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
Stuvé, History of Illinois.]

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