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Davis, Jefferson, 1808-1889

"The Rise and Fall of the Confederate Government"

"
Upon that, Mr. Clay said:
"Mr. President: I thought that upon this subject there had been a clear
understanding in the Senate that the Senate would not decide itself upon
the _lex loci_ as it respects slavery; that the Senate would not allow
the Territorial Legislature to pass any law upon that question. In other
words, that it would leave the operation of the local law, or of the
Constitution of the United States upon that local law, to be decided by
the proper and competent tribunal--the Supreme Court of the United
States."--(_Appendix to Congressional Globe_, Thirty-first Congress,
first session, p. 916.)
That was the position taken by Mr. Clay, the leader. A mere sentence
will show with what view I regarded the dogma of non-intervention when
that amendment was offered. I said:
"But what is non-intervention seems to vary as often as the light and
shade of every fleeting cloud. It has different meanings in every State,
in every county, in every town. If non-intervention means that we shall
not have protection for our property in slaves, then I always was, and
always shall be, opposed to it. If it means that we shall not have the
protection of the law because it would favor slaveholders, that Congress
shall not legislate so as to secure to us the benefits of the
Constitution, then I am opposed to non-intervention, and shall always be
opposed to it."--(_Appendix to Congressional Globe_, Thirty-first
Congress, first session, p.


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