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tration was implacable。 A few months before； the Republicans were inclined to court him； but the desperate battle with Lincoln had made it clear that his quarrel with them was on perennial questions of principle。 Solitary and out of touch with all parties； he was yet recognized as the chief of the Northern Democrats and a formidable candidate for the Presidency。
While diplomatically awaiting developments； he was suddenly drawn into an important debate。 On February 23rd Senator Brown of Mississippi discussed with great plainness his attitude on the slavery question。 With ill concealed contempt for men whose opinions shaped themselves to suit the demands of political strategy he said：
〃I at least am no spoilsman。 I would rather settle one sound principle in a presidential contest than secure all the patronage of all the Presidents who have ever been elected to or retired from the office。 * * * The Constitution never gave us rights and denied us the means of protecting and defending those rights。 The Supreme Court has decided that we have a right to carry our slaves into the Territories and； necessarily； to have them protected after we get there。 * * * I neither want to cheat nor to be cheated in the great contest that is to come off in 1860。 * * * I think I understand the position of the Senator from Illinois and I dissent from it。 * * * He thinks that a territorial legislature may； by non…action or unfriendly action； rightfully exclude slavery。 I do not think so。 * * * * The Senator from Illinois thinks the territorial legislature has the right； by non…action or by unfriendly action to exclude us with our slaves。 * * * We have a right of protection for our slave property in the Territories。 The Constitution as expounded by the Supreme Court awards it。 We demand it； and we mean to have it。〃
Douglas at once answered。 He said that his obnoxious doctrine only meant that the territorial legislature by the exercise of the taxing power and other functions within the limits of the Constitution could adopt unfriendly legislation which would practically drive slavery out。 The real demand of the South was for a congressional slave code for the Territories。 But no Northern man； whether Democrat or Republican； would ever vote for such a code。 The inhabitants would protect slavery if they wanted it； if the climate were such that they could not cultivate the soil without it。 It was a question of climate； of production； of self…interest； and not of constitutional law。 The slave owner had no higher rights than the owner of liquor or inferior cattle； which the territorial legislature could exclude。 Under the doctrine of the Kansas…Nebraska act the Territories had the right to pass such laws as they pleased； subject only to the Constitution。
If their laws conflicted with that it was the business； not of Congress； but of the Courts to decide their nullity。 When Buchanan accepted the nomination in 1856； he declared that the people of a Territory； like those of a State； should decide for themselves whether slavery should exist within its limits。 He could not have carried half the Democratic vote in any free State if the people had not so understood him。 〃I intend to use language；〃 he continued； 〃which can be repeated in Chicago as well as in New Orleans； in Charleston as well as in Boston。 * * * No political creed is sound or safe which cannot be proclaimed in the same sense wherever the American Flag waves over American soil。 If the North and the South cannot come to a common ground on the slavery question the sooner we know it the better。 * * * I tell you； gentlemen of the South； in all candor； I do not believe a Democratic candidate can ever carry one Democratic State of the North on the platform that it is the duty of the Federal Government to force the people of a Territory to have slavery when they do not want it。〃
Davis； the leader of the Southern Democracy； answered him。 He reminded the Senate that Congress had no power to exclude slavery from a Territory and the legislature had no power except that given it by Congress。 Hence it could not possibly have the power to exclude it。 Douglas could not claim more than this unless he could illustrate the philosophical problem of getting more out of a tub than it contained。 Congress； having no power to prohibit slavery； was bound to see that it was fully enjoyed。
〃I agree with my colleague；〃 he continued； 〃that we are not； with our eyes open； to be cheated； and that we have no more respect for that man who seeks to evade the performance of a constitutional duty than for one who openly wars upon constitutional rights。〃
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 Congre