Popular sovereignty is a political doctrine that asserts that the authority of a state and its government is created and sustained by the consent of its people, typically through their elected representatives. In the context of deciding whether to allow slavery in a territory, popular sovereignty would mean that the inhabitants of that territory would have the right to determine for themselves whether to permit or prohibit slavery.
Here's how it would work in practice:
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Formation of a New Territory: As new territories were settled or acquired, the federal government would not impose a specific stance on slavery for those areas.
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Local Decision-Making: Instead, the government would allow the residents of that territory, upon reaching a certain population threshold, to hold a vote or some form of referendum to decide the issue of slavery. This could be done through a territorial legislature or a specific ballot measure.
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Voting Process: The residents would cast their votes on whether to allow slavery or to adopt laws that would ban it. A majority vote would determine the outcome—if the majority decided in favor of slavery, it would be legalized in that territory; if against, it would be prohibited.
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Potential Conflicts: This approach could lead to significant tensions and conflicts, particularly in the context of the sectional divides between free and slave states in the United States during the 19th century. For example, contentious elections could attract both pro-slavery and anti-slavery factions, and there could be violence surrounding the vote, as seen in "Bleeding Kansas."
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Legal Framework: The broader legal framework would be influenced by the Constitution and previous legislation, such as the Missouri Compromise and the Compromise of 1850, which aimed to balance the interests of slave and free states. However, proponents of popular sovereignty argued that local populations should directly exercise their rights to self-governance.
In summary, under the principle of popular sovereignty, the decision on whether to allow slavery in a territory would be made through a vote by the people living there, reflecting their collective will. However, this approach would also highlight the deep divisions within the country regarding the issue of slavery and could lead to significant social and political unrest.
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