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?
Public-domain text, read in full here on John Shaqi.
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