Year: 1860

your borders; until the invading army shall have


been organized and drilled and placed in march


with view to the invasion but they must pass all


laws necessary and proper to insure protection and


domestic tranquility to each State and Territory of


this Union against invasion or hostilites from other


States and Territories.


Then, sir, hold that it is not only necessary to


use the military power when the actual case OF In


vasion shall occur, but to authorize the judicial
department of the Government to suppress all
spiracies and combinations in the several States
with intent to invade State or molest or disturb
its government its peace, citizens its property
its institutions. You must punish the conspiracy


the combination with intent do the act, and then
you will suppress it in advance. There is no prin-
cpe more familiar to the legal profession than
that wherever it is proper to declare act to be a
crime, it is proper to punish conspiracy or COM
bination with intent to perpetrate the act. Look
upon your statute books, and [ presume you will


find enactment to punish the counterfeiting of
the coin of the United States; and then another
section to punish man for having counterfeit coin


n his possession ,oM intent to pass it; and another
section to punish him for having the mods, or dies
instrument for counterfeitng ,cith intent to
them This is familiar principle in legislative
and judicial proceedings. IF the act of invasion


is criminal, the conspiracy to invade should also
be made criminal If it be unlawful and illegal to


invade State, and run off fugitive slaves, why
not make it unlawful to form conspiracies and
combinations in the several States with intent to
do the act? We have been told that notorious


man who has recently suffered death for his crimes
upon the eallows, boasted in Cleaveland Ohio, in
public lecture, year ago, that he had then
body of men employed in running away horses
from the shareholders of Missouri, and pointed to
livery stable in Cleaveland which was full of the
stolen horses at that time.


| think it is within out competency, and
sequently our duty, to pass law making every
conspiracy combination in any State Territory
of this Union to invade another with intent to
away property of any kind, whether it be negroes,
or horses, property of any other description in
to another State a crime, and punish the con-
sprators by Indictment in the United States courts
and confinement in the prisons penitentares of
the State or Territory where the conspiracy may
be formed and quelled. Sir, [ would carry these
provisions Of law far constitutional power
will reach | would make il a crime to form con-
spracies with view of invading States Ter
rtories to control elections, whether they be un-
der the garb Of Emgrant Aid Societies of New
England or Blue Lodges of Missouri. (Applause
in the galleries,) In other words, this provision
of the Constitution means more than the mere re-
pelling of an invasion when the invading army
shall reach the border of a State. The language
is it shall protect the State against nvasion; the
meaning of which is, to use the language of the
preamble to the Constitution, to insure to each
State domestic tranquility against external violence
There can be peace, there can be no prosperity,
there can be safety in any community, unless it
is secured against violence from abroad. Why,
sir, it has been question seriously mooted in
Europe, whether it not the duty of England,
a Power forei On to France, to pass laws to punish
conspracies in Eng gland against the lives of the
princes of France. l shall not argue the question
of comfy between foreign States. | predicate my
argument upon the Constitution by which we are
governed, and which we have to obey, and
demand that the Constitution be executed in good
faith SO as to punish and suppress every combina-
ton, every conspiracy either to invade State or
to modest its inhabitants to disturb its property,
or to subvert its government. | believe this can
be ef1ectually done by authorizing the United
States court in the several States to take jursdic
ton of the offence and punish the violation of the
law with appropriate punishments


1t cannot be said that the time has not yet arrv-
cd for such legislation. 1t cannot be said with
truth that the Harpers Ferry will not be
repeated or is not in danger of repetition. 1t is
only necessary to enquire into the causes which
produced the Harper's Ferry outrage, and ascer-
tain whether those causes are yet In active ope
ration, and then you determine whether there
Is any ground for apprehension that that invasion
will be repeated. Sir, what were the which
produced the narper's Ferry outrage? Without
stopping to adduce evidence in detail, [ have no
hesitation in expressing my firm and deliberate
conviction that the Harper's Ferry CRIME was the
natural logical inevitable result of the doctrines
and teachings of the Republican party, explain
ed and enforced in their platform, their partisan
presses, their pamphlets and books, and especially
in the speeches of their leaders in and out of Con-
gress. (Applause in the gallcries.)


Mr. Mason. trust that the order of the Senate
will be preserved. l am sure it is only necessary
to suggest 10 the Presiding Officer the indispens-
able necessity of preserving the order of the Senate
and give notice that, if it is disturbed again, |
shall insist upon the galleries being cleared entire
ly.


Mr. Douglas. Mr. President


The Vice President. The Senator will pause
for single moment. 1t is impossible for the
Chair to order without the concurrence of
the vast assembly in the galleries He trusts that
there will be occasion to make reference to
this subject again.


Mr. Douglas was remarkng that consider .
ed this outrage at the Harper's Ferry the logi-
cal, natural consequence of the teachings and
doctrines of the Republican party. | am not max
ing this statement for the purpose of elimination
or partisan effect. desire to call the attention
of members of that party to a reconsideration of
the doctrines which they are in the habit of en-
forcing with view to fair judgment whether
they do not lead directly to those consequences,
oE the part of those deluded persons who think
that all that they say is meant, in real earnest,
and ought to be carried out. The great principle
that underlies the Republican party is violent,
o;laobla otarpal uarfara upon he inSttu-