clearly, but I will tell the senator why it does not. I utterly, totally, entirely, persistently, and consistently, repudiate the whole doctrine of squatter sovereignty. By squatter sovereignty I mean territorial sovereignty. I utterly deny that there is any sovereignty in a territory.

Mr. WADE. I understand the senator to contend, that inasmuch as a slave is property in a territory, the owner has a right to be protected in the territory. He says he derives that right from the Constitution of the United States, and the decision of the Supreme Court under that Constitution. That I understand to be the claim. If so, I ask why it does not apply as well to a state as to a territory? What is there in the Constitution, if it is the supreme law of the land, that prevents its operating in a state to the same extent as in a territory?

Mr. BROWN. I hold, Mr. President, that each state is sovereign within its own limits; and that each for itself can establish or abolish slavery for itself.

Mr. WADE. Do I understand the senator that state sovereignty dominates over the Constitution of the United States, in any instance, or can do so?

Mr. BROWN. If the Constitution, in terms, guarantied slavery in the states; in other words, if the states had surrendered to the federal government the power to maintain slavery within their respective limits, then, as a matter of course, the obligation would have been upon Congress to do it; but the extent of the guarantee is not that. The guarantee is, that you shall surrender fugitive slaves.

Mr. WADE. I do not wish to interrupt the senator; but I believe the Dred Scott decision makes no distinction between this right in a state and in a territory; but if it does, I should like to know from any lawyer why it does?

Mr. BROWN. I shall not undertake to discuss that question at large, because it is not involved in the controversy. The Supreme Court were simply dealing with a territory; and I speak of the decision as I find it. No such hypothetical case as that presented by the senator from Ohio has arisen, or probably ever will arise; but if it does, and the Supreme Court think proper to decide it, they will doubtless give sound reasons for the decision one way or the other. It is no business of mine to foreshadow what will be their decision on a point never presented, and never likely to be presented; but, Mr. President, if nobody else wants to interrogate me, I apologize for having consumed nearly three-quarters of an hour of the time of the Senate, when I know that every minute is of vast importance; and I yield the floor.

Mr. DOUGLAS. But the senator from Mississippi says he has a right to protection. The owner of every other species of property may say he has a right to protection. The man dealing in liquors may think that, inasmuch as his stock of liquors is property, he has a right to protection. The man dealing in an inferior breed of cattle, may think he has a right to protection; but the people of the territory may think it is their interest to improve the breed of stock by discrimination against inferior breeds; and hence they may fix a higher rate of taxation on the one than on the other.

Mr. BROWN. The senator from Illinois now makes a point which enables me to illustrate what I mean. I hold that the territorial legislature of Kansas-that being the territory immediately involved in this

discussion-has no right to enact the Maine liquor law. That is an act of sovereignty. It has the right to say that liquors carried into the territory shall be so used as that they shall not corrupt the public morals nor endanger the public safety; but the power of prohibition does not belong to a territorial legislature. So I say in reference to slave property. As I said in my opening remarks this morning, while I demand justice, I will do justice. I hold that a territorial legislature has the right to regulate the relation between master and slave in such a manner that the master shall not permit the slave to endanger the public safety or corrupt the public morals. That is what I mean by the power to regulate; and not seeing the point at which a court could intervene and arrest this power if it were abused, I said it never would, or rarely ever, present a case which we could get before the court and upon which we could demand its judgment. By this I understood the senator from Illinois to mean unfriendly legislation; that in the exercise of its power to regulate the relation between master and slave, it could act with such severity as effectually to exclude slavery as though it were a constitutional inhibition. That is what I meant.

Again, in reply to Mr. PUGH, Mr. BROWN said :—

The senator from Ohio read an extract from a speech of mine, which he seemed to rely upon to sustain him in his position that I was inconsistent to-day with what I had said on a former occasion. When that speech was made, the main point in controversy was as to whether we had the right to carry our slave property to the territories, and have it protected there. To that point I spoke. That point I maintained then, as I maintain to-day; we were willing to submit to the decision of the Supreme Court. We have submitted the question, and it has been decided in our favor. I did not mean to be understood then, nor will I be understood now, that I am willing to submit to the Supreme Court on points which you can never bring before the court. The non-action of the territorial legislature can never be brought before the Supreme Court. Unfriendly legislation within the limitations of the Constitution can never be brought before the Supreme Court. Non-action and that sort of unfriendly legislation, I have maintained to-day, would as effectually exclude us as positive action. positive action. Whatever you can get before the Supreme Court fairly and justly, I am willing to submit to them, and abide by their decision; but, of course, I am not willing to be ruled out upon points which you never can get before the court. Suppose the legislature does not act at all, how am I to have my remedy before the Supreme Court? Can I get a mandamus? Everybody knows I cannot. That is a form by which I am excluded. Then, suppose they act in an unfriendly spirit within the limitations of the Constitution; how am I to get such a case before the Supreme Court? If they legislate under the taxing power, as I pointed out this morning, and under the power to regulate the relation between master and slave; how am I to get such a case before the Supreme Court? I never can. I never meant to say I would stand only upon the decisions of the Supreme Court. I will stand upon them so far as they are rendered; and I maintain before the senator from Ohio now, that I stand where I stood when I made that speech-upon the decisions of the Supreme Court; but I could not stand upon decisions never rendered, and which never can be rendered.

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