Year: 1859

he content but Ii the Territorial Legislature fail
ed TO act and give him that adequate legislation in the
form OF what Is commonly called slave code, such
on-action equivalent to H denial Of his rights
and loing his rights was no consolation to him that
he had been deprived Of them by the non-action OF
Territorial Legislature; and hence he would demand
OF Congress the passage Of laws to protect his slaves
and to punish men for running them of to furnish
such remedies for the violation Of his rights as he
thought he entitled to from the Territorial Legisla
ture. lie said he would demand this from Congress.


Mr.. BROWN-Because the Territorial Legislature
was the creature OF Congress.


Mr.. DOUGLAS-lTe further said that he would base
his demand Congress to pass this slave code on the
ground that the Territorial Legislature the
ture Of Congress and if it did not do its duty Con-
gress should pass such laws necessary to protect
slave property in the Territ ories


Mr. GkEEN-Will the Senator permit mo to ask him
. single question:


Mr.. DOUGLAs--Csrsainly.


Mr.. GREEN-If a law merely providing protection
il to be called save code, then, ask, larceny, in
general terms, punished by the Territorial law,
and the Legislature uld except the larceny Of slaves
would he say he would submit to that at the option Of
the Legislatnrc2


Mr.. DOuGLAS-Iti il immatcrial to me whether you
eaiths gisiation slave code, or by any other name


will call Il by any name the senator chooses. With
to be understood however, and to such language
as conveys the idea take the language OF the SEN
| ator from Mississippi If that is satisfactory.


All have to say the point presented by the Sen
ator from Missouri is this while constitution does
not provide remedies for stealing negroes does not
provide remedies for stealing drygoods or horses or
any other species of property You cannot protect
any property the territories without laws furnishing
remedies for ITS violation, and penalties for its abuse
Nobody pretends that you going t. pass laws OF
Congress making criminal code for the territories
with reference to other species Of property The Con-
gross Of the United States yet passed act
creating criminal code for any organized territory
1t simply organizes the territory, and leaves its leg


laturc make its own CT mnal code Congress never
passed law to protect any species of property i'll the
organized territories 1t leaves its protection to the
territorial legislatures. The question is, whether
shalt make exception "a to slavery? The supreme
Court makes such distinction. 1t recognizes slaves
property. When they are taken to territory, they
are on equal footing with other property, and de-
pendent upon the sans system vi legislation, Tor pro-


ecction, other property While all other property


dependent on the territorial legislation for protection,


hold that slave property must Look to tho same au-
| thority for its protection.


| Mr. GKEEN-The Senator will permit to say that
think he does not understand the point presented,
and therefore desire to present 1t more explicitly


The Supreme Court having decided that slaves cont
tute property, If territory. authorized by Congress
legis for ITSELF should pass law Furnishing lar
csny Of all property except slaves would that make
slaves equal to other property in the territory? or
would it not be a violation Of the constitution
Mr.. DOUGLAS-If the Senator cannot un-
derstand my answ to that question by what
have said, and the train of my Argument, it it
useless for me to discnss ii further. l say thas
leave all kinds OF property, slaves included,
to the local law for protection and that will
| not exert the power of Congress to interfere
with the local law with the reference to slave
|
the people think that particular laws on the
subject Of property are beneficial to their nte-
rests they will enact them. If they do not
think such laws are wise, they will refrain from
enacting them. They will protect slaves there


provided they want slavery and they will
| want slavery, if the climate be such that the


white man cannot cultivate the soil, SO as tc
render negro compulsory labor necessary
Hence, it becomes question OF climate, OF pro.
duction, Of self,interest. and not a question OF


legislation, whether slavery shall Or shall not


exist there.


But the Senator from Mississippi says he ha,


right to protection. The owner OF every


other species of property may say he has


right to protection. The man dealing in liquo


may think that. inasmuch as his stock Of Ii


quors is property, lie has right 10 protection


The man dealing in an inferior breed of cattl


may think he has right 10 protection bu


the people Of the territory may think it il


their interest to improve the breed Of stock by
hence they may * higher rate W II saratior


on the one than ON the other. 7


Mr.. BROWN-The Senator from Illinois


now makes point which enables me to Illus.


trate what mean. hold that the territorial


legislature of kansas-that being the territor,


Immediately involved in this queston-has nj


right TO enact the Maine Liquor Law. Tha


ia an act Of sovereignty. 1t has the right te


say that liquor carried into the territory shal


be 30 used as that they shall not corrupt The


public morals nor endanger the public safety
but the power of prohibition does not belong t.
a territorial legislature. So l say in reference
to slave property. As l said in my opening
remarks this morning, while l demand justice
will do Justice. hold that a territorial lie.


gislature has the right to regulate the relation
between master and slave in such Il manner
/ that the master shall not permit the slave te


endanger the public safety or corrupt the pub.


lie morals, That is what ! mean by the pow
4 er TO regulate and not seeing the point al


which a court could intervene and arrest this


power if it were abused, said it never would


or rarely ever, present case which We could
get bel lore the court and upon which we cOull
j demaLd its judgement. BY this I understood
the Senator from Illinois to mean untriendly


legislation that in the exercise Of its power tO
regulate the relation between master and slave
it could act with such severity as cffectually to
exclude slavery as though it were constituti.
onal Inhibition. This is what meant


/ Mr.. DOUGLAS.-I am willing to test this


question by the illustration the Senator present.
Of Maine liquor law. shall not stop to in.
quire whether the Maine liquor law is constitu
tional or not first, because Congress is not the
tribunal to decide it; and dsecondly, because, by
=
sippi and myself both stand pledged, as the rule


for our political action, it is provided that tha,
question shall he sent to the court to test the
consti,utionaliiy Of the law, and we shall moi
come to Congress to repeat the law. When the
Nebraska bill was first pending in the Senate
it contained the old clause that the Territorial
laws should be sent here. and. if disapproved by


Congress, should be void. The discussion pro
ceeded on the basis that We were comforting the


whole power OF legislation ON the Territory


subject only 10 the constitution of the United
States, with the right in the Territorial Legis.


lature "to form and regulate their domestic in
! stitutions in their own way - and that il any


man WAS aggrieved by such Legislation, he


should have right to appeal to the Supreme


Court of the United States to test its validity
but should not come 10 Congress to repeal tn.
!. obnoxious law. When that argument wa
made, a distinguished Senator from Ohio, no


pow here, (Mr. Chase,) asked US Why we KEEP
that clause in the bill requiring the laws Of tht
Territory to be sent here for approval or disap


prevail We could not answer the inquiry
) and hence we struck out the provision requiring
the Tenitoriol laws to be sent here for apprO
val or disapIroval, upon the avowed ground a
the time that the Territorial Legislature nigh
pass just such laws as they wanted with the righ
to a peal by any one aggrieved to the Supreme
Court 10 test their constiutionality, but not tt
Congress to annnl Them.


; undertake to say that this was the distinc
understanding among the northern and south
ern democrats at that time, and among all tht
friends Of the Kansas-Nebraska bill. 1t wa
! agreed that. while we might differ as to the ex


tent Of the power Of the territorial Legislature
on these questions, We would make full gran


of legislative authority to the legislature Of th,


territory, with the right to pass such law as they
chose, and the right Of anybody to appeal t
the court to decide upon the validity End con
! sttutionality Of such laws. but not to come q
, !, Congress for their anulment. Hence. if thu
territorial legislature should pass the Main.
liquor law. and anybody was dissatisfied witt
the provisions of that act. and thought it viola
ted his constitutional right, be could not com.