to be,--proposed that the people of the Territory should elect their
own officers. He reminded the Senate that the Kansas-Nebraska bill had
been sharply criticised, because while professing to recognize popular
sovereignty, it had withheld this power. At that time, however, the
governor was also an Indian agent and a Federal officer; now, the two
functions were separated. He proposed that, henceforth, the President
and Senate should appoint only such officers as performed Federal
duties.[930] When Senator Wade suggested that Douglas had experienced
a conversion on this point, because he happened to be in opposition to
the incoming administration, which would appoint the new territorial
officers, Douglas referred to his utterances in the last session, as
proof of his disinterestedness in the matter.[931]

Even in his role of peace-maker, Douglas could not help remarking that
the bill contained not a word about slavery. "I am rejoiced," he said,
somewhat ironically, "to find that the two sides of the House,
representing the two sides of the 'irrepressible conflict,' find it
impossible when they get into power, to practically carry on the
government without coming to non-intervention, and saying nothing upon
the subject of slavery. Although they may not vote for my proposition,
the fact that they have to avow the principle upon which they have
fought me for years is the only one upon which they can possibly
agree, is conclusive evidence that I have been right in that
principle, and that they have been wrong in fighting me upon it."[932]

In the House the Colorado bill was amended by the excision of the
clause providing for appeals to the United States Supreme Court in all
cases involving title to slaves. Douglas promptly pointed out the
significance of this omission. The decisions of the territorial court
regarding slavery would now be final. The question of whether the
territorial legislature might, or might not, exclude slavery, would
now be decided by territorial judges who would be appointed by a
Republican President.[933] The Republicans now in control of the
Senate were eager to press their advantage. And Douglas had to
acquiesce. After all, the practical importance of the matter was not
great. No one anticipated that slavery ever would exist in these new
Territories.

The substitute which Douglas offered for the Colorado bill, and
subsequently for the other territorial bills, deserves more than a
passing allusio