e in dealing with the
Territories. Both spoke with some degree of authority, for the two
territorial bills had passed in the identical form upon which they had
agreed in conference. But what was this principle? Toombs called it
the principle which the South had unwisely compromised away in
1820--the principle of non-interference with slavery by Congress, the
right of the people to hold slaves in the common Territories. Douglas
called the great principle, "the right of the people to form and
regulate their own internal concerns and domestic institutions in
their own way."[368] So stated the principle seems direct and simple.
But was Toombs willing to concede that the people of a Territory might
exclude slavery? He never said so; while Douglas conceded both the
positive power to exclude, and the negative power to permit, slavery.
Here was a discrepancy.[369] And it was probably because they could
not agree on this point, that a provision was added to the territorial
bills, providing that cases involving title to slaves might be
appealed to the Supreme Court. Whether the people of Utah and New
Mexico might exclude slaves, was to be left to the judiciary. In any
case Congress was not to interfere with slavery in the Territories.

One other question was raised subsequently. Was it intended that
Congress should act on this principle in organizing future
Territories? In other words, was the principle, newly recovered, to be
applied retroactively? There was no answer to the question in 1850,
for the simple reason that no one thought to ask it.

* * * * *

FOOTNOTES:

[Footnote 327: See the chapter on "State Policy" in Davidson and
Stuve, History of Illinois.]

[Footnote 328: Davidson and Stuve, History of Illinois, pp. 573-574;
Ackerman, Early Illinois Railroads, in Fergus Historical Series, p.
32.]

[Footnote 329: Letter of Breese to Douglas, Illinois _State Register_,
February 6, 1851.]

[Footnote 330: Forney, Anecdotes, I, pp. 18-20.]

[Footnote 331: Letter of Douglas to Breese, _State Register_, January
20, 1851.]

[Footnote 332: _Ibid._, January 20, 1851.]

[Footnote 333: Sanborn, Congressional Grants of Land in Aid of
Railways, Bulletin of the University of Wisconsin, pp. 27-30.]

[Footnote 334: Cutts, Constitutional and Party Questions, pp.
193-194.]

[Footnote 335: Douglas renewed his bill in the short session of
1848-1849, but did not secure action upon it.]

[Footnote