Year: 1859

Mr. DOUGLAS-If no 9th er northern democrat de-
're. to be heard On the points by the sena-
tor from Mississippi, feel it incumbent on me to ray
something in yndicaon OF my own position, reluctant
as occupy time at this stage of the session, in


discussion of this question. admire the frank ness,
candor and dircctness with which that ap
preached this question. No man him, none
will suspect him. of desire to cheat to be cheat
ed - and hope that shall be able to put my opin-
ions on the record in manner shat will acqut me OF
the slightest suspicion OF desiring to cheat to be
cheated To certain point, that Senator and myself
agree. Then there comes divergence. which grows
WIDER and wider the further travel We agree that
under the decision OF the Supreme Court Of the United
States, slaves property standing equal foot
the owner slave has the right enigrate to


territory, and carry his slave property with him,
the OF any other species Of property has to move
there, and carry his properly with him.


Mr. DOOLITTLE-Wilit the honorable Senator allow


MIR DOUGLAs-I am replying to the Senator from


Mississippi now, and would prefer, therefore to so
MIR. DOOLlTTLE-I wish to put question to the
honorable Senator from Illinois, on that point.


Mr.. DOUGLAS-I desire to deal with this point now.
At another time the Senator present his point
The right Of transit to and nom the territories is the
tor species Of property as il is for all others.
Thus far the Senator from Mississippi and myself agree.
that slave property in the er orss stand an equal
footing with every other species Of property Now
question aiises, what extent Is property, slaves
cluded subject the local law OF the territory What
power the territorial legislature has other
species Of property, extends in my judgment, to the
extent and in like manner, the slave property
The leglS8t the power
late in respect to slaves that has in regard to sny
other property to the extent, and no further


If the Senator wishes to know what power it has
slaves the territories, answer let him tell what
power it has to leglate every other species o
property, either by encouragement or taxation, in
any other mode, and tie has MY answer in regard to
slave property.


But the Senator says that there is something peculiar
in slave property, requiring further protection than
other species OF property Hss, Is the misfortune o
those who own that species property. He tells
hat fhs fAil tn
code for the territories. fails to pass police regulations
protect slave property the absence vi such egsla
as a constitutional prohibition would exclude it.
agree to that proposition. lie says, furthermore that


is competent tor the territorial legislature, by the
OF the taxing power aud other functions within
the limits Of the constitution, to adopt unirendy leg
slatiOn which practically drives slavery out OF the
ritory. agree to that proposition. That Is just whs,
said and all said, and just what meant by may
Freeport speech, in Illinois, upon which there has beer
| so much comment throughout the country
But the Senator says that while nonaction by the
territorial legislature eA cludes slavery aad while the
territorial legislature may, within system OF unfrend
legislation n effect to exclude slavery from IT.
limits, yet it Is wrong Tor the legislature to pursue tha
not sdop. that line Of policy, he will not be content
with such legislation but will appeal congress,
demand congressional code Of laws protecting SLAYER,
in the territories in opposition to the wishes OF the peo
ple Well, sir his conclusion is logical one, unless
| my position is right All men must agree that non
by the territorial legislature is practical eAclu
slcHs ~ Pcopie VI teLtit"y wdut tAcy
will protect il by slave code. II they don't wah
slavery if they believe it is not necessary II they
OF opinion that their interests do not require it, Of
will be prejudiced by it, they will not furnish The
sary remedies and police regulations, usually called
| slave code, tor its protection.


The senator FROM Mississippi says they ought to pas
such code but he admits that it is inlmaterial to
inquire whether they ought ought not to do it, fol
II they do not want IL, they will not enact it and
they do not do il, there Is mode by which you
compel them to do It. He admits there is no compul
sorry means by which you can coerce the Territorial
Legislature to pass such law and for that h,
insists that i'll of action by the Territorial
Legislature it is the right and duty OF southern Seua


tors to demand affirmative actor
by Congress in the enactment Of slave code for thu
Territories. lie says that ID il not necessary to put
| the question to me. whether would vote for Con
gressional slave code. lie desires know Of all othe
| nothern democrats what they will do he does moi
| wish answer from me. am much obliged to hin
tor taking tor granted, from my past record that
would vote Tor slave cose in the Territories BY
Congress and have yet to learn that there is mar


free State Of this Union Of any party, who would
| Mr. MAsON-WIl the Senator be Kind enough Il
| explain what he means by siase code!


| Mr. DUUGLAS-fes, Fir. The Senator from Misss
| Ippi dehGed it very we'll IN his speech. Ills position
vas that while the Constitution gave him tie right o


rot econ territory his siave property, II dis
! aot, OF i.se, furnish adequate protection. lie drew


di tnctiou the night and the tact, and saiS


hat the protection could only be turn he'd BY legsa


ion that eg lation could only come from one oi tw'


ources--ths Territorial Legislature or the Congress
| the United states.


lie would look to the Territorial Lsgsla lure in tn