Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1848-06-30
NOTES
TO Lewis Cass's Letter on the WilmOt PrOvisO
NUMBER |.

"Thcir (tcrritories) relation to the general
government is very imperiectly defined by the
Constitution and it will be found, upon exam
nation, that in that instrument the only gran,
of power concerning them is conveyed in the
phrase. Congress shall have the power 10 dis.
pose of and make all needful rules and regula.
tons, respecting the territories and other proper.
ty belonging to the United States"
NOTE Lit is remarked by an old lawyer that
many authors have been spoiled of late by
No,es.-Mr. Cass observes of the Wlmot Pro-
viso 1t would be ill-timed TO discuss it here. -
lie has, however, attempted to sustain his posi-
ton by argument and, it is Dat justice to say, it
is the weakest of the arguments adduced Oh the
slavery side OF the question.
lie construes the expression, the Territory
and other property to relate to public lands, as
such to arsenals, forts, dock-yards, &c. &c.-
The authority " 10 dispose Of aa reg"iate these"
he contends. does not extend to the unlimited
power Of legislation. to the passage Of all lars,
in the general acccptation of the word" which,
he says, by the by, is carefully excluded from
the sentence He then confines the legisla-
tive power TO the rcgHiaion and disposal of prop
erty,' and excludes from its operation the con-
troll Of " the lives and persons Of our citizens"
It might be asked, are slaves property or per-
sons , But whence comes the power which
Congress has always exercised for the govern
mcnt oftbe territories Mr.. Cass says, "a more
enlarged power has been exercised over the ter.
riiores, than is conveyed by the limited grant re-.
/ ferrcd to-" But according to him this was ow-
| ing TO certain ilnperious circumstances to
an = existing necessity" and was ''rather vio-
lent implication - TO this absurdty has Mr..
Cass reduced himself, by his exposition of the
constitution, and by an entire omission to no..
tce the clear and ample words of the clause.
. to make all needtu rules and regulations, -
which is, by far, the most important part of the
phrase" No one has ever doubted the au.
thority Of Congress 10 erect territorial govern
men,s within the territory of the United States,
under the general language of the clause, "to
make all needlul rules and regulations. "-Storv
on The Constitution.
What shall be the form Of government estab-
lisLcd in the territories depends exclusively up
on the discretion Of Congress. Having right
to erect a territorial government, they may con-
fer on i, such powers, legislative, judicial, and
executive, as they may deem best.-B.
The power of Congress over the public terri
tory is clearly exclusive and universal; and
their cgslatonis subject to no control, &c.-B.
NoTE 2.-But is this, as Mr. Cass says, the on
" grant of power concerning territories, when
the prohibition of slavery therein, is the subject
under consideration =? upon examination
find this in the constitution Of our country -
"Thc migration or importation Of such persons
AS any of the States NOW EXISTING shall think
proper to admit shall not be prohibited by Con-
gress prior to the year 1908. In the language
of Mr. Sergeant, Why is this restraint upon
" the power of Congress, confined to the States
'' now existing? 2" 1t was to give to Congress
Z" the power, Immediately, to prevent the intro
"duction or slavery into the States to be formed.
" do not doubt that it had particular reference
{" to the ordinance of 1857, and was meant to
guard against the inference, that Congress
- had not the authority to complete the work
the ordinance had begun. For if the restraint
= had been general, comprehending the States
.to be forrnedas well as those existing, Congress
could not, within the twenty years, have pro-
Inhibited the emigration or importation of slaves
:. into the States to he admitted into the North
west territory; and then, one of two conse-
"qucnces must have followed either Congress
"would have refused to admit the States within
twenty years, which would not have been con-
sisent with the engagements entered into or
"thcy must have admitted them with the power
of receiving slaves, which would have been