The North-Carolina standard., 1848-09-13
,rN cAss AND Mr.. BADGER.

stated last Week IndI We cAPecpco 10 DC doIe
,onstrae, the satisfaction of every reasonable
as nDreiudiced man, that Gen. Cass occupied bet
SH' o,er ground on the subject of Slavery in Ter
T .n ~. than Senator Badger, This We now proceed
n' u. bv quoting from the Nicholson letter of the
HU and from the Speech of the latter.
', ~ Badger admits the Constitutional power of
rsss to prohibit Slavery in Territories and he
VUD tbe further ground, that New Mexico and Cali
n; being free, Slavery cannot exist there without
81 Of Congress to establish it. He says:
|ceulemen say that every American citizen has
Into 60 into the newly acquired Territory 1t
aMedIess to examine that, for no one proposes to
Tde them. But 1t is another and different ques-
eA' rhether he has right to carry slave there
I because the slave was recognized as property in
% % Sate from which he came, to insist that, there
US @ such slave shall be recognized as property in
\" Territory to which he goes. The Affirmative Of
i, question cannot, TN my opinion, be nnintGined!"
Cen. Cass Pre-supposes that Slaves win be carried
those new Territories, for he says he is in favor of
leaving it to the people of any Territory, which
,r be hereafter acquired the right to regulate it
rSirey1 for themselves, under the general princi-
IL, of the Constitution Mark his languages
destroy, not to abolish, but the " right to REeu-
,,rr That is, the right to deal with the institu-
aor depving Shareholders of their property
tho riUbt to enact laws, as we do in this State, to
GOVERN sIaves-to prevent them from assembling to-
1otber and engaging in riotous conduct, and in all
1espec to control them property and persons, so
- to prevent evil and produce benefit to society.
Mr. Badgerinsi that the power of Congress over
Slavery IN the 1errltores Is unlimited and supreme
He says:
81 hold that, among those subjects falling within
the constitutional power of Congress, is the entire
regulation of such territory as we may acquire, to
make such laws for it as may think best, and to
give political organization of such kind, and with
such restraints and limitations, as may prescribe.
Within this power is included theinroduction or ex-
clusion of slavery, according to our own Judgment
entirely independent and irrespective of the wishes
Of the people of the territory, any body else.''
The clause in the Constitution upon which Mr..
rles for this power, is as follows:
"Congress shall have the power to dispose of and
make all needful rules and regulations respecting the
Territory and other property belonging to the United
States" ...--... ..sr.
This is the clause and now what does Gen. Cass
say! Hear him! He says:
In various respects the Territories differ from the
States. Some of their rights inchoate and they
DO not possess the peculiar attributes of sovereignty
Their relation to the General Government is very inn
perfectly defined by the Constitutions and it will be
found, upon examination that in that instrument the
ony grant of power concerning them is conveyed in
power
pose of and make all needful rules and regulations
respecting the territory and other property Belonging
TO the United States" Certainly this phraseoogy is
very loose, if it designed to include in the grant
the whole power of legislation over persons we'll
things The expression the territory and other
property, fairly construed, relates to the public lands
such. to arsenas, dockyards, forts, and all the
iOus kinds OF property, which the United States may
and must possess.
But surely the simple authority to dispose Of and
regulate these, does not extend to the unlimited pow
of legislation to the passage of all La,Us, in the
most general acceptation of the word which, by the
By, is carefully excluded from the sentence. And,
indeed, if this so, it would render unnecessary
another provision of the Constitution, which grants
Congress the power to legislate, with the consent
Of the States, respectively over all places purchased
for the 8 erection of forts. magazines, dock-yards,
&C. These being the 'property' OF the United States
if the power to make needful rules and regulations
cencernng them includes the general power of leg
Baon, then the grant of authority to regulate ' the
territory and other property of the United States is
unlimited, wherever subjects found for its opera
dOn and its exercise needed auxiliary provision.
IT, the other hand it does not include such power
legislation over the other property of the Uni
ted States, then it does not include it over their " ter
10y - for the terms which grant the one,
grant the other. Territory is here classed with pro-
Paty, and treated as such and the object evil
dently to enable the General Government, pro-
ry-hoder-which, from necessity, it must be-to
manage preserve, and s dispose of such property
almost to its being But the lives and person of our
citizens with the vast variety of objects connected
with them, cannot be controlled by authority,
which is merely called into existence for the purpose
making rules and regulations for the disposition and
management Of property"
n Mr. Badger takes the ground that the Wilmot
POYiso is Constitutional; and that any application
/ Of it to new Territories would not be such 'hasty
and incOnsiderate action - would justify Presi-
\ enial veto.
Gen. Cass says he does not see in the Constitu-
ton any grant of power to- Congress to enact that
POviso He is opposed to Ton Constitutional grounds
NJ. Berrien, in his late able and conclusive Speech
the Senate of the United States, in favor of Mr..
Chyton's Compromise, says: sc If thought that in
Hc law our right could not be maintained with the
CONVECTION which have of the undoubted equity of
The claim of the South to participate in all acquisi-
ions made by the expenditure of the common blood
and treasure of all the States, I,UOuH haze remained
dtnt and ,couH hare left the argument to be sustain
Sy those uUho to profit 6y its GLosOance" But
lot so with Mr.. Badger. He not only denies what
Gen. Cass contends for-our Constitutional right to
&cupy these Territories with slayes-but instead
remaining silent, as Mr.. Benien would have done
'nder the same circumstances, he comes forward,
'A in labored argument, attempts TO PrOre that we
lave no such right -s..s, j. 1sfisss - .r'
Zen. Cass says the people of the Territories ' are
N"ss capable of regulating their internal concerns
a"the people of the States; and they can do so, at
any rate, as soonras their political independence is
ScOgnzed by admission into the Union" He then
fnnal- n - Il Co.(