The Life of Jefferson DavisAlfriend, Frank H. (Frank Heath)
History
The Life of Jefferson Davis
Alfriend, Frank H. (Frank Heath)
Confederate States of America; Davis, Jefferson, 1808-1889; United States -- History -- Civil War, 1861-1865
MR. DAVIS. If it will not embarrass the Senator, I would ask him if, as
Chief Executive of the United States, he would sign a bill to protect
slave property in State, Territory, or District of Columbia--an act of
Congress?
MR. DOUGLAS. It will be time enough for me, or any other man, to say what
bills he will sign, when he is in a position to exercise the power.
MR. DAVIS. The Senator has a right to make me that answer. I was only
leading on to a fair understanding of the Senator and myself about
non-intervention....
I think it now appears that, in the minds of the gentlemen,
non-intervention is a shadowy, unsubstantial doctrine, which has its
application according to the circumstances of the case. It ceased to
apply when it was necessary to annul an act in Kansas in relation to the
political rights of the inhabitants. It had no application when it was
necessary to declare that the old French laws should not be revived in the
Territory of Kansas after the repeal of the Missouri Compromise; but it
rose an insurmountable barrier when we proposed to sweep away the Mexican
decrees, usages, or laws, and leave the Constitution and laws of the
United States unfettered in their operation in the Territory acquired from
Mexico. It thus seems to have a constantly varying application, and, as I
have not yet reached a good definition, one which quite satisfies me, I
must take it as I find it in the Senator's speech, in which he says
Alabama asserted the doctrine of non-intervention in 1856. The Alabama
resolutions of 1856 asserted the right to protection, and the duty of the
Federal Government to give it. So, if he stands upon the resolutions of
Alabama in 1856, non-intervention is very good doctrine, and exactly
agrees with what I believe--no assumption, by the Federal Government, of
any powers over the municipal territorial governments which is not
necessary; that the hand of Federal power shall be laid as lightly as
possible upon any territorial community; that its laws shall be limited to
the necessities of each case; that it shall leave the inhabitants as
unfettered in the determination of their local legislation as the rights
of the people of the States will permit, and the duty of the General
Government will allow. But when non-intervention is pressed to the point
of depriving the arm of the Federal Government of its one great function
of protection, then it is the doctrine which we denounce--which we call
squatter sovereignty; the renunciation by Congress, and the turning over
to the inhabitants a sovereignty which, rightfully, it does not belong to
the one to grant or the other to claim, and, further and worse, thus to
divest the Federal Government of a duty which the Constitution requires it
to perform.
Public-domain text, read in full here on John Shaqi.
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