Year: 1859


that we should abide by whatever laws they
might make, provided they did not violate the
Constitution of the United States; and the Su
preme Court was the only tribunal that could de-
eide that question.


Now sir, stand on the Kansas Nebraska bill
as it was expOunded and understood at the time.
with this full power in the Territorial Legislature
with the right of appeal to the Supreme Court to
test the validity ofits laws, and noright whatever
to appeal to Congress 10 repeal them in the event
of our not liking them. | am ready to answer
the inquiry of the Senator from Mississippi. wbe.
ther, if believed the Maine liquor law to be nm.
constitutional and wrong, and ifa Territorial Leg
islature should pass it, would vote here to annul
II! tell him no. If the people of Kansas want
a Maine liquor law, let them hayeit If they do
not want it, let them refuse to pass it. Ifthcy do
pass it, and any citizen thinks that law violates
the Constitution, let him make a case and appeal
to the Supreme Court. If the court sustains the
objection the decision must stand until the pe0-
pie, who alone are to be affected by it, who alone
have an interest in it, may choose to repeal it. So
| say with reference to slavery Let the Terrific
aial Legislature pass Just such laws in regard to
slavery as they think they have right to enact
under the Constitution af 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 aggreved may ap-
peal to the Supreme Court, and ifthcy are consti-
tutional, they must stand; if they are uucOnSttu-
tional they are void That was the doctrine of
nOninterventOn, as it was understood at the time
the Kansas-Ne braska bill was passed. That is
the way il was explained and argued in the Sem
ate and in the House of Representatives, and be-
fore the country. 1t was distinctly understood
that Congress was never to intervene for or
against avery, or for or against any other inst-
tutipn in the Territories but leave the courts to
decide all constitutional questions as they might
arise, and the President to carry the decrees of
H., 3
his authority in executing the Judicial process let
him USE if necessary, the whole military force of
the country, as provided by existing laws,


l know that some gentlemen do not like the
doctrine of nOn-interventiun as well as they once
did 1t is now becoming fashionable to talk
sneeringly of f"your doctrine of non-interyenton ="
Sir, that doctrine has been a fundamental article
in the Democratic creed for years. 1t has been
repeated over and over again in every National
Democratic platform non-interventon by Con-
gress with slavery in the States and Territories
The Nebraska bill was predcated on that idea
the Territorial Legislature to have jurisdiction
over all rightful subjects of Legislation, not except
ing slavery, with no appeal to Congress. but a
right to appeal to the courts and the legislation
To be void if the Supreme Court said it was un-
constitutional; and valid no matter how obnox
ious, if the court said ii was constitutional. Let
me call attention to the language of the Kansas
Nebraska bill. Its fourteenth section provides:


"That the Constitution, and all laws of the Uni
ted States which are not locally inapplicable
shall have the same force and effect in the said
Territory of Nebraska, as elsewhere within the
United States, except the eighth section of the
act preparatory to the admission of Missouri in
to the Union approved March 6, 1920 which, be-
ing inconsistent with the principle Of non-nter-
vention by Congress with slavery in the States
and Territories, as recognized by the legislation
of $50, commonly called the Compromise mea-
sures, is hereby declared imperative and void !;
it being the true intent and meaning of this act
not to egislate slavery into any State or Terrific
ry, nor to exclude it therefrom, but to leave the
people thereof perfectly free to form and regulate
tn cir domestic institutions in their own way, sub
ject only to the Constitution of the United States"


Thus in the Nebraska bill, it is declared that
a Congressional enactment on the subject of sav
cry was Inconsistent with the principle of non
Intervention by Congress with slavery in the
States and Territories This same article of faith
has gone into the various Democ,atic platforms,
and especially into the Cincinnati PLATFORM
Every Democrat, therefore, is pledged by the
platform and the organization IT the party, a.
gaInst any Legislation Of Congress in the Terri
tories for or against slavery, no matter how OBJ
noxons the Territorial legislation may be- Ifit
is unconstitutional, you have your remedy go to
the court and test the question. II IS constitu-
tiOnal, you agreed that the people o. D Territory
may have it. l hold you to the agreement.


Mr.. CLAY-Will the Senator permit me to ask
him question


Mr. DOUGLAS Certainly, with great pleasure.


Mr. CLAY-I ask the Senator whether he be-
lie YES that citizen of the Southern States has
right to carry his slaves into the Territories under
the Constitution?


Mr.. DouGLAs-When the Senator gets through
with his question, will answer.


Mr.. CLAY-I should like the Senator to answer


Mr.. DouGLAs-I do not like this thing of re-
quiring categorical answers when the Senator who
puts the question holds the floor When he gets
through will give him an answer.


Mr.. Cay-If the Senator does not answer it,
will answer it. / think the citizen has that right
When am asked whence he derives the right
say from the Constitution. The Supreme Court
has so decided. Then, ! ask the Senator, if the
Constitution gives the right how can the Terri
tory deny it? and if the Territory pass law in
hibiting the introduction Of slaves there, where is
his redress? The Senator says, in the Supreme
Court. Suppose he takes slave there suppose
1t is stolen from him, and he brings an action for
its recovery, and the local court decides against
him. and he brings hls case to the Supreme Court
by appeal, and the Supreme Court decides that the
law inhbitng slavery is unconstitutional and
that he has right to hold the slave; what re-
dress is given to him if Congress will not secure
his rights? The result is just this: that if the
Senator be right the Constitution prevails in the
States, but not in the Territories; squatter SOW
eTeIgnty is superior to the Constitution.


Mr.. Douglass will answer the Senator's ques-
ton First do not hold that squatter s0ver-
eighty is superior to the Constitution. hold that
no such thing sovereign power attaches to
Territory while Territory. / hold that Terri
tory possesses whatever power it derives from the
Constitution under the organic act, and no more
| hold that all the power Territorial Legislature
possesses is derived frotn the Constitution and its
under the act of Congress and be
cause hold that, denied last year that the peo
pie Of Territory, without the consent of Congress



game law for that people denied the validity of
your Lec0mpton Constitution for the reason that
constitutions can only be made by sovereign pow
err and because the Territory was not a sover-
eighty, that was not a Constitution, but "A peti-
ton. But, sir, will not occupy time on that
question. The limit of the authority Of Terrific
rial Legislature is the organic act and the COust-
tuition and its amendments. The organic act Of
Kansas provides, in its sixth section;


"That the legislative power Of the Territory shall
extend to all rightful subjects of legislation CON
sistent with the Constitution Of the United States,
and the provisions of this act but no law shall be
passed interfering with the primary disposition Of
the sol" &c.


The whole Legislative power possessed by Com
gress over a Territory was by that act, conferred
ON the Territorial Legislature. There were eX-
ceptons on three points but slavery was not one
of the exceptions. ! say then, the intent was to
give to the Territorial Legislature all the power
that we possessed; all that could be gwen under
the Constitution; aud the understanding was,
that Congress would not interfere with whatever
Legislation they might enact


Now the Senator from Alabama asks me wheth-
er the Southern people, under the Constitution,
have not the right to carry their slaves there? |
answer, yes-the same right that you have to car
ry any other property. Then you ask, have they
not right to hold it there when they get it there?
l answer, the same right that you hy' to hold