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[306] having been withdrawn, the vote was declared: for Pennington 117; John A. McClernand, Dem., 85; John A. Gilmer, Amer., 16; and there were 15 scattering. Mr. Henry Winter Davis, of Md., who had hitherto voted with the Americans, now cast his vote for Pennington, and elected him — he having the exact number necessary to a choice. John W. Forney, anti-Lecompton Dem., was soon after elected Clerk by a close vote.

The majority in the Senate was not merely Democratic of tile Lecompton or extreme pro-Slavery caste; it was especially hostile to Senator Douglas, and determined to punish him for his powerful opposition to the Lecompton bill, by reading him out of the party. To this end, Mr. Jefferson Davis submitted1 an elaborate series of resolves, whereof the following is the most material:

4. Resolved, That neither Congress nor a Territorial Legislature, whether by direct legislation or legislation of an indirect and unfriendly nature, possess the power to annul or impair the constitutional right of any citizen of the United States to take his slave property into the common Territories; but it is the duty of the Federal Government there to afford for that, as for other species of property, the needful protection; and, if experience should at any time prove that the Judiciary does not possess power to insure adequate protection, it will then become the duty of Congress to supply such deficiency.

These resolutions he modified, “after a conference with friends,” and submitted afresh2 presenting the material proposition in this shape:

4. Resolved, That neither Congress nor a Territorial Legislature, whether by direct legislation or legislation of an indirect and unfriendly character, possesses power to annul or impair the constitutional right of any citizen of the United States to take his slave property into the common Territories, and there hold and enjoy the same while the territorial condition remains.

The discussion of the series consumed a large share of the time and attention of the Senate during the entire session. It ultimately transpired that they were the work of a “Lecompton” or regular Democratic caucus, and that their ulterior object was the reading of Mr. Douglas, and other tenacious champions of “ Popular Sovereignty,” out of the Democratic party. At length,3 the Senate came to a vote on the first of the series, which was as follows:

1. Resolved, That, in the adoption of the Federal Constitution, the States adopting the same acted severally as free and independent sovereignties, delegating a portion of their powers to be exercised by the Federal Government for the increased security of each against dangers, domestic as well as foreign; and that any intermeddling by any one or more States, or by a combination of their citizens, with the domestic institutions of the others, on any pretext whatever, political, moral, or religious, with a view to their disturbance or subversion, is in violation of the Constitution, insulting to the States so interfered with, endangers their domestic peace arid tranquillity — objects for which the Constitution was formed — and, by necessary consequence, tends to weaken and destroy the Union itself.

This resolve was aimed directly at the Republicans, and was passed by a strict party vote — that is, by the votes of all others in the affirmative, against the Republicans in the negative: Yeas 36; Nays 19.4

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