A Territory when adopting a constitution preparatory to becoming a State would find it then in order to decide whether the proposed State should be free or slave.

This was the view held by Jefferson Davis and the extreme pro-slavery leaders.

Aided by the authority of the Supreme Court, they were prepared to insist upon a new plank in future Democratic platforms which should guarantee to all slave-owners equal rights in all Territories until they ceased to be Territories.

Over this issue the party again divided in 1860.
Republicans naturally imagined that there had been collusion between Democratic politicians and members of the Supreme Court.

Mr.Seward made an explicit statement to that effect, and affirmed that President Buchanan was admitted into the secret, alleging as proof a few words in his inaugural address referring to the decision soon to be delivered.
Nothing of the sort, however, was ever proven.