The Yazoo Democrat., 1859-09-10
!. Mr.. Douglas. Put, it and will answer

euo supreme Court to be q constitutional
rlgnt' ne then would give that right the
protection Of congressional legislation The
senator goes on to argue, at great length.
as to the power of taxation and discrimina.
1lon u between the different kinds of property.
lie argues all the time for exemption and
protection. That is not the point T am
touching at all. 1t was, whether the in.
habltants of territory could, by their leg.
IS lslatlon, deprive other joint owners Of the
Territory OF the right to enjoy it and when
the supreme Court pronounces their cction
unconstitutional, whether, then, we could
rely upon those who stood with him to sub.
init this question to the Supreme Court to
come forward and honestly maintain the
right which the Supreme Court had afirmed2
Mr.. Douglas. | will answer the Senator
am willing, for tho purposes of this argus
ment, to assume that the decision of the
Supreme Court goes to the extent Of the
expression Of opinion by Chief Justice Taney,
that Congress could not prohibit man
from going intoa Territory with slave
and, therefore, that the Territorial Legisla,
ture could not prohibit his coming in +; in
other words, according to that do,trine, the
right OF entry is clear the same as all other
property; and you have the same right to
hold them as other property, subject to such
local laws as the Legislature may constitu.
tionahy enact. If those laws render it
lmpracticable to hold your property, whether
1t be your horse or your slave, why, it is
your misfortune; but you are on an equality
with others, and you hold him subject to
such local laws as may be constitutionally
made. When the Supreme Court shall de.
eide upon constitutionality of the local laws,
am prepared to abide by the decision,
whatever it may be, and have it executed in
good faith, as in all other cases.
Mr.. Davis. | do not ask for the discrim.
ination on which the Senator is wasting his
strength. | say the obligation is upon Con.
gress, as the trustee of the owners of the
Territory. to protect the citizen who goes to
this joint property, in person and property
and that, if the Territorial Legislature does
not protect him in bis mules, it is The duty
of Congress to compel that Territorial Leg.
lslature to perform IT'S proper function, or to
enact the laws which are nee1fu in the
premises.
Mr.. Douglas. Well, IN hat point, the
Senator and differ If the Territorial Leg
isature will not pass such laws as will en-
courage mules, | will not force them to have
them.
Mr.. Davis. That is not the question, be-
cause the Senator constantly goes to the
position of people holding territory as
their own and administering it. am con.
sidering the question Of territory belong.
ing to State where there may be but one
hundred inhabitants, who win band together
to exclude all joint owners of the property
by such laws as will not allow them to come
in; when this is the property of the people
of the State, and Congress is the trustee Of
the people of the State, l say that Congress
is bound, in every form in which it can be
considered, to see that the joint owners Of
the property, who have intrusted it to theil
safe keeping, shall have the full and adequate
protection which is necessary to its enjoy
ment
After some further debate of the question
by Mr.. Douglas, Mr. Broderick obtained thC
floor
Mr. Davis. The Senator did not answer
my question.
Mr.. Douglas will answer it right here
| will not vote to intervene by law of any
kind by Congress.
Mr.. Stuart, l call the Senators to order
the Senator from California has the floor.
Mr.. Davis. l was not aware of it.
will, of course, yield.
Mr. Broderick. ] will yield to you, sir
with the understanding that it be given tt
me again.
Mr.. Davis. 7 shall be very brief. Til,
Senator from Illinois did not answer m.
question.
Mr.. Douglas. Trepeat, 1 will vote agains
any law by Congress attempting to interfer'
with regulation made by the Territories
with respect to any kind of property what
ever, whether horses, mules, negroes, o.
anything else.
Mr.. Davis. Then, as l understand tn
Senator, if he intended to answer me at all
lit is that he offers to us the proposition tha
the constitutional rights shall be submitted
to the Supreme Court, and now announce
that, whatever may be the decision of tn
Supreme Court he will not legislate for tn
protection Of the rights thus guaranteed
AS be would not answer my question, nov
answer his have never claimed that tn
people of Territory, il he will so call them
we're to legislate for the benefit of the peopl
in the States; but l have claimed that the
have no right so to legslate as to approprl
ate to themselves the public domain, becaus
they occupy small part Of it, and excud
other citizens from coming there to equal
enjoy it. l claim that the foreigners whi
under the mad legislation Of Congress, hav
been invited to seize upon our public do
main, and who have congregated with o
their false notions in Utah, have no righ
now, by their laws, to exclude a citl
!, zen Of the United States ip that Terrific
!. nv. If that Territory had been desirable
the question is one which long since woul
have been made. Otherwise, | hold ths
the few Canadians who lived in the Stat
, which the Senator represents, at very earl
) period, had no right to proclaim tnemseiv'
, the sovereign possessors OF the Ierrltof.
and to exclude the people Of the Unite
c,otes from aiming 10 euioy its fcrlle PLAIN