Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1848-01-07
GEN. CAss' LETTER.
From the vva.hInron Union.
WAsnINcroN, Dec. "a, 1s4.

st,';s; go ~. ns Msv;can territory, and what
.4tIs.son - with regard to the Wilmot
u.s. $50 often and so explicitly stated my
,.;a,.s f the first question, III the Senate, that
:, seems almost unnecessary 10 repeat them
here AS you request it, however, | shail
briefly give them
I think, then, that no reace should be grant
ed 10 Mexico, till reasonable indemnify
obtained for the injuries, which she has oohe
u.s. The territorial extent OF this indemnify
is. in the first instance, subject OF executive
consideration. There the constitution has
placed II. and there I am willing to leave It
not only because have full confidence IN It's
iudicious exercise, but because, IN the ever
VARYING circumstances of war, 1t would be
indiscreet, by public declaration, TO commit
the country 10 any line of indemnity. which
might otherwise be enlarged, as the obstinate
injustice of the enemy prolengs the contest,
with its loss of blood and treasure.
1t appears 10 me that the kind of metaphysi-
cal magnanimity, which would reject all in
dennity at the close of bloody and expen-
sive war, brought on by direct attack upon
our troops by the enemy, and preceded by
succession of unjust acts for series OF years
is as unworthy of the age in which we 1--we,
as it is revolving 10 the common sense anu
practice of mankind 1t would conduce but
little to our future security, or. indeed 10 our
present reputation, TO declare that we repudl-
ate all expectation of compensation from the
Mexican government, and are lighting, not Tor
any practical result, but for some vague, per-
haps some philanthropic object, which escapes
my penetration, and must be defined by those,
who assume this new principle OF national IN
A hoI
Gated, as well by the statesman as by the phi
lanthropist. They are great evils but there
are greater evils than these, and submission
10 injustice is among them. The nation,
which should refuse to defend it's rights and
It's honor, when assailed, would soon have
neither 10 defend and when driven to war, II
is not by professions of dlsinterestedness and
declarations of magnanimity, that its rational
objects can be best obtained, or other nation:
taught lesson of forbearance-the stronges
security for permanent peace. We are at wal
with Mexico, and its vigorous prosecution II
the surest means of its speedy termination, anC
ample indemnity the surest guaranty agains
the recurrence of such injustice as provoked 1t
The WilHDt ProViso has been before the
country some time. 1t has been repeatedly
discussed in Congress, and by the public press
am strongly impressed with the opinion tina
a great change has been going on in the pub
lie mind upon this subiect-in my own as wei
as others and that doubts are resolving them
selves into convictions, that the principle
involves should be kept out Of tie nationa
legislature, and left to the people OF the con
federacy in their respective local governments
The whole subject is a comprehensive ore
and fruitful of important consequences.
would be ill.timed TO discuss it here. shall
not assume that responsible task, but shall
confne myself 10 such general views as ar
necessary to the fair exhibition of my opin
ions.
We may we'll regret the existence of slave
~ in the Southern States, and wish they ha
been saved from its introduction. But Their
it is, and not by the act of the present genera
ton; and we must deal with it as a grea
practical question, involving the most momen
tous consequences. Wehave neither the RICH
nor the power to touch it where ii exists; AM
if we had both, their exercise, by any mean
heretofore suggested, might lead to result
which no wise man would willing y encoun
ter, and which no good man could contemp!at
without anxiety.
The theory OF our government presuppose
that its various members have reserved Il
themselves the regulation of all subjects rela
ting to what may be termed their internal pc
lice. They are sovereign within their boun
daries, except in those cases where they hav'
surrendered to the general government a por
ton of their rights, in order to give effect It
the objects of the Union, whether these con
Germ foreign nations or the several States them
selves Local Institutions, if | may so speak
whether they have reference to slavery, or t
=. I1o ar
left TO local authority, either original or derI
vative. Congress has no right to say tina
there shall be slavery in New York, or tina
there shall be no slavery in Georgia; nor !
there any other human power, but the peopl
of those States, respectively, which can chang
the relations existing therein and they Cal
say, if they will, We will have slavery IN tn
former, and we will abolish it in the latter.
in various respects the Territories differ from
the States. Some of their rights are inchoate
and they do not possess the peculiar attribute
of sovereignty. Their relation to the genera
government is very imperfectly defined by tn
constitution and it will be found, upon ex
animation, that in that instrument the onl
grant of power concerning them is conveye
in the phrase, " Congress shall have the pow
er to dispose of and make all needful rule
and regulations, respecting the territory an
other property belonging to the United States.
Certainly this phraseoogy is very loose, If
were designed 10 include in the grant tn
whole power of legislation over persons, a
well as things. The expression, the "territc
ry and other property" fairly construed, re
lates to the public lands, as such, to arsenal'
dockyards, forts, ships, and all the variou
kinds of property, which the United State
may and must possess.
But surely the simple authority to diSpo.
Of and regulate these, does not extend to th
unlimited power of Legislation 10 the passag
of all Latos, in the most general acceptaton {
the word; which, by the by, is carefully eS
cludej from the sentence. And, indeed.
this were so, it would render unnecessary ar
other provision of the constitution, whic
grants to Congress the power to legislat
with the consent of the States, respectiveI,
over all places purchased for the "erection
forts. magazines, aFsenals, dockyards, &c. -
These being the "property' of the Unite
States, if the power to make "needful rul
and regulations concerning them includes Il
general power of legislation, then the grant
authofiIy 10 regulate the territory and 9TH
property OF the United States" is unlimite,
wherever subjects are found for its operation
and its exercise needed no auxiliary provision
If, on the other hand, it does not include snc
power of legislation over the " other pronert1
of the United States, then it does not incln5
it over their terrltory;" for the same tern
which grant the one, grant the other, {" TIE
ritory' is here classed with property, al
treated as such and the object was evident