ing reached in caucus, the bill was under
constant fire on the floor of the Senate. The _Appeal of the
Independent Democrats_ had bitterly arraigned the declaratory part of
the Kansas-Nebraska bill, where the Missouri Compromise was said to
have been superseded and therefore inoperative. Even staunch Democrats
like Cass had taken exception to this phraseology, preferring to
declare the Missouri Compromise null and void in unequivocal terms. To
Douglas there was nothing ambiguous or misleading in the wording of
the clause. What was meant was this: the acts of 1850 rendered the
Missouri Compromise _inoperative_ in Utah and New Mexico; but so far
as the Missouri Compromise applied to territory not embraced in those
acts, it was _superseded_ by the great principle established in 1850.
"Superseded by" meant "inconsistent with" the compromise of 1850.[471]
The word "supersede," however, continued to cause offense. Cass read
from the dictionary to prove that the word had a more positive force
than Douglas gave to it. To supersede meant to set aside: he could
not bring himself to assent to this statement.[472]
By this time agreement had been reached in the caucus, so that Douglas
was quite willing to modify the phraseology of the bill. "We see,"
said he, "that the difference here is only a difference as to the
appropriate word to be used. We all agree in the principle which we
now propose to establish." As he was not satisfied with the phrases
suggested, he desired some time to consult with friends of the bill,
as to which word would best "carry out the idea which we are intending
to put into practical operation by this bill."[473]
On the following day, February 7th, Douglas reported, not merely "the
appropriate word," but an entirely new clause, the product of the
caucus deliberations.
The eighth section of the act preparatory to the admission of Missouri
into the Union is no longer said to be superseded, but "being
inconsistent with the principle of non-intervention by Congress with
slavery in the States and Territories, as recognized by the
legislation of 1850, (commonly called the Compromise Measures) is
hereby declared inoperative and void, it being the true intent and
meaning of this act not to legislate slavery into any Territory or
State, nor 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
|