the common Territories,
and there hold and enjoy the same while the territorial
condition remains.
"5. _Resolved_, That if experience should at any time prove that
the judiciary and executive authority do not possess means to
insure adequate protection to constitutional rights in a
Territory, and if the Territorial government shall fail or
refuse to provide the necessary remedies for that purpose, it
will be the duty of Congress to supply such deficiency.[14]
"6. _Resolved_, That the inhabitants of a Territory of the
United States, when they rightfully form a Constitution to be
admitted as a State into the Union, may then, for the first
time, like the people of a State when forming a new
Constitution, decide for themselves whether slavery, as a
domestic institution, shall be maintained or prohibited within
their jurisdiction; and they shall be received into the Union
with or without slavery, as their Constitution may prescribe at
the time of their admission.
"7. _Resolved_, That the provision of the Constitution for the
rendition of fugitives from service or labor, 'without the
adoption of which the Union could not have been formed,' and
that the laws of 1793 and 1850, which were enacted to secure its
execution, and the main features of which, being similar, bear
the impress of nearly seventy years of sanction by the highest
judicial authority, should be honestly and faithfully observed
and maintained by all who enjoy the benefits of our compact of
union; and that all acts of individuals or of State Legislatures
to defeat the purpose or nullify the requirements of that
provision, and the laws made in pursuance of it, are hostile in
character, subversive of the Constitution, and revolutionary in
their effect."[15]
After a protracted and earnest debate, these resolutions were adopted
_seriatim_, on the 24th and 25th of May, by a decided majority of the
Senate (varying from thirty-three to thirty-six yeas against from two to
twenty-one nays), the Democrats, both Northern and Southern, sustaining
them unitedly, with the exception of one adverse vote (that of Mr. Pugh,
of Ohio) on the fourth and sixth resolutions. The Republicans all voted
against them or refrained from voting at all, except that Mr. Teneyck,
of New Jersey, voted for the fifth and seventh of the series. Mr.
Douglas, the leader if
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