 16th of January, Mr. Dixon, of Kentucky, in order to accomplish directly what the bill did only indirectly, gave notice of an amendment, to the effect that the existing Prohibition of Slavery "shall not be so construed as to apply to the Territory contemplated by this Act, or to any other Territory of the United States; but that the citizens of the several States or Territories shall be at liberty to take and hold their slaves within any of the Territories of the United States, or of the States to be formed therefrom."
On the next day, January 17, Mr. Sumner, in order to preserve the existing Prohibition, gave notice of the following amendment.
"Provided, That nothing herein contained shall be construed to abrogate or in any way contravene the Act of March 6, 1820, entitled 'An Act to authorize the people of Missouri Territory to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and to prohibit Slavery in certain Territories'; wherein it is expressly enacted, 'that in that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the State contemplated by this Act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited.'"
It is worthy of remark, that at this stage the proposition of Mr. Dixon, and also that of Mr. Sumner, were equally condemned by the Washington Union, the official organ of the Administration. It had not then been determined to sustain the repeal.
On the 23d of January, Mr. Douglas, from the Committee on Territories, submitted a new bill, as a substitute for that already reported. Here was a sudden change, by which the Territory was divided into two, Nebraska and Kansas, and the Prohibition of Slavery was directly overthrown. According to his language at the time, there were "incorporated into it one or two other amendments, which make the provisions of the bill upon other and more delicate questions more clear and specific, so as to avoid all conflict of opinion." It was formally enunciated in the bill, that the Prohibition of Slavery "was superseded by the principles of the legislation of 1850, commonly called the Compromise Measures, and is hereby declared inoperative." This of course superseded the proposed amendment of Mr. Dixon, who subsequently declared his entire assent to the bill in its new form. It also presented the issue directly raised in Mr. Sumner's proposed amendment.
On the next day, January 24th, when the amended bill had just been laid upon the tables of Senators, and without allowing the necessary time even for its perusal, Mr. Douglas pressed its consideration upon the Senate. After some debate it was postponed until the 30th of January, and made the special order from day to day until disposed of.