Mr. Green was sorry that this subject of contention had been brought forward. It was to try and bring discord into the Democratic party, the only party able to override the Republican party. He hoped and believed there was no difference between the North and the South. A government is formed to protect persons and property; and when it ceases to do either, it ceases to perform its one great function. Mr. Hale's amendment had brought up the question, "What is property?" He (Green) maintained that, under the Constitution and by the decision of the Supreme Court, slaves are property; and he argued the subject in many aspects, concluding by calling on the Democratic party to stand united, and not permit a combination to make use of a mere figment to disorganize them. In the course of his remarks, he quoted from Mr. Douglas's Springfield speech, to show that he had therein proposed Congressional intervention in Utah. He could not see the consistency of the senator's course, then and now.
Mr. Douglas denied that he had proposed Congressional intervention to regulate the internal affairs of Utah. The intervention he proposed was alone on the ground of rebellion—not on account of their domestic affairs, but as aliens and rebels.
Mr. Green, in speaking of how territorial legislation could destroy the rights of slave property, said he had before him a copy of the bill passed by the Kansas Legislature to abolish slavery.
Mr. Douglas remarked that several speeches had been made very pointedly at him, making him out no better than an Abolitionist, for leaving the territories to carry out their own affairs. It does well to attack one man for his opinion; but when was the most aggravated act ever committed, that he did not say it was committed, in manumitting your slaves and confiscating your property? The gentleman who spoke thus, says: "It is not yet time." There is no better time than the present, to introduce a bill to repeal that act of the Kansas Legislature. Senators say that he (Douglas) may go out. No; he stands on the platform, and it is for those who jump off, to go out.
The chair called the Senate to order, threatening to clear the galleries, unless it was maintained.
Mr. Green said he had received information of the bill by telegraph; but could not legislate on such information.
Mr. Douglas would take it for granted that Mr. Green meant that he received authentic information, and would introduce a bill to repeal the act. The South, he said, had reluctantly acquiesced in the movement with the Democrats of the North to settle the question. He went at some length into a discussion and approval of the decision of the Supreme Court in the case of Dred Scott. He did not agree with Senator Douglas's views as to the power of the people of a territory, and did not believe that the Nebraska-Kansas bill gave them independent power. The senator from Virginia then gave his ideas as to the people of the territories, and the people of the States. The right of property is recognized in the former, but the inhabitants of a territory are unknown to the Constitution. Congress cannot divest itself of its power over the property of the territories, but it can grant them nothing. South of the Potomac River, to the confines of Mexico, there is not one dissentient voice. The South would be recreant to itself; if it would give one vote for its rights to be taken from the Constitution, and remitted to the pleasure of the people temporarily in the territories.
Mr. Davis took an animated part in the debate against Mr. Douglas, who in the Kansas-Nebraska act, had made a great error, and drawn the Senate into a great error.
Mr. Douglas resumed, saying it won't do to read him out, because they had fallen from the faith. There is no middle ground. It is either intervention or non-intervention.
Mr. Gwin said, if the senator from Illinois had given the same interpretation to the Kansas-Nebraska bill when it was before the Senate, he (Gwin) would not have voted for it, and believed those around him would not. When the senator proposed to speak for the Democracy of the free States, he had no right to speak for California, which thought otherwise.