Daily national Democrat., 1860-10-10
Speech of Alexander II. Stephens.

N ''NNSV' He"ueu ny DouSlaS ana John
son, is one of the ablest of the many able
efforts of his life.
lie declares his conviction that Stepben A
Douglas is the regular nominee of the Demo-
cratic party, and goes on to prove it, 1t is
immateral to him. he says, whether Douglas
received 2l2 votes, or 1876, or 1871, or 154,
as has been variously contended. 1t is sufi-
eient for him that he received two-thirds of
the votes present in the Convention. Ac-
cording to all parliamentary rules of con-
struction, he received a two-thirds vote. The
Convention had adopted the rules of the
House Representatives, and always in the
House of Representatives, two.thirds vote
was considered a vote cf two-thirds of the
members present.
In regard to the objections of the Breckin-
ridge party against the regular nominee, he
says
The sum and substance Of their objections.
as | understand them, amounts to this. and
this only, that he Douglas refuses to de-
clare it to be the duty of Congress to do what
his assailants say they will not do them
selves. They say it is the duty of Congress
to protect slavery in the Territories and vet
say that they will never discharge this duty
| by voting for any such law. He refuses to
make any such declaration of duty never TO
be performed. This is about the whole diff.
ference between him and his assailants, for all
| practical purposes, so far as the question of
/ protection is concerned, about which we hear
so much. He says he does not believe it to
be his duty to do a certain thing, and, there
fore, will not do it. They say they believe
it to be their duty to do the same thing. but
without a therefore, or a wherefore, say they
will not do it.
With regard to Judge Douglass position
on the question of the power of a Territorial
legislature over the subject of slavery, he
quotes from his speech in the Senate, in Feb
1857, in reply to Senator Brown of Missis-
sppi, where he (Dougas) says:
"Thus far the Senator from Mississippi and
myself agree that slave property in the Ter
ritories stands on an equal footing with every
other species of property Now, the question
arises to what extent is property, slaves in
cluded, subject to the local law OF the Terri
tory2 Whatever power The Territorial legis.
lature has over other species of property, ex-
uCHuSl III NY JUuSlutHt, 10 lnc same extent,
and in like manner TO the slave property.
The Territorial legislature has 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 II the Senator
wishes TO know what power it has over slaves
in the Territories, | answer, let him tell me
what power it has to lcgislate ever every
other species of property, either by encour-
agement, or by taxation, or in any other
mode, and he has my answer in regard to
slave property.
"But the Senator says that there is some
thing peculiar in slave property requiring
further protection than other species Of prop.
erty. If so, it is the misfortune of those who
own that species of property. lie tells us
that if the Territorial legislature fails to pass
a slave code for the Territories, fails to pass
police regulations to protect slave property,
the absence of such legislation practically
excludes slave property as efiectually as a
constitutional prohibition would excnde it.
| agree to that proposition. lie says, fur
thermore, that it is competent for the Terri
torial legislature, by the exercise Of the tax
ing power, and other functions within the
limits Of the Constitution TO adopt unfriend-
ly legislation, which practically drives slav-
cry out of the Territories. | agree to that
proposition. 1ndb Is lUSJ what Sdlu, ana all
| said, and Just what meant by my Free
port speech in Illinois, upon which there has
been so much comment throughout the coun-
try"
Judge Douglas puts slave property upon
the same footing with any other species of
property, and wants no more Congressional
legislation for it than for any other kind of
property.
In relation to the exercise Of any controll-
ing power of Congress over property in the
Territories, Judge Douglas said, in reply to
Senator Brown:
81 am ready to answer the inquiry of the
Senator from Mississippi, whether, if be-
lieve the Maine liquor law to be unconstitu-
tional and wrong, and if Territorial legsla-
ture should pass it, would vote here to an
nul it? | tell him, no. Ifthe people of Kan
sas want Maine liquor law, let them have
it. If they do not want it, let them refuse
to pass it, Ifthey do pass it, and any citizen
thinks that law violates the Constitution, let
him make case and appeal to the Supreme
Court. If the Court sustains his objection
the law is void. If it overrules the objection
the decision must stand until the people, who
alone are to be affected by il, who alone have
an interest in it, may choose to repeal it. SO
| say with reference to slavery Let the
Territorial legislature pass just such laws in
regard to slavery as they think they have
right to enact under the Constitution of the
United States. If do not like those laws,
will not vote to repeal them; if you do not
like them, you must not vote to repeal them
but, anybody aggrieved may appeal to the
Supreme Court, and if they are constitution
al, they must stand; if they are unconstitu-
tional, they are void. That was the doctrine
of non-intervention, as it was understood at
the time the Kansas Nebraska Bill was
passed.
And this is the sum total Of that horrible
doctrine, about which the Breckenridge and
Disunion party are raising such a clamor.
We conclude our extracts from Mr.. Ste
phens's speech, with the following very
pointed and emphatic language:
The question am now presenting is not
what his (Douglas's) opinions are as to the
extent of the power of the Territorial legisla-
ture over slaves or other property, but that
he puts all upon the same footing and that
they have no more power over rights to
slaves than over other kinds Of rights of per-
son and property. Their powers oyer all
rightful subjects Of legislation, under the
Constitution, are the same, and to be left to
the Courts, and not to Congress. If he ever
uttered a sentiment different from those now
presented on this subject, in the many speech
es he has made upon upon it in the Senate, or
on the stump, have never met withit. The
other day at Saratoga, in New York, he used
II Ia