avery should be decided to be one of
these forbidden subjects of legislation, then the conclusion would be
inevitable that the Constitution established slavery in the
Territories beyond the power of the people to control it by law, and
guaranteed to every citizen the right to go there and be protected in
the enjoyment of his slave property; then every member of Congress
would be in duty bound to supply adequate protection, if the rights of
property should be invaded. Not only so, but another conclusion would
follow,--if the Constitution should be held to establish slavery in
the Territories beyond the power of the people to control
it,--Congress would be bound to provide adequate protection for slave
property everywhere, _in the States_ as well as in the Territories.

Douglas immediately went on to show that such was not the decision of
the Court in the Dred Scott case. The Court had held that "the right
of property in slaves is distinctly and expressly affirmed in the
Constitution." Yes, but where? Why in that provision which speaks of
persons "held to service or labor in one State, under the laws
thereof"; not under the Constitution, not under the laws of Congress,
Douglas emphasized, but _under the laws of the particular State where
such service is due._ And so, when the Court declared that "the
government, in express terms, is pledged to protect it [slave
property] in all future time," it added "if the slave escapes from his
owner." "This is the only contingency," Douglas maintained, "in which
the Federal Government is authorized, required, or permitted to
interfere with slavery in the States or Territories; and in that case
only for the purpose of 'guarding and protecting the owner in his
rights' to reclaim his slave property." Slave-owners, therefore, who
moved with their property to a Territory, must hold it like all other
property, subject to local law, and look to local authorities for its
protection.

One other question remained: was the word "State," as used in the
clause just cited, intended to include Territories? Douglas so
contended. Otherwise, "the Territories must become a sanctuary for all
fugitives from service and justice." In numerous clauses in the
Constitution, the Territories were recognized as _States_.

Clever as this reasoning was, it clearly was not a fair exposition of
the opinion of the Court in the case of Dred Scott. If the Court did
not deny the right of a territorial legislature to i