The 23d of February, 1859, was the occasion of a protracted battle between Davis and Douglas, lasting from midday until nearly night. This speech of Mr. Davis is, in many respects, inferior to his higher oratorical efforts, realizing less of the forms of oratory which he usually illustrated so happily, and is wanting somewhat in that symmetry, harmony, and comeliness in all its features, with which his senatorial efforts are generally wrought to the perfection of expression. The circumstances under which it was delivered, however, fully meet this criticism, and show a most remarkable readiness for the instantaneous and hurried grapple of debate, and this latter quality was the strong point of Douglas’ oratory. The latter had replied at great length, and with evident preparation, to a speech made by Mr. Davis’ colleague (Mr. Brown), who was not present during Douglas’ rejoinder. Without hesitation Mr. Davis assumed the place of his absent colleague, and the result was a running debate, lasting several hours, and exhibiting on both sides all the vivacious readiness of a gladiatorial combat.

In their ordinary and characteristic speeches there was an antithesis, no less marked than in their characters as men. Douglas was peculiarly American in his style of speaking. He dealt largely in the argumentum ad hominem; was very adroit in pointing out immaterial inconsistencies in his antagonists; he rarely discussed general principles; always avoided questions of abstract political science, and struggled to force the entire question into juxtaposition with the practical considerations of the immediate present.

In nearly all of Davis’ speeches is recognized the pervasion of intellect, which is preserved even in his most impassioned passages. He goes to the very “foundations of jurisprudence,” illustrates by historical example, and throws upon his subject the full radiance of that noble light which is shed by diligent inquiry into the abstract truths of political and moral science. Strength, animation, energy without vehemence, classical elegance, and a luminous simplicity, are features in Mr. Davis’ oratory which rendered him one of the most finished, logical, and effective of contemporary parliamentary speakers.

During the Thirty-sixth Congress, which assembled in December, 1859, Mr. Davis was the recognized leader of the Democratic majority of the Senate. His efforts, during this session, were probably the ablest of his life, and never did his great powers of analysis and generalization appear to greater advantage. On the second of February, 1860, Mr. Davis presented a series of seven resolves, which embodied the views of the administration, of an overwhelming majority of the Democratic members of the Senate, and of the Southern Democracy, and were opposed by Mr. Douglas (though absent from the Senate by sickness), Mr. Pugh, and by the Abolition Senators. They are important as the substantial expression of the doctrines upon which the Southern Democracy were already prepared to insist at the approaching National Convention.

The first resolution affirms the sovereignty of the States and their delegation of authority to the Federal Government, to secure each State against domestic no less than foreign dangers. This resolution was designed with special reference to the recent outrages of John Brown and his associate conspirators, several of whom had expiated their crimes upon the gallows, at the hands of the authorities of Virginia.

Resolution second affirms the recognition of slavery as property by the Constitution, and that all efforts to injure it by citizens of non-slaveholding States are violations of faith.

Third insists upon the absolute equality of the States.

The fourth resolution of the series, which embodied the material point of difference between Mr. Douglas and the majority of Democratic Senators, was modified, as stated by Mr. Davis, “after conference with friends,” and finally made to read thus:

Resolved, That neither Congress nor a Territorial Legislature, whether by direct legislation, or legislation of an indirect and unfriendly character, possesses power to annul or impair the constitutional right of any citizen of the United States to take his slave property into the common Territories, and there hold and enjoy the same while the territorial condition remains.”

Fifth declares it the duty of Congress to supply any needed protection to constitutional rights in a Territory, provided the executive and judicial authority has not the adequate means.