n. Not only was it his last contribution to territorial
legislation, but it suggested a far-reaching change in our colonial
policy. It was the logical conclusion of popular sovereignty
practically applied.[934] Congress was invited to abdicate all but the
most meagre power in organizing new Territories. The task of framing
an organic act for the government of a Territory was to be left to a
convention chosen by adult male citizens who were in actual residence;
but this organic law must be republican in form, and in every way
subordinate to the Constitution and to all laws and treaties affecting
the Indians and the public lands. A Territory so organized was to be
admitted into the Union whenever its population should be equal to the
unit required for representation in the lower house of Congress. The
initiative in taking a preliminary census and calling a territorial
convention, was to be taken by the judge of the Federal court in the
Territory. The tutelage of the Federal government was thus to be
reduced to lowest terms.
Congress was to confine itself to general provisions applicable to all
Territories, leaving the formation of new Territories to the caprice
of the people in actual residence. This was a generous concession to
popular sovereignty; but even so, the paramount authority was still
vested in Congress. Congress, and not the people, was to designate the
bounds of the Territory; Congress was to pass judgment upon the
republicanism of the organic law, and a Federal judge was to set the
machinery of popular sovereignty in motion. Obviously the time had
passed when Congress would make so radical a departure from precedent.
Least of all were the Republican members disposed to weaken the hold
of the Federal government upon Territories where the question of
slavery might again become acute.
While the House was unwilling to vote for a submission of the
Crittenden propositions to a popular vote, it did propose an amendment
denying to Congress the power to interfere with the domestic
institutions of any State. Not being in any sense a concession, but
only an affirmation of a widely accepted principle, this amendment
passed the House easily enough. Yet in his role of compromiser,
Douglas made much of this vote. He called Senator Mason's attention to
two great facts--"startling, tremendous facts--that they [the
Republicans] have abandoned their aggressive policy in the Territories
and are willing to give guarantees in
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