The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-03-17
THE WEEKLY PIONEER AND DEMOCRAT.

OSsootatf hnCtCSotVs - YSoo>Nt ~
this platform and the organization OF the
party, against any legislation Of Congress
in the Territories for or against slavery, no
matter bow obnoxious the Territorial legis-
lation may be. II it is unconstitutional you
have your remedy go 20 the court and test
the question. II it is constitutional, you
agreed that the people Of Q Territory may
have it. hold you TO the agreement.
Mr.. CLAY. Will the Senator permit me
to ask him question?
DOUGLAS. Certainly With great pleasure.
Mr.. Clay. | ask the Senator whether
he believes that citizen Of the Southern
States has . right to carry his slaves into
the Territories under the Constitution
Mr.. DoUGLAs. When the Senator gets
through with bis question, | will answer.
Mr.. CLAY. should like the Senator to
answer.
Mr.. DOUGLAS. do not like this thing
Of requiring categorical answers, when the
Senator who puts the question holds the
floor. When he gets through, will give
him an answer.
Mr.. CLAY. II the Senator does not an
swsr it, will answer it. think the citizen
has that right. When am asked whence
he derives the right, say from the cOnstitu-
tion. The Supreme Court has 80 decided.
Then, ask the Senator, if the constitution
gives the right, how can the Territory deny
it and il the Territory pass law inhibit-
ing the introduction of slaves there, where
is his redress The Senator says, iu the
Supreme Court. Suppose he takes slave
there /; suppose it is stolen from him, and be
brings an action for its recovery, and the To-
cal court decides against him, and be brings
his ease to the Supreme Court by appeal
and the Supreme Court decides that the law
inhibiting slavery is unconstitutional, and
that he has right 10 hold the slave what
redress is given to him if Congress will not
secure his rights? The result is just this !:
that if the Senator be right, the constitution
prevails in the States, but not in the Terri.
tories squatter sovereignty is superior to
the constitution.
Mr.. DouGLAs. will answer the Sena-
tors question. First, | do not hold that
squatter sovereignty is superior TO the Con-
stitution. hold that no such thing as SOW
ereign power attaches to Territory while
Territory. hold that Territory pos
sesses whatever power it derives from the
Constitution under the organic act, and no
more. hold that all the power Terrific.
rial Legislature possesses, is derived from
the Constitution and its amendments, under
the act Of Congress and because l bold
that, denied last year that the people of .
Territory, without the consent Of Congress,
could assemble at LecomptOn and create an
organic law for that people. denied the
validity Of your Lecempton Constitution,
for the reason that constitutions can only be
made by sovereign power and because the
Territory was not a sovereignty, that was
not constitution, but q petition. But,
sir, | will not occupy time on that question.
The limit Of the authority of Territorial
Legislature is the organic act and the Con
stituton and its amendments The organic
act Of Kansas provides, in its sixth section :
That the legislative power Of the Territory
shall extend to all rightful 81 jects Of legisla-
ton consistent with the Constitution Of the U nj
ted States. and the provisions Of this act but
no law shall be passed interfering with the pri.
mary disposition Of the soil, &c.
The whole legislative power possessed by
Congress over Territory was by that act
conferred on the Territorial Legislature.
There were exceptions on three points but
slavery was not one OF the exceptions.
say, then, the intent was 10 give to the Ter.
riterial Legislature all the power that We
possessed all that could be given under the
Constitution and the understanding was
that Congress would not interfere with
whatever legislation they might enact
Now, the Senator from Alabama, asks
whether the Southern people, under the
Constitution have not the right to carry
their slaves there: answer, yes-the same
right that you have to carry any other
property. Then you ask have they not q
right to bold it there when they get it there?
! answer, the same right that you have to
hold any other property, subject to such
local laws as the local Legislature may con.
stitutionslly enact. Can You have any other
property without law TO protect il No
Then can you hold slave property without
law to protect IL No, is the answer. Then
will Congress pass laws to protect other pro.
perty in the Territories, answer no. We
have created Territorial Legislatures for
that purpose. We agreed that the Govern
ment should not violate the principles OF
our hcVoiutloh' py luahlng laws IOr dis
tant people, regulating their domestic cop,
Germs, and affecting their rights OF property
without giving them u representation. The
doctrine that Congress is 10 regulate the
rights Of persons and property, and the do
nestle concerns Of a Territory, is the doc.
trine Of the Tories Of the Revolution. |, il
the doctrine Of George III aud Lord North
hs Minister Our fathers then said that
they would not consent that the British
Parliament should pass laws touching the
local and domestic concerns OF the colonies
the rights OF persons and property, the tam
lily relations of the people Of the colonies
without their consent. The Parliament Of
Great Britain said they had the power. We
said 10 them &" You may have the power
but YOU have not the moral right il i.
vlotatiys Of the great principles OF civil lilo
erty; yiolstve OF the rights OF al Hugllsh.
man not TO be affected in MS property with.
out his consent, as given through hi. repre-
a. IL.