The report compared the situation in New Mexico and Utah with the situation in Nebraska. In the first instance, many had argued that slavery had previously been prohibited under Mexican law just as it was prohibited in Nebraska under the Missouri Compromise. Just as the creation of New Mexico and Utah territories had not ruled on the validity of Mexican law on the acquired territory, the Nebraska bill was neither "affirming or repealing ... the Missouri act." In other words, popular sovereignty was being established by ignoring, rather than addressing, the problem presented by the Missouri Compromise.
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