His speech in the Senate, March 25, 1861, was a remarkable effort in that respect. Mr. Breckinridge had previously spoken, and had declared that: "Whatever settlement may be made of other questions, this must be settled upon terms that will give them [the Southern States] either a right, in common with others, to emigrate into all the territory, or will secure to them their rights on a principle of equitable division."

Mr. Douglas replied: "Now, under the laws as they stand, in every Territory of the United States, without any exception, a Southern man can go with his Slave-property on equal terms with all other property. * * * Every man, either from the North or South, may go into the Territories with his property on terms of exact equality, subject to the local law; and Slave-property stands on an equal footing with all other kinds of property in the Territories of the United States. It now stands on an equal footing in all the Territories for the first time.

"I have shown you that, up to 1859, little more than a year ago, it was prohibited in part of the Territories. It is not prohibited anywhere now. For the first time, under Republican rule, the Southern States have secured that equality of rights in the Territories for their Slave-property which they have been demanding so long."

He held that the doctrine of Congressional prohibition in all the Territories, as incorporated in the Wilmot proviso, had now been repudiated by the Republicans of both Houses of Congress, who had "all come over to Non-intervention and Popular Sovereignty;" that the "Wilmot proviso is given up; that Congressional prohibition is given up; that the aggressive policy is repudiated; and hereafter the Southern man and the Northern man may move into the Territories with their Property on terms of entire equality, without excepting Slaves or any other kind of property."

Continuing, he said: "What more do the Southern States want? What more can any man demand? Non-intervention is all you asked. Will it be said the South required in addition to this, laws of Congress to protect Slavery in the Territories? That cannot be said; for only last May, the Senate, by a nearly unanimous vote—a unanimous vote of the Southern men, with one or two exceptions—declared that affirmative legislation was not needed at this time. * * * What cause is there for further alarm in the Southern States, so far as the Territories are concerned? * * *

"I repeat, the South has got all they ever claimed in all the Territories. * * * Then, sir, according to law, the Slaveholding States have got equality in the Territories. How is it in fact. * * * Now, I propose to show that they have got the actual equitable partition, giving them more than they were disposed to demand.

"The Senator from Kentucky, * * * Mr. Crittenden, introduced a proposition for an equitable partition. That proposition was, that north of 36 30' Slavery should be prohibited, and South of it should be protected, by Territorial law. * * * What is now the case? It is true the Crittenden proposition has not yet become part of the Constitution; but it is also true that an equitable partition has been made by the vote of the people themselves, establishing, maintaining, and protecting Slavery in every inch of territory South of the thirty-seventh parallel, giving the South half a degree more than the Crittenden Proposition.

"There stands your Slave-code in New Mexico protecting Slavery up to the thirty-seventh degree as effectually as laws can be made to protect it. There it stands the Law of the Land. Therefore the South has all below the thirty-seventh parallel, while Congress has not prohibited Slavery even North of it.

* * * * * *

"What more, then, is demanded? Simply that a Constitutional Amendment shall be adopted, affirming—what? Precisely what every Republican in both Houses of Congress has voted for within a month. Just do, by Constitutional Amendment, what you have voted in the Senate and House of Representatives, that is all. You are not even required to do that, but merely to vote for a proposition submitting the question to the People of the States whether they will make a Constitutional Amendment affirming the equitable partition of the Territories which the People have already made. * * *