power to the inhabitants of the Territories to legislate on all subjects not inconsistent with the Constitution, then Congress had exceeded its authority.  Turning to Douglas, Davis said, “Now, the senator asks, will you make a discrimination in the Territories?  I say, yes, I would discriminate in the Territories wherever it is needful to assert the right of citizens....  I have heard many a siren’s song on this doctrine of non-intervention; a thing shadowy and fleeting, changing its color as often as the chameleon."[785]

When Douglas could again get the floor, he retorted sharply, “The senator from Mississippi says, if I am not willing to stand in the party on his platform, I can go out.  Allow me to inform him that I stand on the platform, and those that jump off must go out of the party.”

Hot words now passed between them.  Davis spoke disdainfully of men who seek to build up a political reputation by catering to the prejudice of a majority, to exclude the property of the minority.  And Douglas retorted, “I despise to see men from other sections of the Union pandering to a public sentiment against what I conceive to be common rights under the Constitution.”  “Holding the views that you do,” said Davis, “you would have no chance of getting the vote of Mississippi to-day.”  The senator has “confirmed me in the belief that he is now as full of heresy as he once was of adherence to the doctrine of popular sovereignty, correctly construed; that he has gone back to his first love of squatter 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]