The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1860-02-15

lit. Ii he differs with me, would not
change my opinions nor my actions; but
respectfully submit, when | only propose
such legislation as the constitution author.
ICES and requires, it is hardly fair to say that
that means an attack upon the sovereignty
of the states.
Mr.. Davis-I would ask the senator wheth-
er he proposes legislation which will author.
ize the executive to 60 into state to see
whether there is any combination Of per-
sons there with intent to commit some lille.
gal act.
Mr.. Douglas-The legislation that pro-
pose on this point of combinations, which
was clearly explained in my speech, was
this: that it shall be proper for the grand
juries Of the United ates courts to indict
all men who shall form conspiracies or CON-
binations to invade state or to disturb or
modest its citizens, property, or institutions;
and that it shall be proper for the petit jury
in the United States courts, under the
judge, 10 try and convict the conspirators,
and to punish them by confinement in the
penitentiaries or prisons within the respect
i've states where the conspirac;es or combi-
nations are formed. That was the power
that proposed should be conferred by law
on the federal courts. never proposed to
intrust 20 the president an army to 60 and
seek out conspiracies, to seek out combina-
tions, and to punish them by military rule.
My whole argument was that the federal
courts should have jurisdiction over these
conspiracics and combinations; that the
conspirstors should be indicted, and con-
vcted according to law, and punished to the
nvtn nf ttNnSSs n,,k ,c
organized body Of men, or a military force
in the act of invading, would confer au-
thority to use military force to the extent
necessary to prevent that-not the conspi-
racy.
Mr. Davis-He has got that now.
Mr. Donglas-The senator says he has
got that power now. The President of the
United States, apprehend thought not, for
this reason: He said the only power he had
got was the authority conferred by the two
acts to which he alluded, to-wit: to p1 otect
the United States against invasion from for
eign powers and Indian tribes; and he
stated that the invasion of one state from
another state did not come within the spec
itications of the statute for protecting the
United States against foreign powers and
Indian tribes. If the senator thinks that
that power is there, when we get the legis-
lation before US, it will be proper to make
amendments which will reach each objec-
tion he may raise. The two propositions
maintained in my argument, and those pro-
vided for in my resolution, were these: first,
| to protect each state against invasion-the
case Of actual invasion being then in process
of execution; second, to make it criminal
to form conspiracies and combinations in
any state or territory, or any place within
the United States, against the institutions,
property, or government Of any other state
or territory OF this Union. Those are the
propositions.
MIR. Doolittle-At that point wish to ask
single question whether it would also in
clude conspiracies to attack or overturn the
government o, the United States?
Mr.. Douglas-Conspiraci.s to attack or
oyerturn the United States? Certainly
would indict any combination or conspiracy
to subvert the United States.
Mr. Doolittle-I merely wish to under.
stand the senator.
Mr.. Douglas-Certainly would do it.
| believe in Furnishing, by law, crimes
against the government to the extent that
the constitution authorizes.
But the senator from Mississippi does not
not know what my object was in bringing
in my resolution. The resolution, upon its
face, states its objects-to protect the states
against invasion, and to furnish the legisla-
ton necessary for such protection, for the
reason that it is admitted there is no such
legislation now as authorizes such protec-
ton. Then, it is said, why send it to the
Judiciary committee, instead of the select
committee of investigation upon the Hsr-
per's Ferry invasion! lstated that the 9TH
er day in my speech. had understood, al.
though not in the senate at the time, that
the chairman of the select committee had
expressed doubt of the constitutional
power Of congress to provide such legisla-
ton. If select committee to inquire into
the facts had been constituted so as to leave
doubts Of the power,.l desired to send the
question to the judiciary committee, the
standing committee of this body, organized
and selected because Of its supposed legal
learning and its capacity to judge whether
or not the congress had that power be.
lieve the power exists believe it is clear
and want the judgment of the judiciary
committee, the regular committee of this
body, on that point and that is the reason
why proposed to refer it to the judiciary
committee. Ihave no objection, i. senators
prefer it, that it should 60 to the committee
on the Harper's Ferry outrage but clearly
| would rather have a report rom com
mittee that had not prejudged the question
before argument, whose chairman had moi
committed himself in debate, than one who
had done so. know the pride of opinion
Of gentlemen upon questions when they
may have expressed or intimated an opinion
without due reflection.
Mr.. Davis-With the permission of tn.
senator, he asserts what does not exist
The committee are not committed to any
opinion on the subject l do not think
there is member Of the committee who
has ever entertained doubt of the power
Of congress to legslate to prevent the inva
sion OF a state from any quarter. except Z
doubt expressed by the chairman, which
was when the subject was first brought up
am sorry that he is not here. If he were
here, think he would say he entertained
no doubts on that point.
MIR. Hunter-I think it was mere doub,
that he expressed.
Mr.. Davis-It was mere doubt, and
committed him to nothing.
! Mr.. Douglas-I am delighted to hear tina,
there IS not member Of the committee
who entertains doubt on this point.
Mr.. Davis-It was not necessary to tell it.
everybody knew it.
Mr.. Douglas Well, sir, that being the
case, if the power is clear, and there is not
doubt in the minds Of the senators about
the existence Of the power, certainly the in
timation that ! was going to subvert the
sovereignty Of the states, by. executing a
clearly granted power Of the constitution,
was entirely unnecessary.
Mr., Davis-That is an unfair inference.
Mr.. Douglas-My proposition simply il
to carry out that provision Of the constitu-