The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-04-06
Great Debate IN the United States SEN
ate on Popular Sovereignty, Febru-
ary %, 1850.
SPEECH OF SENATOR DOUGLAS
CONCL LUDED.

CONCL UDED., ~+sa Aa'
| s.; -- ,i-gE.ct sii.q5
Mr.. Clay. Will the Senator permit
me to ask him question? "-.~ sf@a
Mr.. Douglas. Certainly, with pleas
ure. "-.'L as.
Mr. Clay. I ask the Senator whether
he believes that citizen of the southern
states has right to carry his slaves
into the territory under the constitu-
ton? 10 '--'ss zoos e-9 tiS'd
Mr.. Douglas When the Senator gets
through with his question. 1 will an.
swer If2eH 80 Z 1855
Mr.. Clay. 1 should like the Senator
to answer. "t. 1@+.a" ii2 lil
Mr.. Douglas. do not like this way
Of requiring categorical answers when
the Senator who puts the question holds
the floor. When he gets through I win
give him an answer. ~ 5'A5 .
Mr.. Clay. If the Senator does not
answer it, I will answer it. I think the
citizen has that right. When am ask
ed whence he derives that right, say
from The constitution. The Supre me
Court has so decided. Then ask the
Senator, if the constitution gives the
right. how can the territory deny it? and
if the territory pass law inhibiting the
Introduction of slaves there, where is his
redress? The Senator says, in the Su-
preme Court. Suppose he takes slave
there; suppose it is stolen from him, and
he brings an action for its recovery, and
the local court decides against him, and
he brings his case to the Supreme Court
by appeal, and the Supreme Court de-
cides that the law inhibiting slavery is
unconstitutional, and that he has right
to hold the slave. what redress is given
to him if Congress will not secure his
rights? The result is just this: that il
the Senator be right the constitution
prevails in the States, but not in the terri.
tories, squatter sovereignty is superior to
the constitution. y 10 sas7-sy e,r
Mr.. Douglas. will answer the Sen
ator's question. First, I do not hold thai
squatter sovereignty is superior to the
constitution. hold that no such thine
as sovereign power attaches to territory
while territory I hold that q terrific
ry possesses whatever power it derive.
5 from the constitution under the organi,
, act, and no more. I hold that all th'
3 power territorial legislature possesse
? is derived from the constitution and its
: amendments, under the act Of Congress
a and because I hold that, I denied las
e year that the people of q, territory, with
out the consent of Congress, could Assem-
BILE at L.ecompton and create an organi
: law for that people I denied the valid
n ity of your Lecompton constitution 70
/. the reason that constitutions can only b
e made by sovereign power; and becans
e the territory was not sovereignty tha
: was not constitution, but petition =
But sir, I will not occupy time on tina
: question. The limit Of the authority q
; territorial Legislature is the organic ac
d and the the constitution and its amend
n ments. The organic act of Kansas pre-
g vides, in its sixth section: =,
r. "That the legislative power Of the tel
e ritory shall extend to all rightful subject
d of legislation consistent with the con5t
r. tuition of the United States, and the pre-
). visions Of this act; but no law shall b
!. passed interfering with the primary dis
}. position of the SOIL" &c. : -.
o The whole legislative power possesse
+! BY Congress over territory was, b
u that act conferred on the territorial leg
= islature. There were exceptions on thre
s points; but slavery was not one of th
'e exceptions. say, then the intent wa
10 to give to the territorial legislature a
l. the power that we possessed; all tbs
d could be given under the constitution; an
!" the understanding was, that Congress
3 would not interfere with whatever legisls
le tion they might enact. +
Of Now, the Senator from Alabama ash
d me whether the Southern people, undt
y the constitution, have now the right t
:, carry their slaves there? i answer, syt
l.. --the same right that you have to carr
N any other property. Then you as1
le have they not a right to hold it the'
ie when they get it there? I answer, tt
le same right that you have to hold an
& other property, subject to such local Law
g. as the local legislature may constitution
IN ally enact. Can you hold any oth'
Z, property without law to protect it? N
D Then, can you hold slave properly will
n- out law to protect it? No, is the al
se swer. Then, will Congress pass laws
'e protect other property in the teryitorie.
se answer, no. We have created territ,
rial legislatures for. that purpose. "
7e agreed that this government should nj
ID violate the principle of our ReYolutio
in by making laws for distant people rel
s. ulating their domestic concerns, and o
n' fecting their rights of property, witho,
IN giving them representation. The do
trines that Congress is to regulate tt
rights of person and property, and Il
Id domestic concerns of Q territory, is Il
ir doctrine of the Tories of the Revolutio
er It is the doctrine of George III al
p Lord North, his minister. Gu. fathe