In his encounter with Senator Green, who had succeeded him as chairman of the Committee on Territories, Douglas did not appear to good advantage.  It was easy to prove his first objection idle, as there was no slave property in northern New Mexico.  As for the other objectionable provisions, all—­by your leave!—­were to be found in the Washington Territory Act, which had passed through Douglas’s committee without comment.[929]

Douglas proposed a substitute for the Colorado bill, nevertheless, which, besides rectifying these errors,—­for such he still deemed them 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.