Year: 1859

/
rev construction upon his Kansas Nebrsha blla con
struetion 20 which the maority could not assent, and
which does vioete 70 the language OF the bill he had
not only opposed the English hl and thereby commit


tod himself TO favor any renewed application from
Kansas for admission at least 10 report al "enabng
act for its admission without regard 20 IFS population
but he had ayowed another opinion In which the majority
could not coincide He had said in substance In his Free
port speech that whatever the Supreme Court had de-


ded might decide, territorial legislature eonld iw'


fully exclude slavery by uniriendy legislation lie
had proceeded in his seyetai speeches from teeport TO
New Orleans point out the in which this legs


aton could be made operative for the purpose for which
he appeared desirous Of encouraging H. lie bad com.
pae il to legislation upon the subject of dry goods and
Of liquors saying n the merchant goes into Territory
with dry goods he may be met by Legislative enact
re snp the price Of license for selling SO high rs
to compel him 10 seek market elsewhere IL the liquor
dealer goes there with his stock, he may be met by
Maine law so stringent in its provisions 70 practically
prohibit his selling, lie appears to have forgotten IN
both these illustrations that nGwever hgh the ieehS


however Stringent the Maine law, TIC diy gpods aa


liquors he stif rfoperts, be taken into ae Territory
as such as such h5d Hers and used as such reclaimed
if stolen wherever found, and shs ros.sor or tbei
punished He had stated in his New Orlesfs spseoh
that slave property could be taxed so high by terdral
Legislature as practically exclude IT, This statement
was SO unfottynste In support of his theory OF ua-
friendly iegfsssoT' q; Tire ether illustrations TO
which ] have referred. tfe appears 10 have over
looked the fact that the Suprstse gotrt whose deci-
sions he PROCESSES TO sustain but tells i Illinois iree-
soil audience how 10 anul has decided that the object
of taxation is revenue not the exclusion or dctrucon
of property Had he stated that slavery could not be
pcriiiar,eittly established IN Territory nor excluded
from il in defiance of public opinion, and there rested his
case he would have uttered truism which few imas
ine would contradict But his opinion If correct would
permit the few who may to-day be sole nnHtants oi


Territory ard control its public opinion and legislaon


to enact laws practically to exclude that migration 10
IT, which, had IL been permitted It's regular unobstructcd
c.anne would tomorrow reverse lfo pnpority, reverse
public opinion end legislation The OF his opinion
consists ia its recognition OF the right of public opiion
to ell to its aid legislative enactcnts subvorslye OF the
constitutional rights of minority The n'eonty govern
wish us but within constitutional limits II II ssept
to exceed thos fnts the minority say TO it, through
the courts, s.thus fan Ifst thou go, but no iur-
| ther The Supreme Court has dectes t}at terri
torial legislature cannot prohibit slavery The eorrest
and force Of this decision Mr. Douglas Is not under
stood to question yet his ''unendly legislation theory
would permit the legislature, in violation OF known


iaxi 0f law TO DO that indirectly which they have not
the fight To do directly. Public opinion may be one
thing and its right to pfoorre legislative acts TO enforce


its policy ite another For example, public Opinion IN
our State seemed in 1854 to demand Maine law, and
the dominant party in Che legislature enacted IT, The
minority opposed it in advance as unconstitutional ana
after its passage appealed from the Legislators to the
courts and the law ann,lled The temperance fen
never committed greater bunder than in asking the
legislature to enforce their policy As soon as they did
so their cause from being Of public opinion Of NOR
ais as they called IT, became of constitutional law,
and when their law ar,uucd their cause was dead
The Kansas controversy in our lnty was commenced



l the niention of liis name has been unavoidable
because OF It's intimate coneSon with that controversy


there have been passages between but never can


look back to them with other than the most friendly feel
| itigs toward hm-the controversy comrfenced by
him. by his assang the President and bis friends j"
such haste did lie appear to attack the President annual


message that he scarcely drafted the reading OF it's last
sentences by the Secretary Of the Sests before springng
to the floor to announce his opposition TO t IN such
haste he that he commenced his assault upon 1t be-


fore he knew its contents For this we have his own ad
mssio in the opening OF his principal Kansas speech,


the next day after tbs message read he stated Us
will be by reference to that speech, that he had
carefully read the message the evening etous and that


it contained such recommendation relative 10 hansss
as he had supposed hearing ii hastily read at the Sec
retarys desk Then the incpient controversy should
have ended there, by this admission there was no
occasion for any issue between him and thc
| President The whole matter having by the latter
been submitted 20 the wisdom and discretion OF Con-
gress the only controversy which could arise relative
TO IT, to which the senator could be party would be be-


tween him and such members Of Congress as dissened
from his views and could properly arise even pe


tween them for weeks for the Kansas constitution
not then before Congress and could not be for nearly


month in that interval himself aud his political asso.
cates in Congress could as is customary take mutual
counsel and devise some plan of action satisfactory 10
him. TO the entire party and the country He appeared
apprehensve conciliatng and satisfactory plan
would be adopted if Le delayed his declaration of was
Had he not been predetermined to make an issue with
the administration and to the extent OF his ability Gre
ate dssensious In ranks where all then harmony
he would have permitted the interval before presentation


of the Kansas constitution be used in deyising
mutually satisfactory plan for meeting the question it
presented but, with such prcdetermnation, IL not
difficult to find reasons for carrying it out and mmed


aely after assuring at least senator that he should
say nothing which would create any difficulty, or to
which any democrat could take exceptions, sprang to his
feet and commenced his caseess unprovoked and unior
tunate warfare upon the President aud his friends dcnounc
ing them parties to cheat and swinde and when
those thus hemeyes he pronounces him
self prosecuted and amaryr 10 the of popular
sovereignty Ihave consumed more time than my
intention. What had designed brief has proved


discursve review of the late struggle in Congress and
the principles it involved With the recent result in Iii


nois, the immediate object attributed 10 the author of
all the mischief arising from that struggle has been at
tanned, and may not hope fora restoration Of that
harmony which has heretofore rendered nvinc-
bleg Ihope sincerely hope, there viii be occasion
for any further dscussion the Senate elsewhere of
Leconpton Lecompton but confess TO fears upon
the subject fear me the end is not yet but that,
emboldened by success the originator Of the sension will


throw OF the mask and lead to open scbism in
ranks Let not the initial in such scsn be taken by
any democrat willing TO stand by the usages organza
tion, and principles of his party. have heard anti
Lecompton or Douglas say they would not
vote for any administration democrat trust none of
the latter have said will the OF the former
No such distinction should be permitted TO exist among
those who remain within the party organization. 1t Will
only create the division which enemies desire
as their only hope of defeating us. The division
in New York in ls4s lost that Stats--per-
haps never to be fully regaincd. Mr., Hale, OF
New Hampshire, while protesting to be good demo-
crat in every other respect created division that State
upon the issue of the ucxaon Of Texas was elect


cd to the Senate on that issue forgot his professions