The Yazoo Democrat., 1859-09-10
sTEPHEN A. DOUGLAS AND SQUATTER
SOVEREIGNTY.

Extracts from The Great Debate in the u.
S. Senate 23d last February.
Mr.. Dagis. Will the Senator allow me
to ask him question:
Mr. Douglas. Certainly.
Mr.. Daois. | ask him whether, when
this decision was made BY the Supreme
Court, it was still TO be a subject to be dis
cussod, as to whether it was the duty of
Congress to protect constitutional right,
or not
Mr.. Douglas. When the court decides
on the validity of any territorial enactment,
its decision is Gnal, and there is an end to
that controversy. have answered that
question several times to-day.
Mr.. Ddyis. could not get an answer to
Nr. Douglas. I will try to give it to-
you again. Slaves, according to that decis-
ion, icing property, stand on an equal foot,
ins With all other property. There is just
as mu,h obligation on the part Of the terrific
rial legislature to protect slaves as every
ether species Of property, as there is to pro
tcct horses, cattle, dry goods, liquors, &c.
Ii they have right to discriminate as to the
one, they have as to the other, aRd whether
they have got the poEer Of discrimination or
Oat, Is for the court to decide, if any one
disputes it. In my opinion, under the tax,
ing power, Territory may discriminate as
well as State. I think they may, if they
wish to encourage the improvement Of blood
cattle, allow bloOded stock to be free from
taxation, and they may put heavy taxes on
the inferior breeds They may exempt
school property from taxation; they may
exempt Libraries from taxation. Nothing is
more common than to exempt such property
from texatiOn as in the estimation of the
people the public good requires. | do not
Know State in this Union that does not
discriminate between different species of
property in taxes. II there is no power of
Gscrlmlnation on other species of property,
'nere is none as to slaves. If there is a
power OF discrimination as TO other property,
ana think there is, then it applies to slave
property. In other words, slave property is
90 az eq4al footiag with all other property
10 my opinion, il the taxing power is exer>
ClSed against any one species Of property, it
may have tendency to drive it out. If,
C'eyond that, there is an absence of legisla
uOn such as would fail to give it efficient
protection, that does efectuaiiy exclude it..
= y IS my opinion that, without violating the
constitution, such a system Of legislation
may 30 devised as would effectually exclude
auy species of property that the Legislature
A''empts to exclude, whether it be horses,
~Iles Ises liquors, dry goods, slaves or cotton.
u gentlemen differ--lawyers may differ
" these points--the remedy is not by appeal
% OOpgress-the remedy is by appeal to the
supreme Court The Legislature exercises
pO.er IN the FIRST instance, according to
% 'u,f views Of their constitutional rights
M SSSOlect to an appeal to the Supreme Court
Saen the Legislature makes all laws that
" not violate the Constitution which they
suOOae su to make. That is my idea; and
.Ssl. 20 understood the bill ut the time
Sus l you go back to the debates, you viii
~ suu mat most Of US explained 1t that way a.
wv une It was passed. We did not pretend
Jgeolde the question whether the Territori
MI legislature had the power Or not to pro
~ JO's !, slayery5 but We did agree to give then
h" 'ne power we had, and if they exercised
T. Y such manner as to violate the consti
As; SsOnal rights Of any portion of the people
,ss'e ~ ! remedy Is to be found in an appeal y
" supreme Court and not to Congress.
MF' Davis. The Senator did not at las
answer ny question, 4.