The Life of Stephen A. Douglas [71]
possibly have the power to exclude it. Douglas could not claim more than this unless he could illustrate the philosophical problem of getting more out of a tub than it contained. Congress, having no power to prohibit slavery, was bound to see that it was fully enjoyed.
"I agree with my colleague," he continued, "that we are not, with our eyes open, to be cheated, and that we have no more respect for that man who seeks to evade the performance of a constitutional duty than for one who openly wars upon constitutional rights."
Mason, of Virginia, insisted that the Constitution construed by the Supreme Court denied Congress the power to exclude slavery form a Territory. Douglas admitted that the legislature derived all its power from Congress. Hence, he must admit that it had no power to interfere with slavery.
Green, of Missouri, the new chairman of the Committee on Territories, next attacked him. Slaves, he declared, were property, as decided by the Supreme Court. The Territories of Kansas and Nebraska could not, by either direct or indirect legislation, prohibit or abolish slavery; and if they should undertake to do either it would be the duty of Congress to interpose. The legislature had no more power, by direct or indirect means to prohibit the introduction of slaves than the introduction of horses or mules, and it was a dishonest subterfuge to say that it could be done.
"What is meant by unfriendly legislation? I had thought that rights of person and property were beyond the power of legislation. * * * There never was a legislative body in existence on the face of the globe that could justly take any right of person or property from a citizen without rendering a just compensation." He reminded the Senators that in 1857 Douglas had urged the interposition of Congress in Utah affairs, even to the extent of repealing the organic act, thus recognizing that Territories were mere dependencies of the Federal Government. Why this tenderness about Kansas? A Territory had no power except what was conferred by Congress. Douglas said that all legislative power not inconsistent with the Constitution, was conferred. But if the power to destroy any kind of property was conferred, it would be consistent with the Constitution and the grant would be void. If all power not inconsistent with the Constitution was conferred by the organic act, then the power to call the Lecompton Convention and draft a Constitution was conferred. "All the power the Territory has is derived from Congress and can be resumed at pleasure. The creature can never be equal to its creator."
Douglas said, that if the people of a Territory wanted slavery they would protect it. But suppose the majority did not want it? The Constitution still declared slaves to be property and forbade the majority to take away the property in a slave from a single individual. If they had no right to take it away, what right had they by unfriendly legislation to render it valueless? If a Territory persistently attempted to destroy a species of property protected by the Constitution, ought not Congress to intervene for the protection of the citizens?
Douglas replied to these deadly attacks. He reminded them that when they repealed the Missouri Compromise they had agreed to leave all these questions to the people of the Territories and the decision of the Supreme Court. This was the true Democratic doctrine. Davis and Mason had both said that no man holding his views could receive the support of the South for the Presidency. Yet this was the doctrine of Cass when candidate for President, but the whole South gave him their votes. When did this change of creed occur?
Davis answered briefly, regretting that Douglas had not denied or explained any of his Illinois speeches, and said he was now satisfied that he was as full of heresy as he once was of the true theory of popular sovereignty. He declared that this doctrine was "offensive to every idea of conservatism and sound government; a thing offensive to every idea of the supremacy of the laws of
"I agree with my colleague," he continued, "that we are not, with our eyes open, to be cheated, and that we have no more respect for that man who seeks to evade the performance of a constitutional duty than for one who openly wars upon constitutional rights."
Mason, of Virginia, insisted that the Constitution construed by the Supreme Court denied Congress the power to exclude slavery form a Territory. Douglas admitted that the legislature derived all its power from Congress. Hence, he must admit that it had no power to interfere with slavery.
Green, of Missouri, the new chairman of the Committee on Territories, next attacked him. Slaves, he declared, were property, as decided by the Supreme Court. The Territories of Kansas and Nebraska could not, by either direct or indirect legislation, prohibit or abolish slavery; and if they should undertake to do either it would be the duty of Congress to interpose. The legislature had no more power, by direct or indirect means to prohibit the introduction of slaves than the introduction of horses or mules, and it was a dishonest subterfuge to say that it could be done.
"What is meant by unfriendly legislation? I had thought that rights of person and property were beyond the power of legislation. * * * There never was a legislative body in existence on the face of the globe that could justly take any right of person or property from a citizen without rendering a just compensation." He reminded the Senators that in 1857 Douglas had urged the interposition of Congress in Utah affairs, even to the extent of repealing the organic act, thus recognizing that Territories were mere dependencies of the Federal Government. Why this tenderness about Kansas? A Territory had no power except what was conferred by Congress. Douglas said that all legislative power not inconsistent with the Constitution, was conferred. But if the power to destroy any kind of property was conferred, it would be consistent with the Constitution and the grant would be void. If all power not inconsistent with the Constitution was conferred by the organic act, then the power to call the Lecompton Convention and draft a Constitution was conferred. "All the power the Territory has is derived from Congress and can be resumed at pleasure. The creature can never be equal to its creator."
Douglas said, that if the people of a Territory wanted slavery they would protect it. But suppose the majority did not want it? The Constitution still declared slaves to be property and forbade the majority to take away the property in a slave from a single individual. If they had no right to take it away, what right had they by unfriendly legislation to render it valueless? If a Territory persistently attempted to destroy a species of property protected by the Constitution, ought not Congress to intervene for the protection of the citizens?
Douglas replied to these deadly attacks. He reminded them that when they repealed the Missouri Compromise they had agreed to leave all these questions to the people of the Territories and the decision of the Supreme Court. This was the true Democratic doctrine. Davis and Mason had both said that no man holding his views could receive the support of the South for the Presidency. Yet this was the doctrine of Cass when candidate for President, but the whole South gave him their votes. When did this change of creed occur?
Davis answered briefly, regretting that Douglas had not denied or explained any of his Illinois speeches, and said he was now satisfied that he was as full of heresy as he once was of the true theory of popular sovereignty. He declared that this doctrine was "offensive to every idea of conservatism and sound government; a thing offensive to every idea of the supremacy of the laws of