The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-03-30

rltOrlal Legislature mas the same power to
legislate in respect to slaves. that it has
in regard to any other property, to the
same extent, and no further 1.-THE Senator
wishes to know what power it has over
slaves in the territory, I answer, let him
tell me what power it has to legislate over
every other species of property, either by
encouragement or taxation, or in any 9TH
es mode. and he has my answer in regard
to slave property 3f E.a
But the senator says there is something
peculiar in slave property, requiring fur.
ther protection than any other species of
property. If SO, tits the misfortune of
those who own that species of property
He tells US that, if the territorial legislature
fails to pass slave code for the terrific
ries. fails to pass police regulations to
to protect slave property, the absence Of
such legislation practically excludes slave
property as effectually as constitutional
prohibition would exclude it. agree to
that proposition. @'.
He says furthermore, that it is compe-
tent for the territorial legislature, by the
exercise Of the taxing power, ind other
functions within the limits of the consti-
tuition, to adopt unfriendly legislation,
which practically drives slavery out of
the territory, agree to that proposition.
That is just what said, and all I said,
and just what I meant in my treeport
speech in Illinois, upon which there has
been SO much comment throughout the
country.
But the Senator says that while non-
action by the territorial legislature ex-
cludes slavery; and while the territorial
legislature may, within the limits of the
federal constitution, adopt such o system
of unfriendly legislation as in effect to ex-
clude slavery from its limits, yet it is wrong
for the legislature to pursue that policy
and, because the territorial legislature
ought not to adopt that line of policy, he
win not be content without such legisla-
ton, but will appeal to Congress, and de-
mand a Congressional code Of laws pro-
tecting slavery in the territories, in oppo-
sition to the wishes of the people. Well,
si:, his conclusion is logical one, unless
my position is right. All men must agree
that non- action by the territorial legisla-
ture is practical exclusion. If the people
of q territory want slavery. they will pro-
tect it by slave code If they do not
want slavery; if they believe it is not ne
cessary; if they are of the opinion tha,
their interests do not require it, or will be
prejudiced by it, they will not furnish the
necessary police regulations, usually cal
led slave code, for its protection.
!, The Senator from Mississippi says they
ought to pass such code; but he admits
that it is immaterial TO inquire wheths,
they ought or ought not to do it; for the,
do not want it they will not enact it; ant
ifthey do not do it there is no ,m3de b,
which you can compel them to do it. III
admits there is no compulsory means b,
which you can coerce the territorial legis
ture to pass such q law; and for that rea
he insists that, in case of non-actien b,
the territorial legislature, 1t is the righ
;, and duty of Southern Senators and Rep
resentatives to demand aft native actor
by Congress in the enactment of q slav
code for the territories. lie says tiat i
is not necessary to put the question to m
p whether would vote for Congresslona
slave code. He desires to know of q
other Northern Democrats what, they Wi
do, he does not wish an answer from me
am much obliged 10 him for taking
for granted, from my past record, that
never would vote for slave code in tn
territories by Congress, and have yeti
learn. thatthere is a man in a free Stat
of this Union, of any party, who would
II" MIR. Mason Will the Senator be kin
enough to explain what he me ans by.
slave code? 5iqas ai! Ltab 10 osgss 81
Mr.. Douglas. Yes sir. The Senate
from Mississippi defined livery well in hi
speech. HIS position was, that while tn
constitution gave him the right Of protee
tion in q territory for his slave property,
did not otofisselffurnish adequate protection
He drew Alright of distinction between th
right and the fact, and said that the pr
!, lection could only be furnished by legi!
5 lation could only come from one to tw
i sources-the territorial Legislature, or th
: Congress Of the United States. He wonl
! look to the territorial legislature in h
a first instance. .1iasIf he got sadequat
legislation there he1was content; but if tt
territorial Legislature failed to act, an
, fgive him that adequate Legislation, in Il
4 form Of what is commonly called sla,
3 code, such non -action was iequivaleI
d to denial Of his rights; and; losing b
e rights, it.was no consolation to himkth
0 he had been deprived of them by the mol
action of territorial legislature, ar
: hence he would demand of Congress a pa
s. sage of laws to protect his slaves, and
g punish men for running them of; to 10
a nish such remedies for the violation of h
6 rights as he Thought he was entitled q
Z from the territorial legislatures. He sa
J. he would demand this from Congress. :
& Mr. Brown. Because the territori
}. Legislature was the creature of CoEgres
Q Mr. Douglas. He further said
|. would base his demand on Congress
9 pass this slave code on the ground th