CHAPTER IV
LEADERSHIP
There was nothing new in the main proposal. A bill to organize this same Territory had passed the House the year before. It was generally conceded that the region ought to have a territorial government. Vast as it was, it had less than a thousand white inhabitants, but the overland route to the Pacific ran across it, and there was sure to be a rapid immigration into it so soon as it should be thrown open to settlers. What was both new and startling was a clause permitting the inhabitants of the Territory, whenever it should be admitted to statehood, to decide for themselves whether they would have slavery or not. The eighth section of the Compromise Act of 1820 provided that slavery should never exist anywhere in the Louisiana Purchase north of 36° 30´, North latitude, save in the State of Missouri.
In the report which accompanied the bill, Douglas declared that it was based on the principles of the compromise measures of 1850. Those measures, he maintained, affirmed three propositions: questions relating to slavery in the Territories and in States to be formed out of them should be left to the people thereof; cases involving title to slaves and questions of personal freedom should be left to the local courts, with a right of appeal to the Supreme Court of the United States; the mandate of the Constitution concerning fugitive slaves applied to Territories as well as States. Three days later, these propositions were incorporated in the bill.
January 16, Archibald Dixon, a senator from Kentucky, offered an amendment expressly repealing the eighth section of the Missouri Compromise law. Douglas remonstrated, but in a few days he called on Dixon, the two senators went for a drive, and in the course of it Douglas promised to accept the amendment. He was satisfied, so Dixon reported his conversation, that the Missouri Compromise was unconstitutional and that it was unfair to the South. "This proceeding," he said, "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." January 22, with several other congressmen, he called on Jefferson Davis, Secretary of War, and was by him conducted to the White House. Contrary to his usage, for it was Sunday, the President granted them an interview. At the end of it, he promised to support the repeal. The next day, Douglas reported a substitute for the Nebraska bill. It provided for two Territories, Kansas and Nebraska, instead of one; and it declared the eighth section of the Missouri Compromise law to be inoperative because it was "superseded by" the principles of the compromise of 1850.
At the report and the bill in its first form the anti-slavery men in Congress took instant alarm. By the time the substitute was presented, the whole country knew that something extraordinary was afoot. Without a sign of any popular demand, without preliminary agitation or debate, Douglas, of Illinois, had set himself to repeal the Missouri Compromise. He had undertaken to throw open to slavery a great region long consecrated to freedom. He had written the bill of his own motion, by himself, in his own house. The South had not asked for the concession, the North had not in any wise consented to it. For a little while, in fact, the Southern leaders seemed to distrust the bill, for they distrusted Douglas; one or two of them, like Sam Houston, of Texas, resisted it to the last, declaring it was sure in the end to do the South more harm than good. But for the most part they came quickly into line behind Douglas, though they never generally accepted his principle of popular sovereignty. As to the North, the challenge of the Kansas-Nebraska bill met there with such a response as no Southern aggression had yet provoked. Through every avenue of expression—through the press and the pulpit, in petitions to Congress, in angry protests of public meetings and solemn resolves of legislatures—a hostile and outraged public opinion broke upon Douglas and his bill. His own party could not be held in line. Scores of Democratic newspapers turned against him. Save the legislature of Illinois, no Northern assembly, representative or other, that could speak with any show of authority, dared to support him. No Southern fire-eater was ever half so reviled. He could have traveled from Boston to Chicago, so he afterwards declared, by the light of his own burning effigies.
But the firmest and clearest protest of all came from the sturdy little band of anti-slavery men in Congress. The day after Douglas proposed his substitute, it came up for debate, and Chase, of Ohio, speaking for the opposition, asked for more time to examine the new provisions. Douglas granted a week, and the next day there appeared in various newspapers an address to the country entitled "An Appeal of the Independent Democrats in Congress." Chase was the principal author of it; he and Sumner and four representatives signed it. They denounced the bill as a breach of faith, infringing the historical compact of 1820, and as part of a plot to extend the area of slavery; and they accused Douglas of hazarding the dearest interests of the American people in a presidential game.
That judgment of him and of the bill was probably accepted by a majority of his contemporaries. For lack of Southern support, he had missed the Democratic nomination in 1852. It seemed clear that whatever Northern candidate the South should prefer would be nominated in 1856. His rivals were all, in one way or another, commending themselves to the South. Pierce was hand in glove with Davis and other Southern leaders. Marcy, in the Department of State, and Buchanan, in a foreign mission, were both working for the annexation of Cuba, a favorite Southern measure. It was suspected that Cass, old as he was, had it in mind to move the repeal when Douglas went ahead of him.