Presidential Candidates:. David W. Bartlett
would have lost his election by thousands of votes.
We now come to still later issues – to the discussion between Mr. Douglas and his southern enemies, in the last session of the thirty-fifth Congress – the present year – upon Congressional intervention in favor of slavery. This great debate took place Feb. 23, 1859, in the Senate, and looked like a preconcerted attack upon Mr. Douglas by some of his southern opponents. We have not the space for the official report of the debate, and will endeavor faithfully to abridge it. The debate opened on an amendment by Senator Hale to the Appropriation bill before the Senate to repeal the restrictive clause of the Kansas Admission act. This amendment was offered the day previous, and the debate took an unexpected turn upon it.
Mr. Seward, of New York, said Congress had decided that Kansas should come in with the Lecompton Constitution, without reference to population; but, on the other hand, should not come in outside of the Lecompton Constitution unless she had 92,400 population. There was, therefore, a discrimination by the Congress of the United States, as against freedom, in favor of slavery. Oregon, because she was a Democratic State, was admitted without reference to population, and Kansas, because of her different politics, was excluded. He was glad of this occasion to renew his vote. He was glad, also, to hear that so many gentlemen on the other side will give Kansas a fair hearing. It indicates that the time is coming when any State applying for admission will be heard on its merits, apart from all other considerations. He thought it goes to show that if Texas should be divided, or free States, as he thought they would, be formed in Mexico, they will come in as free States.
Mr. Brown, of Mississippi, made a strong southern speech.
He held to the doctrine of State rights; denied the squatter sovereignty of territories; and threatened secession, with banners flying, if the South was deprived of her rights. His address was directed to northern Democrats. He placed his views frankly on record, and desired neither to cheat nor be cheated.
Mr. Douglas felt it incumbent on him, as a northern Democrat, to make a reply. He admired the frankness, candor, and directness with which Mr. Brown had approached the question. He (Douglas), too, would put his opinions on record in such a manner as will acquit him of a desire to cheat or be cheated. He agreed at the outset with Mr. Brown, and with the decision of the Supreme Court, that slaves are property, and that their owners have a right to carry them into the territories as any other property. Having the right of transit into the territory, the question arises, how far does the power of the territorial legislature extend to slave property? And the reply is, to the same extent, and no further, than to any other description of property. Mr. Brown has said that slave property needs more protection than any other description. If so, it is the misfortune of the owners of that kind of property. Mr. Douglas's remarks, from the frequent interruptions, assumed so much the form of question and reply, and running comments on the various issues started, that we can only notice the salient points of the main discussion, which extended throughout many hours, he sustaining the principal part. His general scope was, that he would leave all descriptions of property, slaves included, to the operation of the local law, and would not have Congress interfere in any way therewith. If the people of the territory want slavery there, they will foster and encourage it, and if they do not find it for their advantage, they will do otherwise. So it becomes a question of soil, climate, production, etc. He illustrated by saying, that if any discrimination is to be made in any description of property, the owner of stock, or liquors, or any other, might claim it likewise.
After some other illustrations, he went into discussion of the Kansas-Nebraska bill, which, he said, was passed by a distinct understanding between northern and southern Democrats, however differing on some points, to give to the territorial legislature the full power, with appeal to the Supreme Court, to test the constitutionality of any law, but not to Congress to repeal it. If the court decides such law to be constitutional, it must stand; if not, it must fall to the ground, without action of Congress. That doctrine of non-intervention by Congress with slavery in the States and territories, has been a fundamental principle of the Democratic platform, and every Democrat is pledged to it by the Cincinnati platform. Here Mr. Douglas, in reply to a question by Mr. Clay (who also made the remark that, according to Mr. Douglas's interpretation, squatter sovereignty is superior to the Constitution), said that the limit of territorial legislation is the organic act and the Constitution. In reply to Mr. Clay's question, "Can a slaveholder take his slave property into the territory?" he would reply, Yes; and hold it as other property. To the question, "Will Congress pass a law to protect other kinds of property in the territories?" he would answer, No; for the doctrine that Congress is to legislate on property and persons without representation, is the doctrine of the parliament of George III., that brought on the Revolutionary war. We said then it was a violation of the rights of power to assume to legislate for Englishmen without their consent. Now, was he (Mr. Douglas) to be called on to force this same odious doctrine on the people of the territories without their consent? He answered, No; let them govern themselves. If they make good laws, let them enjoy the blessings; if bad, let them suffer until they are repealed. Referring to the great battles fought and gained in 1854 and 1856, he said he would like to know how many votes Mr. Buchanan would have got in Pennsylvania or Ohio, if he had then understood the doctrine of popular sovereignty as he claims to do now.
Mr. Bigler asked how many votes Mr. Buchanan would have received in 1856, had the senator from Illinois and those who acted with him told the people that the Kansas act was not intended to extend to the territories the sacred right of self-government, but simply to give the people the right to petition for redress of grievances – a right not denied to any citizen, white or black?
Mr. Douglas said that there are no colored citizens, and he trusted in God there never would be. He did not recognize the black brothers.
Mr. Bigler knew that as well as the senator, and should have said inhabitants.
Mr. Douglas resumed. In 1856, he took the same ground as now, and Mr. Buchanan, when he accepted the nomination, took the same ground. His letter of acceptance to the Cincinnati Convention shows he then understood that the people of the territories should decide whether slavery should or should not exist within their limits. When gentlemen called for Congressional intervention, they step off the Democratic platform. He (Mr. Douglas) asserted that the Democratic creed was non-intervention by Congress, and the right of the people to govern themselves. He would frankly tell gentlemen of the South, that no Democratic candidate can carry one State North but on the principles of the Cincinnati platform, as construed by Mr. Buchanan when he accepted his nomination, and which he (Mr. Douglas) stood here to-day to defend.
Mr. Davis replied to Mr. Douglas elaborately, denying that he (Douglas) rightly interpreted the obligations of the Democratic party.
Mr. Pugh said, Mr. Brown had asked if northern Democrats would vote for Congressional intervention to protect the people against local legislation. He would answer, Never. It is monstrous. It is against the plighted faith both of the South and North. Mr. Pugh discussed the question at length, and said he stood on the platform of his party with the interpretation which he explained.
Mr. Green was sorry that this subject of contention had been brought forward. It was to try and bring discord into the Democratic party, the only party able to override the Republican party. He hoped and believed there was no difference between the North and the South. A government is formed to protect persons and property; and when it ceases to do either, it ceases to perform its one great function. Mr. Hale's amendment had brought up the question, "What is property?" He (Green) maintained that, under the Constitution and by the decision of the Supreme Court, slaves are property; and he argued the subject in many aspects, concluding by calling on the Democratic party to stand united, and not permit a combination to make use of a mere figment to disorganize them. In the course of his remarks, he quoted from Mr. Douglas's Springfield speech, to show that he had therein proposed Congressional intervention in Utah. He could not see the consistency of the senator's course, then and now.
Mr. Douglas denied that he had proposed Congressional intervention to regulate the internal affairs of Utah. The intervention he proposed was alone on the ground of rebellion – not on account of their domestic affairs, but as aliens and rebels.
Mr. Green, in speaking of how territorial legislation could destroy the rights of slave property, said he had before him a copy of the bill passed by the