On the 23d of February, 1859, there was a Senate debate on this
question, in which Douglas contended that the Democratic party, by
supporting General Cass in 1848, had endorsed the same opinion that he
(Douglas) had maintained at Freeport, since Cass, in his so-called
"Nicholson Letter," had affirmed the doctrine of squatter sovereignty as
to slavery in the territories. Douglas now contended that every Southern
state that gave its electoral vote to Cass, including Mississippi, was
committed to the doctrine that the people of a territory could lawfully
exclude slavery while still in a territorial condition. Jefferson Davis
replied:
The State of Mississippi voted [in 1848] under the belief that
that letter meant no more than that when the territory became a
state, it had authority to decide that question.... If it had
been known that the venerable candidate then of the Democratic
party, and now Secretary of State, held the opinion which he so
frankly avowed at a subsequent period on the floor of the
Senate, I tell you, sir [addressing Douglas], he would have had
no more chance to get the vote of Mississippi than you with
your opinions would have to-day.[35]
On the 2d of February, 1860, Davis introduced a series of resolutions in
the Senate of a political character evidently intended to head off
Douglas at the coming Charleston Convention; or, failing that, to pave
the way for the withdrawal of the delegates of the cotton-growing
states. The fourth resolution was directed against the Douglas doctrine
of unfriendly legislation, thus:
_Resolved_, That neither Congress nor a territorial
legislature, whether by direct legislation or legislation of
indirect and unfriendly nature, possesses the power to annul or
impair the constitutional right of any citizen of the United
States to take his slave property into the common territories;
but it is the duty of the Federal Government there to afford
for that, as for other species of property, the needful
protection; and if experience should at any time prove that the
judiciary does not possess power to insure adequate protection,
it will then become the duty of Congress to supply such
deficiency.
The Senate debate between Douglas and his Southern antagonists was
resumed in May, after the explosion of the Charleston Convention.
Douglas made a two days' speech (May 15 and 16) occupying four hours
each day, but did not mention the subject of unfriendly legislation, or
show how a territorial legislature could nullify or circumvent the Dred
Scott decision. He was answered by Benjamin, of Louisiana, in a speech
which made a sensation throughout the country, and in which the
doctrine of unfriendly legislation was mauled to tatters. Benjamin was
the first Southern statesman to make his bow to the rising fame of
Lincoln. After examining the Freeport debate, he said:
Public-domain text, read in full here on John Shaqi.
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