Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1848-10-20
GEN. CASS NICHOLSON LETTER.
WASHINGTON, Dec. "a, 1S47

|
You ask me whether am in favor of the
acquisition of Mexican territory. and what are
my sentiments with regard TO the Wilmot Pro-
viso
have so often and so explicitly stated my
views Of the first question, in the Senate, that
it seems almost unnecessary TO repeat them
here. AS you request il, however, snail
briefly give them.
think, then, that no peace should De grant
od n Mexico IN a reasonable indemnity is
obtained for the iniuries which she has done
nc The territorial extent of this indemnify
;s in the first instance, subject of executive
consideration. There the constitution has
nJaced if. and there | am willing to leave it :;
not only because ! have full confidence in its
iudic;ons exercise, but because, in the ever
varying circumstances of a war, it would be
indiscreet, by public declaration, TO commit
the country to any line OF indemnify, which
might otherwise be enlarged, as the obstinate
injustice of the enemy prolongs the contest,
with lis loss of blood and treasure.
1t appears to me that the kind of metaphys-
cal magnanimity, which would reject all in
demnitY at the close of bloody and expen-
sive war, brought on by direct attack upon
our troops by the enemy, and preceded by a
succession of un INST acts for series of years,
is as unworthy of the age in which we live,
as il is revolving to the common sense and
practice of mankind. II would conduce but
| little 10 our future security, or, indeed, to our
present reputation, to declare that we repudi-
ate all expectation of compensation from the
| Mexican government, and are fighting, not for
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
accommodation. All wars are 10 be depre-
Gated, as well by the statesman as by the phi
| lanthropist. They are great evils; but there
are greater evils than these, and submission
to injustice is among them The nation,
which should refuse 10 defend its rights and
its honor, when assaiIed, would soon have
neither TO defend and when driven TO war, it
is not by professions of disnterestedness and
declarations of magnanimi;y, that its rational
objects can be best obtained, or other nations
| taught lesson Of forbearance-lhe strongest
security for permanent peace. We are at war
with Mexico, and lis vigorous prosecution is
the surest means Of its speedy termination, and
ample indemnity the surest guaranty against
the recurrence of such injustice as provoked it.
The Wilmot Proyiso 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 that
a great change has been going on in the pub
lie mind upon this subject-in my own as we'll
as others and that doubts are resolving them
selves into convictions, that the principle it
involves should he kept out of the national
| legislature. and left to the people of the con-
federacy in their respective local governments.
The whole subject is comprehensive one,
and fruitful of important consequences 1t
II
not assume that responsible task, but shall
confne myself 10 such general views as are
necessary TO the fair exhibition of my opin-
) ions.
We may we'll regret the existence of slave
ry in the Southern States, and wish they had
been saved from its introduction. But there
it is, and not by the act of the present genera
ton and we must deal with it as a great
: practical question, involving the most momen-
tous consequences. We have neither the right
nor the power to touch It where it exists; and
if we had both, their exercise, by any means
heretofore suggested, might lead to results
; which no wise man would willingly encoun.
ter, and which no good man could contemplate
without anxiety.
The theory OF our government presupposes
that It's various members have reserved tc
themselves the regulation of all subjects rela.
ting to what may be termed their internal DO.
lice. They are sovereign within their boun.
> daries, except in those cases where they have
> surrendered to the general government por.
ton of their rights, in order to give effect tC
, 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 10
any other relations, domestic or public, are
left to local authority, either original or deri-
vative. Congress has no right TO say thai
there shall be slavery in New York, or thai
there shall be no slavery in Georgia nor is
there any other human power, but the people
of those States, respectively, which can change
the relations existing therein and they can
: say, if they will, We will have slavery in the
former, and we will abolish it in the latter.
In various respects the Territories differ from
the States Some of their rights are inchoate
2 and they do not possess the peculiar attribute:
! of sovereignty. Their relation to the genera
government is very imperfectly defined by tht
! constitution and it will be found, upon ex
2 animation, that in that instrument the onl,
r grant OF power concerning them is conveyed
Y in the phrase, " Congress shall have the pow
I er to dispose of and make all needful rule
: and regulations, respecting the territory ant
1lLel property ucIoliSlItS W Ile OIlIleu OldteS.
; Certainly this phraseology is very loose, if
+ were designed to include in the grant tn
t whole power of legislation over persons, a
well as things. The expression, the terrific
n ry and other property" fairly construed, re
S lates to the public lands, as such, TO arsenals
n dockyards, forts, ships, and all the varou
= kinds of property which the United States ma,
/; and must possess.
e But surely the simple authority to dispose o
e end regulate these. does not extend to the un
i limited power OF legislation; to the passage O
e all lawS, in the most general acceptaton of tn
II word which, by the by, is carefully exclude
II from the sentence. And, indeed, if this wer
so, it would render unnecessary another pro
vision of the Constitution, which grants t.
: Congress the power TO legislate, with the con
sent of the States. respectively. over all place
: purchased for the "erection of forts, magazines
y arsenals. dock yards" sc. These being III
$ property of the United States, if the powe
y to make " needful rules and regulations con
cerning'' them includes the general power G
Legislation, then the grant of authority to reg
= ulate The territory and other property of tn
United States is unlimited, wherever subject
IS are found for its operation, and its exercs
IS needed 40 auxiliary provisions. If, on III
n other hand If does NOT incln1a Such po1uor n