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11 Scott


Rep. Dem.
Ramsey. Becker.
1045 828



26 Wright.


St. Louis,





254 707 814 265


Total.. 21335 17588
Maj. for Ramsey, 8,752.



SENATE. Rep., 23; Dem., 18;
Independent, 1.
HOUSE.. Rep., 58; Dem., 22.


Ramsey. Becker.
883 165


Counties. Rep. Dem. A.L.D.



94 560

Blue Earth..


Stanford. Latham, Currey. Alameda.. 299 1066 664 800 Amador... 282 2028 985





156 } Colusa 15 541 166

Sup. Court.Sprague.. 80978 Baker, Rep., was generally supported by the Anti-Lecompton Democrats, and 11 McKibben by the Republi872 cans.


478 524 Butte..... 854 1915 1666
No return. Calaveras.. 85 8275
Crow Wing... 8
Dakota...... 1007
Farribault... 210
Fillmore...... 1899
Goodhue.. 1220
Hennepin 2018
Houston...... 675
Isanti........ No return.
Kandiyohi.. 19
Le Sueur....
Manomin.... No return.
Meeker... 147
Mille Lac.

55 Con'a Costa 41 805 878
1056 Del Norte. 18 892 126
444 El Dorado. 408 8096 2418
109 Fresno.... 1 859
1171 Humboldt 88 897
227 Klamath.. 1 607
706 Los Ang'ls 220 1916 49
1117 Marin.... 67 467 75
716 Mariposa. 8 1462 919
Mendocino 11 780 85
18 Merced.... 1 231 82
6 Monterey.. 46 495 175
8 Napa..... 14 810
625 Nevada... 581 8185 2584
Placer.... 896 8226 1117
10 Plumas... 193 882


95 Sacram'to. 228 8526




108 No return. 80 115 488


San Bern'o 89
San Diego. 17
San Fran'o8027
San Joa'in 209
S. Luis Ob'o 80

4747 2943

1806 878

88 412




284 80
227 San Mateo 105 420
777 Santa B'ra 85 481
6 28 Santa Clara 626 1407
Pembina. ... No return. Santa Cruz 150
Ramsey. 1485

1778 Shasta.... 8 1456
87 Sierra.... 295 9814



Counties. Rep. Dem. A.L.D.
Stanford. Latham. Currey.


grounds of greater devotion to the interests of the South but exhibited only a feeble Siskiyou.. 48 2159 1808 show of strength, Andrew B. Solano.... 88 1172 827 Moore, regular Dem., being Sonoma... 64 1981 1148 reëlected Governor Stanislaus. 18 889 106 Wm. F. Samford, Independ Sutter.... 87 695 159 ent, by about 20,000 majorTehama.. 85 770 92ity. The Regulars also ear4 1285 829ried the entire Delegation in Trinity Tulare and Congress; the only close 11 821 B'na Vista contest being in the Third Tuolumne 969 8728 787 (Montgomery) Dist., where Yolo...... 66 757 568 Clopton, Regular Dem., beat Yuba..... 487 2442 1471 Judge, Independent, by 214 majority.


Total..10110 62255 81298 Latham over O'rey, 80957; over both, 20847.


An Election was held ha this State for Governor, State Officers, and Congressmen, in 1859, which resulted in the success of the Democracy by more than three to one, Pettus, Dem., for Go vernor, receiving 84,559 votes to 10,808 for Walter, Democrats. The DemoLt. Goo....Downey,. Independent. 59051 cratic Candidates for other Congress..Burch ....57665 Scott.... 56998 State Officers ran ahead of Sup. Court.Cope.... Mr. Pettus. For Congress 59897 there was hardly a show of Anti-Lecompton Democrats. opposition to the DemocraLt. Gov....Conness.. 81051 tic candidates. Congress..Booker.. 2969

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There is not sufficiez opposition to the Regula Democracy in this State t create the slightest interes


in the elections. At the las election for Congressmes (1858) in the First District Hindman, Dem., received An Election was held in 18,255 votes, to 2,858 for this State in 1859, for Go- Crosby, Independent; and, vernor, Congressmen and in the Second District, Rust, 867 Legislature, in which the Dem., received 16,802 to 451 opposition to the regular) 8,114 for Jones, and 8,459 482 Democracy claimed the suf- for Drew, Independent can. 1666 rag of the people, on the {didates.



As the Virginia and Kentucky Resolutions of 1798 and 1799, form a portion of the Democratic National Platforms, we give them a place here:

been justly deemed the only effectual guardian of every other right.

That this State having by its Convention, which ratified the Federal Constitution, expressly declared, that among other essential rights, "the liberty of conscience and the press cannot be canceled, abridged, restrained, or modified by any authority of the United States," and from its extreme anxiety to guard these rights from every possible attack of sophistry and ambition, having Decem-with other States recommended an amendment for that purpose, which amendment was, in due time, annexed to the Constitution, it would mark a reproachful incousistency, and criminal degeneracy, if an indifference were now shown to the most palpable violation of one of the rights, thus declared and secured; and to the establishment of a precedent which may be fatal to the other.

That the good people of this Commonwealth having ever felt, and continuing to feel, the most sincere affection for their brethren of the other States, the truest anxiety for establishing and perpetuating the Union of all, and the most scrupulous fidelity to that Constitution which is the pledge of mutual friendship and the instrument of mutual happiness, the General Assembly doth solemnly appeal to the like dispositions in the other States, in confidence that they will concur with this Commonwealth in declaring, as it does hereby declare, that the acts aforesaid. are unconstitutional; and that the necessary and proper measures will be taken by each for coöperating with this State, in maintaining, unimpaired, the authorities, rights, and liberties, reserved to the States respectively, or to the people.

That the governor be desired to transmit a copy of the foregoing resolutions to the executive authority of each of the other States, with a request that the same may be communicated to the legislature thereof; and that a copy be furnished to each of the Senators and Representatives representing this State in the Congress of the United States.


The following resolutions passed the Virginia House of Delegates on the 21st of ber, 1798, and were agreed to by the Senate three days later, on the 24th December. These Resolutions are understood to have been written by Mr. Madison.

Resolved, That the General Assembly of Virginia doth unequivocally express a firm resolution to maintain and defend the Constitution of the United States, and the constitution of this State, against every aggression, either foreign or domestic; and that they will support the Government of the United States in all measures warranted by the former.

That this Assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges its powers; and, that for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them can alone secure its existence and the public happiness.

That this Assembly doth explicitly and peremptorily declare, that it views the powers of the Federal Government, as resulting from the compact to which the States are parties, as limited by the plain sense and intention of the instrument constituting that compact, as no farther valid than they are authorized by the grants enumerated in that compact; and that, in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the States, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties, appertaining to them.

That the General Assembly doth also express its deep regret, that a spirit has, in sundry instances, been manifested by the Federal Government, to enlarge its powers by forced constructions of the constitutional charter which defines them ;and that indications have appeared of a design to expound certain general phrases (which, having been copied from the very limited grant of powers in the former Articles of Confederation, were the less liable to be misconstrued) so as to destroy the meaning and effect of the particular enumeration which necessarily explains and limits the general phrases, and so as to consolidate the States by degrees into one sovereignty, the obvious tendency and inevitable result of which would be, to transform the present republican system of the United States into an absolute, or at best, a mixed monarchy.

That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts," passed at the last session of Congress; the first of which exercises a power nowhere delegated to the Federal Government, and which, by uniting legislative and judicial powers to those of the executive, subverts the general principles of free government, as well as the particular organization and positive provisions of the Federal Constitution; and the other of which acts exercises, in like manner, a power not delegated by the Constitution, but, on the contrary, expressly and positively forbidden by one of the amendments thereto; a power which, more than any other, ought to produce universal alarm, because it is leveled against the right of freely examining public characters and measures, and of free communication among the people thereon, which has ever


The following resolutions, drafted by Thomas Jefferson, passed the Kentucky House of Representatives on the 10th of Nov., 1798, and were agreed to by the Senate on the 13th of the same month:

1. Resolved, That the several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that by compact, under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for spe cial purposes, delegated to that government certain definite powers, reserving, each State to itself, the resi duary mass of right to their own self-government; and, that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party; that this government, created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but, that, as in all other cases of compact among parties hav ing no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

2. Resolved, That the Constitution of the United States having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies and felonies committed on the high seas, and offenses against the laws of nations, and no other crimes whatever; and it being true, as a general principle, and one of the amendments to the Constitution having alsc declared, "that the powers not 249

delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," therefore also the same act of Congress, passed on the 14th day of July, 1798, and entitled "An act in addition to the act entitled An act for the punishment of certain crimes against the United States;" as also the act passed by them on the 27th day of June, 1798, entitled "An act to punish frauds committed on the Bank of the United States," (and all other their acts which assume to create, define, or punish crimes other than those enumerated in the Constitution), are altogether void and of no force, and that the power to create, define, and punish such other crimes is reserved, and of right appertains solely and exclusively, to the respective States, each within its own territory.


8. Resolved, That it is true, as a general principle, and is also expressly declared by one of the amendments to the Constitution, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;" and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or to the people; that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated rather than the use be destroyed; and thus also they guarded against all abridgment by the United States of the freedom of religious principles and exercises, and retained to themselves the right of protecting the same, as this State, by a law passed on the general demand of its citizens, had already protected them from all human restraint or interference; and that, in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that "Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press," thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press, insomuch that whatever violates either, throws down the sanctuary which covers the others; and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That therefore the act of the Congress of the United States, passed on the 14th of July, 1798, entitled "An act in addition to the act entitled An act for the punishment of certain crimes against the United States," which does abridge the freedom of the press, is not law, but is altogether void and of no force.

4. Resolved, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are that no power over them has been delegated to the United States, nor prohibited to the individual States distinct from their power over citizens; and it being true, as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved to the States respectively, or to the people," the act of the Congress of the United States, passed the 22d day of June, 1798, entitled, “An act concerning aliens," which assumes power over alien friends not delegated by the Constitution, is not law, but is altogether void and of no force. 5. Resolved, That in addition to the general principle as well as the express declaration, that powers not delegated are reserved, another and more special provision inferred in the Constitution, from abundant caution has declared, "that the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808." That this commonwealth does admit the migration of alien friends described as the subject of the said act concerning aliens; that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nugatory; that to remove them when migrated is equivalent to a prohibition of their migration, and is, therefore, contrary to the said provision of the Constitution, and void.

6. Resolved, That the imprisonment of a person under the protection of the laws of this commonwealth on his failure to obey the simple order of the President to depart out of the United States, as is undertaken by the said act, entitled," An act concerning aliens," is contrary to the Constitution, one amendment in which has provided,

that "no person shall be deprived of liberty without due process of law," and that another having provided, "that in all criminal prosecutions, the accused shall enjoy the right to a public trial by an impartial jury, to be informed as to the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have assistance of counsel for his defense," the same act undertaking to authorize the President to remove a person out of the United States who is under the protection of the law, on his own suspicion, without jury, without public trial, without confrontation of the wit nesses against him, without having witnesses in his favor, without defense, without counsel, is contrary to these provisions also of the Constitution, is therefore not law, but utterly void and of no force.

That transferring the power of judging any person who is under the protection of the laws, from the courts to the President of the United States, as is undertaken by the same act concerning aliens, is against the article of the Constitution which provides, that "the judicial power of the United States shall be vested in the courts, the judges of which shall hold their office during good behavior," and that the said act is void for that reason also; and it is further to be noted that this transfer of judiciary power is to that magistrate of the General Government who already possesses all the executive, and a qualified nega. tive on all the legislative powers.

7. Resolved, That the construction applied by the General Government (as is evident by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress power to lay and collect taxes, duties, imposts, excises; to pay the debts, and provide for the common defense and general welfare of the United States, and to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States, or any department thereof, goes to the destruction of all the limits prescribed to their power by the Constitution: That words meant by that instrument to be subsidiary only to the execution of the limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part so to be taken as to destroy the whole residue of the instrument: That the proceedings of the General Government under color of those articles, will be a fit and necessary subject for revisal and correction at a time of greater tranquillity, while those specified in the preceding resolutions call for immediate redress.

8. Resolved, That the preceding resolutions be transmitted to the senators and representatives in Congress from this commonwealth, who are enjoined to present the same to their respective Houses, and to use their best endeavors to procure at the next session of Congress a repeal of the aforesaid unconstitutional and obnoxious acts.

9. Resolved lastly, That the governor of this commonwealth be, and is hereby authorized and requested to communicate the preceding resolutions to the legislatures of the several States, to assure them that this commonwealth considers union for special national purposes, and particularly for those specified in their late federal compact, to be friendly to the peace, happiness, and prosperity of all the States-that, faithful to that compact, according to the plain intent and meaning in which it was un derstood and acceded to by the several parties, it is sincerely anxious for its preservation; that it does also believe, that to take from the States all the powers of self-government, and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness, or prosperity of these States; and that, therefore, this commonwealth is determined, as it doubts not its co-States are, to submit to undelegated and consequently unlimited powers in no man or body of men on earth; that if the acts before specified should stand, these conclusions would flow from them; that the General Government may place any act they think proper on the list of crimes and punish it themselves, whether enumerated or not enumerated by the Constitution as cognisable by them; that they may transfer its cognizance to the President or any other person, who may himself be the accuser, counsel, judge, and jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the transaction; that a very numerous and valu. able description of the inhabitants of these States, being by this precedent reduced as outlaws to the absolute domfnion of one man and the barriers of the Constitution thus swept from us all, and no rampart now remains against the passions and the power of a majority of Congress, to protect from a like exportation or other grievous punishment the minority of the same body, the legis

latures, judges, governors, and counselors of the States, nor their other peaceable inhabitants who may venture to reclaim the constitutional rights and liberties of the States and people, or who, for other causes, good or bad, may be obnoxious to the views or marked by the suspicions of the President, or be thought dangerous to his or their elections or other interests, public or personal; that the friendless alien has been selected as the safest subject of a first experiment; but the citizen will soon follow, or rather has already followed; for, already has a sedition act marked him as a prey: that these and successive acts of the same character, unless arrested on the

threshold, may tend to drive these States into revolution and blood, and will furnish new calumnies against republican governments, and new pretexts for those who wish it to be believed, that man cannot be governed but by a rod of iron; that it would be a dangerous delusion were & confidence in the men of our choice to silence our fears for the safety of our rights; that confidence is everywhere the parent of despotism; free government is founded in jealousy and not in confidence; it is jealousy and not confidence which prescribes limited constitutions to bind down those whom we are obliged to trust with power; that our Constitution has accordingly fixed the limits to which, and no farther, our confidence may go; and let the honest advocate of confidence read the Alien and Sedition acts, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits? Let him say what the government is, if it be not a tyranny, which the men of our choice have conferred on the President, and the President of our choice has assented to and accepted over the friendly strangers, to whom the mild spirit of our country and its laws had pledged hospitality and protection; that the men of our choice have more respected the bare suspicions of the President than the solid rights of innocence, the claims of justification, the sacred force of truth, and the forms and substance of law and justice. In questions of power, then, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution. That this commonwealth does therefore call on its co-States for an expression of their sentiments on the acts concerning aliens, and for the punishment of certain crimes hereinbefore specified, plainly declaring whether these acts are or are not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment to limited government, whether general or particular, and that the rights and liberties of their coStates will be exposed to no dangers by remaining embarked on a common bottom with their own; but they will concur with this commonwealth in considering the said acts as so palpably against the Constitution as to amount to an undisguised declaration, that the compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States of all powers whatsoever. That they will view this as seizing the rights of the States and consolidating them in the hands of the General Government, with a power assumed to bind the States (not merely in cases made federal) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent; that this would be to surrender the form of


On the 25th January, 1845, Mr. Douglas, then a member of the House of Representatives, offered the following amendment to the joint Resolution for the Annexation of Texas:

"And in such State or States as may be formed out of said territory north of said Missouri Compromise line, slavery or involuntary servitude except for crime shall be prohibited."-Cong. Globe, vol. 14, page 193.

government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural rights in cases not made federal, will concur in declaring these void and of no force, and will each unite with this commonwealth in requesting their repeal at the next session of Congress.


On the 13th of March, 1850, Mr. Douglas made a speech in the United States Senate, from which the following is an extract:


"The next in the series of aggressions complained of by the Senator from South Carolina, is the Missouri Compromise. The Missouri Compromise, an act of Northern injustice, designed to deprive the South of her due share of the Territories! Why, sir, it was only on this very day that the Senator for Mississippi despaired

On the 14th of Nov., 1799, the Kentucky House of Representatives, after having received replies to the above from the legislatures of several States, which replies seem to have been unsatisfactory, reiterated its position as follows:

Resolved, That this commonwealth considers the Federal Union, upon the terms and for the purposes specified in the late compact, as conducive to the liberty and happiness of the several States: That it does now unequivocally declare its attachment to the Union, and to that compact, agreeably to its obvious and real intention, and will be among the last to seek its dissolution: That if those who administer the General Government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, an annihilation of the State governments, and the creation upon their ruins of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the State legislatures, that the General Government, is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotisin-since the discretion of those who administer the government, and not the Constitution, would be the measure of their powers-That the several States who formed that instrument, being sovereign and independent, have the unquestionable right to judge of the infraction; and that a nullification by those sovereignties of all unauthorized acts done under color of that instrument is the rightful remedy: That this commonwealth does, under the most deliberate reconsideration, declare that the said Alien and Sedition laws are, in their opinion, palpable violations of the said Constitution; and, however cheerfully it may be disposed to surrender its opinion to a majority of its sister States, in matters of ordinary or doubtful policy, yet, in momentous regulations like the present, which so vitally wound the best rights of the citizen, it would consider a silent acquiescence as highly criminal: That although this commonwealth, as a party to the federal compact, will bow to the laws of the Union, yet it does, at the same time, declare that it will not now, or ever hereafter, cease to oppose in a constitutional manner every attempt, at what quarter soever offered, to violate that compact. And, finally, in order that no pretext or arguments may be drawn from a supposed acquiescence on the part of this commonwealth in the constitutionality of those laws, and be thereby used as precedents for similar future violations of the federal compact this commonwealth does now enter against them its solemn protest.

This resolution passed the Senate on the 22d Nov., 1799.


of any peaceable adjustment of existing difficulties, extended to the Pacific. That measure was originally because the Missouri Compromise line could not be adopted in the bill for the admission of Missouri by the union of Northern and Southern votes. The South has always professed to be willing to abide by it, and even to continue it, as a fair and honorable adjustment of a vexed and difficult question. In 1845, it was adopted in the resolutions for the annexation of Texas, by Southern as well as Northern votes, without the slightest complaint that it was unfair to any section of the country. In 1846, it received the support of every Southern member of the House of Representatives-Whig and Democrat-without

exception, as an alternative measure to the Wilmot Provisio. And again in 1848, as an amendment to the Oregon bill, on my motion, it received the vote, if I recollect aright and I do not think that I can possibly be mistaken-of every Southern Senator, Whig and Democrat, even including the Senator from South Carolina himself, (Mr. Calhoun.) And yet we are now told that this is only second to the Ordinance of 1787 in the series of aggressions on the South."-Cong. Globe, Appendix, vol. 22, part 1, page 870.

"The Territories belong to the United States as one people, one nation, and are to be disposed of for the common benefit of all, according to the principles of the Constitution. Each State, as a member of the Confederacy, has a right to a voice in forming the rules and regulations for the government of the Territories; but the different sections-North, South, East and Westhave no such right. It is no violation of Southern rights to prohibit Slavery."-Cong. Globe, Appendix, vol. 22, part 1, page 869,

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On the same day, and in the same speech, and 1116, vol. 21, Cong. Globe, 1849-50. Mr. Douglas said:


On the same day, and in the same speech, "I have already had occasion to remark, that at the time of the adoption of the Constitution, there were Mr. Douglas referred to the Wilmot Proviso twelve (slave States), and six of them have since abol-resolutions, passed by the Illinois Legislature, ished slavery. This fact shows that the cause of freedom has steadily and firmly advanced, while slavery has receded in the same ratio. We all look forward with confidence to the time when Delaware, Maryland, Virginia, Kentucky, and Missouri, and probably North Carolina and Tennessee, will adopt one gradual system of eman cipation, under the operation of which those States must, in process of time, become free."

And again, on the same page, speaking of a proposition to amend the Constitution, so as to preserve an equilibrium " in point of numbers between free and slave States, he says:


in a large portion of the territory of the United States; but there is no outcry against that, because it is the prohibition of a specific kind of property, and not a prohibition against any section of the Union. Why, sir, our laws now prevent a tavern-keeper from going into some of the territories of the United States and taking a bar with him, and using and selling spirits there The law also prohibits certain other descriptions of business from being carried on in the Territories. I am not, therefore, prepared to say that, under the Constitution, we have not the power to pass laws excluding Negro Slavery from the Territories. It involves the same principles." Speech of Senator Douglas, June 3d, 1850, pages 1115,

"Then, sir, the proposition of the Senator from South Carolina is entirely impracticable. It is also inadmissible, if practicable. It would revolutionize the fundamental principle of the Government. It would destroy the great principle of popular equality, which must necessarily form the basis of all free institutions. It would be a retrograde movement in an age of progress, that would

astonish the world."-Cong. Globe, Appendix, vol. 22, part 1, page 871.

"But you say that we propose to prohibit by law your emigrating to the Territories with your property. We propose no such thing. We recognize your right, in common with our own, to emigrate to the Territories with your property, and there to hold and enjoy it in subordination to the laws you may find in force in the country. These laws, in some respects, differ from our own, as the laws of the various States of this Union vary on some points from the laws of each other. Some species of property are excluded by law in most of the States as well as Territories, as being unwise, immoral, or contrary to the principles of sound public policy. For instance, the banker is prohibited from emigrating to Minnesota, Oregon or California with his bank. The bank may be property by the laws of New York, but ceases to be so when taken into a State or Territory where banking is prohibited by the local law. So, ardent spirits, whisky, brandy, and all the intoxicating drinks, are recognized and considered as property in most of the States, if not all of them; but no citizen, whether from the North or South, can take this species of property with him, and hold, sell, or use it at his pleasure, in all the Territories, because it is prohibited by the local law-in Oregon, by the statutes of the Territory, and in the Indian country by the Acts of Congress. Nor can a man go there and take and hold

his slave, for the same reason. These laws, and many others involving similar principles, are directed against no section, and impair the rights of no State of the Union. They are laws against the introduction, sale and use of specific kinds of property, whether brought from the North or the South, or from foreign countries."-Cong. Globe, Appendix, vol. 22, part 1, page 871.

And again:

"But, sir, I do not hold the doctrine that to exclude any species of property by law from any Territory, is a violation of any right to property. Do you not exclude baks from most of the Territories? Do you not exclude whisky from being introduced into large portions of the territory of the United States? Do you not exclude gaining-tables, which are property, recognized as such in the States where they are tolerated? And has any one contended that the exclusion of gambling-tables, and the exclusion of ardent spirits, was a violation of any constitutional privilege or right? And yet it is the case

"My hands are tied upon one isolated point." "A SENATOR-Can you not break loose?" "MR. DOUGLAS-I have no desire to break loose. My opinions are my own, and I express them freely. My votes belong to those that sent me here, and to whom I am responsible. I have never differed with my constituency during seven years' service in Congress, except upon one solitary question. And even on that, I have no Constitutional difficulties, and have previously twice given the same vote, under peculiar circumstances; which is now required at my hands. I have no desire, therefore, to break loose from the instruction."-Cong. Globe, Appendix, vol. 22, part 1, page 878.


In the Senate, on the 12th day of February, 1850, on the subject of Slavery in the Territory of New Mexico, Mr. Douglas said:


"If the question is controverted here, I am ready to enter into the discussion of that question at any time, upon a reasonable notice, and to show that, by the constituted authority and constitutional authority of Mexico,

On the 13th of March, 1850, in the speech Slavery was prohibited in Mexico at the time of the already quoted from, Mr. Douglas said:

acquisition, and that prohibition was acquired by us with the soil, and that when we acquired the territory, we acquired it with that attached to it-that covenant running with the soil-and that must continue, unless removed by competent authority. And because there was a prohibition thus attached to the soil, I have always thought it was an unwise, unnecessary, and unjustifiable course on the part of the people of the free States, to require Congress to put another prohibition on the top of that one. It has been the strongest argument that I have ever urged against the prohibition of Slavery in the Territories, that it was not necessary for the accomplishment of their object."-Cong. Globe, vol. 22, part 1, page 843.



Shortly after the Illinois election of 1858, Mr. Douglas made a southern tour, stopping at St. Louis, Memphis, and New Orleans, and addressing the people at those places on political topics. He spoke at Memphis, on the 29th of November, and the following is an extract from his speech as reported phonographically in the Memphis Avalanche:

"Whenever a Territory has a climate, soil and productions, making it the interest of the inhabitants to encourage slave property, they will pass a slave code and give it encouragement. Whenever the climate, soil and productions preclude the possibility of slavery being profitable, they will not permit it. You come right back to the principle of dollars and cents. I do not care where the immigration in the southern country comes from; if old Joshua R. Giddings should raise a colony in Ohio and settle down in Louisiana, he would be the strongest advocate of Slavery in the whole South; he would find, when he got there, his opinion of Slavery would be very much modified; he would find on those sugar plantations that it was not a question between the white man and the negro but between the negro and the crocodile. He would say that between the negro and the crocodile he took the side of the negro; but between the negro and the white man, he would go for the white man,"

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