The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1848-07-12

the agents Of the people, have the power 10
leeisla,e for the Territories, so far as that pow.
er is given by the Constitution, and no further.
And if Congress has no power itself to prohibit
slavery, i: cannot confer that power upon the
territories.
The organic law of the territories is derived
from Congress, but Congress can confer no
power which it does not itself posses.
The object OF Legislation for the territories is
to prepare them to come into the Union as
States, and the prohibition of slavery is moi one
of the laws necessary for this object. II Is
Just as necessary, and the power is just as great
to say, that horses shall be excluded, as to say
that slaves shall he. Congress is the agent or
trustee Of the whole people. All have the
same rights, and are entitled to the same pro-
lection.
There had been but two instances in which
the power to prohibit slavery had been recoS.
missed by Congress; one was the ordinance OF
1857, and the other was the Missouri compro
mise. And in both these he denied the right
of Congress to establish any such principle.
Mr.. Horace Mann, of Massachusetts, the
successor of John Quincy Adams, concluded
the debate to .day, and made his first speech
since his election to Congress. tie had listen
ed, he said, with great pleasure to the speeches
ON the question of the next Presidency, but
there we're others which he deemed of more
Importance, and could better occupy their time.
MIR. Mann said we found ourselves in posses.
sion OF vast territory, but just acquired, and
we were called upon, in connection Herewith,
to lrgisate for unborn millions; to form the
cha aracter Of these who IN future ages were 10
occupy the slope Of the Rocky Mountains. In
a few years the trip between the Atlantic and
Pacific cities would he made in ten days, and
communication between the inhabitants OF
each would he made in ten minutes.
tie then proceeded to examine the constitution
al power of Congress to legislae for the terri.
tories. From precrdentS, he said. he would
sooner undertake to prove this power before
court, than to prove the power to elect 4 Presl'
dent OF the United States. The precedrnts
ware more nu:np rous than in the latter. lie
cited nam"rous cases to prove that Congress
has the power, and has always exercised It, L"
1egulate the eaislation of territories, and That
il il has the power in one case, II has IN all to
saw under what rcum>tances and what condi.
tions emgrants shall 90 to the territories
Congress having the ownership, has the right
to dictate The manner of disposal.
If slavery exists in the territories. emgrants
from the free States will not 60 there, tor they
know on what its prosperity depends. The
population of the free States is double that oi
the slave States, and one-hird of The population
of the United States should not be allowed to
keep out two.thirds. The number of persons
actually interested in the slave property, it was
estimated, did not exceed 1000 OOO.
The ordinance of 1877 had been attributed
to Nathan Dane OF Massachusetts, but it had
been introduced by Thomas Jefferson in 1854,
and might properly be termed the Jefferson
Proviso. Instead of preserving, the effect OF
extending was to destroy human rights. The
argument OF the gentleman from Virginia (hr.
Babcock) that if man catch horse IN state
of nature it is his property, and should he pro-
tected in its possession, he understood by analo.
gy 10 mean, that if one man catch another, in
a state OF nature, he is also his property.
He then proceeded to philosophical discus.
sion Of the evils and injustice OF slavery, and
the necessity to our prosperity ofits ex'irpa'""
The committee rose and the House ADJOURN
ed.-Baltimore Sun.
MISREPRESENTATION CORRECTED.
We have seen it stated that Gen. Cass spoke |
and voted in favor of the Willn" ProvIso. We
have seen nothing to Justify this charge. On
the contrary, the following article from the Mo-
bile Register. nails the lal>ehood TO the coun-
teri in most efeclual manner:
"The Wilmot Provi>o was iirst Offered at the
first session of the last Congress in The House
of Representatives and carried there. When
it reached the Senate, it was not taken up until
so nearly the end of the session that John Da-
Wis OF Massachusetts, talked in favor ot the Pro-
viso, in order to efeat the three million appro.
pration, until the session expired. No vote
was taken, and no debate had. Gen. Cass did
not speak at all.
"rhc next session the Proviso was moved in
the Spnae originally, as an amendment TO the
same bill, by Mr.. Upham. the Wing Senator
from Vermont. AGAINST this moiion General
Cass both spoke and uoted The Pr"vIso a.
mcnd,ncnt was Geeated-ayes 81, nays 81
majority against it 10. The 81 nays consisted
of rs Senators from slave holding States, and 5
from nan slave holding S.ates-viz' Bright and
Hanuesan ol Indiana Br"pse of Illinois, Dick.
inson Of New York, aud CASS Of Michigan.
"Gen. Cass made a speech on that occasion,
and ,he Elm his opponents have said that he re-
cogniz-d the principle ofthe proviso. while vo.
ting against it. This is not true. The whole
aim Of the speech was to establish the position,
,ba, the agitation aud discussion of the subject
pro or.con, and, a tortiori, the adoption OF the
provso, was out lime, out OF pace-in all re.
spec,s inrxp"dicnt, and would be of infinite EN-
barras.mrnl in the prosecution Of the war, then
existing [in the acquisition of'err'ory'] and in
:he conclusion of peace.
"In pursuance OF that view, he did not dis.
cus< the principle or policy of the proviso, as
permanent measure, much less intimate coin.
cidence of opinions with its mnver. He sim.