The concept in question refers to a political assertion regarding the authority of residents in a U.S. territory to prohibit slavery. This position, advanced during the period leading up to the Civil War, posited that even though the Supreme Court’s Dred Scott decision affirmed the legality of slavery in all territories, local populations could effectively prevent its establishment. This could be achieved by failing to enact laws and regulations necessary to protect and enforce slaveholder property rights. Without such local support, slavery would be unsustainable in practice. An example would be a territorial legislature refusing to pass laws regarding the capture and return of fugitive slaves, rendering slave ownership impractical.
The historical significance of this argument lies in its attempt to reconcile popular sovereigntythe idea that residents of a territory should decide on the issue of slavery themselveswith the Supreme Court’s ruling. This position was crucial in the political landscape, as it allowed politicians to appeal to both anti-slavery and pro-slavery factions, at least temporarily. It ultimately failed to resolve the national conflict over slavery, but it highlighted the deep divisions and complex legal and political debates of the time. It demonstrated the tension between federal law and local control in a society grappling with the morality and legality of human bondage.