r sovereignty, a thing offensive to every idea of
conservatism and sound government."

Davis made repeated efforts to secure an answer to the question
whether, in the event that slavery should be excluded by the people of
a Territory and the Supreme Court should decide against such action,
Douglas would maintain the rights of the slave-holders. Douglas
replied, somewhat evasively, that when the Supreme Court should decide
upon the constitutionality of the local laws, he would abide by the
decision. "That is not the point," rejoined Davis impatiently;
"Congress must compel the Territorial Legislature to perform its
proper functions"; _i.e._ actively protect slave property. "Well,"
said Douglas with exasperating coolness, "on that point, the Senator
and I differ. If the Territorial Legislature will not pass such laws
as will encourage mules, I will not force them to have them." Again
Davis insisted that his question had not been answered. Douglas
repeated, "I will vote against any law by Congress attempting to
interfere with a regulation made by the Territories, with respect to
any kind of property whatever, whether horses, mules, negroes, or
anything else."[786]

But there was a flaw in Douglas's armor which Green of Missouri
detected. Had the Senator from Illinois not urged the intervention of
Congress to prevent polygamy in Utah? "Not at all," replied Douglas;
"the people of that Territory were in a state of rebellion against the
Federal authorities." What he had urged was the repeal of the organic
act of the Territory, so that the United States might exercise
absolute jurisdiction and protect property in that region. "But if the
people of a Territory took away property in slaves, were they not also
defying the Federal authorities?" persisted Green. Unquestionably
Congress might revoke the Kansas-Nebraska Act, Douglas admitted; but
it should be remembered that the act was bottomed upon an agreement.
There was a distinct understanding that the question whether
territorial laws affecting the right of property in slaves were
constitutional, should be referred to the Supreme Court. "If
constitutional, they were to remain in force until repealed by the
Territorial Legislature; if not, they were to become void not by
action of Congress but by the decision of the court."[787] And Douglas
quoted at length from a speech by Senator Benjamin in 1856, to prove
his point. But it was precisely this agreement of 1854, which was now