Year: 1860

The President replies-I quoted his language,
and 1 will quote it again:


g am at loss to discover any provision in the
Constitutlon or laws OF the United States which
would authorize me to take steps for this pur-
pose; :. lThat Is, preserving the peace between


The President was unable to discover any
provision in the Constitution or in the laws of
the United States which would authorize him
to interfere After quoting that I stated:


This announcement produced profound i'm
preston upon the public mind especially in the
saveholding States. 1t was generally received
and regarded as an authoritative announcement
that the Constitution Of the United States confers
no power upon the Federal Government to pro-
tect the several States of this Union against inya
sion from the other States shall not stop to in
aalre whether the President meant to declare that
the existing laws confer no authority upon him
or that the Constitution empowers Compress to
enact no laws which would author ze the federal
lnterPosition to protect the States from invasion -


MY impression from reading the Presidents
letter was that he was inclined to the belief
that the constitution conferred no power upon
the Federal Government to interfere. That
was my impression from his language: but
still, it might be that such was not the presi
dent meaning, and that he only wished to he
understood as saying that existing laws con-
terred no authority upon him to interfere.
Hence, In order to make no issue with the
PRESIDENT upon that subject, stated. I shall
not stop TO inquire whether he meant to be
understood as denying the power of Congress
to confer authority, or denying that the au-
thorlty was yet conferred. NY simple object
was to obtain suitable legislation to redress
similar evils in the future; that if the present
laws were not sufficient believe there are
none on the subject-Congress ought to en-.
act suitable laws to the extent that the Con-
stltutlon authorized to prevent these inva-
slons; quoted it for the purpose of show
ing the necessity Of legislation by Congress
My argument was founded upon that sup
posed necessity. l proceeded to demonstrate
that the Constitution conferred the power
on Congress to pass laws necessary and
proper to protect the States, and called upon
congress to exercise that power. l made no
issue with the President. If he simply meant
to be understood as declaring that the existing
laws 40 not confer the authority, l concur with
him. If he wished to be understood when he
declared that he was at q loss to discover any
provision In the Constitution or laws of the
United States that conferred any such authori-
ty, that the Constitution did not authorize
congress to pass such laws, then should differ
with MIN; but carefully avoided putting any
construction upon his language as to his mean.
ing II 1t meant one thing, l differed with
him; II 1T meant the other, [ agreed with him.
but as my object was to demonstrate the ne
cessity for legislation, L confined myself to an
argument In favor of such legislation Now,
Sir, L respectfully submit that made no as
sault upon the President in connection with
that question; l had no such motive. as the
Senator seems to suppose, of partisan issue
between the President and myself have no
moro motive for that than the Senator has. or
than there is between the Senator and myself.
L think my remarks clearly show that |
was asking for practical legislation, simplv for
th ths purP2se OF executing plain provision of


But the Senator intimates that the legisla-
tion OF which l spoke would lead to an act of
usurpatiOn that would endanger the rights of
the States, and yet goes on to prove that the
President of the United States does not differ
with me in regard to that constitutional DOW
er. If the President agrees with me on that
point, am glad oft. If he differs with me-
1t would not change my opinion nor my ac-
tions but I respectfully submit, when 1 only
propose such legislation the Constitution
ithorizes and requires, it is hardly fair to say
that that means an attack upon the sovereign
ty of the States


er he proposes legislation which will authorize
the Executive to go into State to see whether
there is any combination of persons there with
intent to commit some illegal act.


Mr. Douglas.-The legislation that I pro-
pose on this point of combinations, which was
clearly explained in my speech, was this
that it shall be proper for the grand juries of





shall form cOnspiracies or combinations to in
wade a State or to disturb or modest its citi-
zens, property, or institutions and that it shall
be proper tor the petit jury in the United
States courts, under the Judge, to try and con-
vict the conspirators, and to punish them by
confinement in the penitentiaries or prisons
within the respective States where the con-
spiracieS or combinations are formed That
was the power that 1 proposed should be con-
ferred by law on the Federal courts. never
proposed to intrust to the President an armv to
20 and seek out conspiracies, to seek out com
binationS, and to punish them by military rule.
My whole argument was that the Federal courts
should have jurisdiction over these cOnspira-
cieS and combinations; that the conspirators
should be indicted, tried and convicted accord
ing to law, and punished to the extent of their
power. But in case of an organized body of
men, or military force in the act of invading
would confer authority to use military force
to the extent necessary to prevent that-not
the conspiracy.


Mr. Davis.-He has got that now.


MIR. Douglas.-Tne Senator says he has got
that power now. The President Of the United
States, l apprehend thought not, for this rea-
son: He said the only power he had was the
authority conferred by the two acts to which
he alluded, to wit: to protect the United States
against invasion from foreign powers and In
dian tribes; and he stated that the invasion of
one state from another state did not come
within the specifications of the statute for pro-
tecting the United States against foreign
powers and Indian tribes. If the Senator
thinks that that power is there when we get
the legislation before US it will be proper to
make amendments which will reach each OBJ
lection he may raise. The two propositions I
maintained in my argument, and those pro-
vided for in my resolution, were these first.
to protect each State against iavasion-the
case of actual invasion being then in process
Of execution; second, to make it criminal to
form conspiracies and combinations in any
State or Territory, or any place within the
United States, against the institutions, prop
erty, or government Of any other State or Ter
ritory Of this Union. Those were the propo-
sitiOns.


Mr.. Doolittle.-At that point L wish to ask
single question: whether it would also include
conspiracies to attack or to overturn the Gov
ernment Of the United States?


Mr.. Douglas-Conspiracie to attack or over
turn the United States. Certainly I would
indict any combination or conspiracy to sub
vert the United States.


Mr.. Doolittle.-I merely wish to understand
the Senator.