June 9, 1856, the two Senators drifted into debate on the Kansas question again, and Trumbull put to Douglas the question which Lincoln put to him with such momentous consequences in the Freeport debate two years later: whether the people of a territory could lawfully exclude slavery prior to the formation of a state constitution. Trumbull said that the Democratic party was not harmonious on this point. He had heard Brown, of Mississippi, argue on the floor of the Senate that slavery could not be excluded from the territories, while in the formative condition, by the territorial legislature, and he had heard Cass, of Michigan, maintain exactly the opposite doctrine. He would like to know what his colleague's views were upon that point: My colleague [he said] has no sort of difficulty in deciding the constitutional question as to the right of the people of a territory, when they form their constitution, to establish or prohibit slavery. Now will he tell me whether they have the right _before_ they form a state constitution?[27] Douglas did not answer this interrogatory. He insisted that it was purely a judicial question, and that he and all good Democrats were in harmony and would sustain the decision of the highest tribunal when it should be rendered. The Dred Scott case was pending in the Supreme Court, but that fact was not mentioned in the debate. The right of the people of a territory to exclude slavery before arriving at statehood was already the crux of the political situation, but its significance was not generally perceived at that time. That Trumbull had grasped the fact was shown by his concluding remarks in this debate, to wit: My colleague says that the persons with whom he is acting are perfectly agreed on the questions at issue. Why, sir, all of them in the South say that they have a right to take their slaves into a territory and to hold them there as such, while all in the North deny it. If that is an agreement, then I do not know what Bedlam would be. Bedlam came at Charleston four years later. It is worthy of remark that in this debate Douglas held that a negro could bring an action for personal freedom in a territory and have it presented to the Supreme Court of the United States for decision. In the Dred Scott case, subsequently decided, the court held that a negro could not bring an action in a court of the United States.