Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1848-06-30
NOTES
TO Lewis Cass's Letter on the WiImot Proy,,o
NUMBER III,

NUMBER Ill.
NoTE 5.--In order to aDpreci,,o the nosi,;or
oil Mr. Cass, something of the action Of the gov
ernmcnt should be known, and certain dstinc.
TONS taken in the discussion on the Missouri
question, should be stated What has lon1
been regarded as settled and established ought
also to be presented.
Some men there were, of great minds, who
commended in the discussion upon the Missouri
question, that the restriction could not be Con.
siitutionaly imposed upon States to be admitted
(Let the distinction between States and terrific
RES be born in mind for the benefit of Mr.. Cass)
Of those who thus contended, and advanced the
strongest arguments in support of the position,
was Judge McLane. lie contended, among
o'ber things, that Congress did not possess the
Constitutional authority to impose the restric-
ton upon the State of Missouri. But observe
his language in reference to territory:-" The
right to govern territory is clearly incident
" to the right of acquiring it. 1t would be alb
"surd to say, that any government light pur.
"chase a territory with population, and not
have the power to give them laws; but from
"whatever source the power is derivabe, I ad-
nit it to be plenary, so long as it remains in
" a condition Of territorial dependence, but no
Longer. ! am willing. at any time, to exer-
90 else this power" Mark the word absurd.
The result Of the powerful discussion on the
Missouri question is thus presented in Niles
Register ofthat date -" The votes on this ques-
g ton concusiyely prove that large majority
" in both houses, were of opinion that Congress
d" had Constitutional right to inhibit slavery in
% the territories of the United States, without
g their original limits though many, adverse
= to the restriction in Missouri may have thought
50 it ineXpedient to impose such restriction. The
territory North Of thrty-six and half degrees
g North latitude is FOREVER" forbidden TO be
"peopled with slaves, except in the State of Mis-
souri,. The right then to inhibit slavery in
"any of the territories, is clearly and complete
"ly acknowledged, and it is conditioned as to
some of them, that even when they become
'' States. slavery shall be forever" prohibited
. in them
With regard to the authority of Congress to
impose the restriction eren upon The States to b
admitted, it may not be amiss to quote again
from one. who for his excellence and pre-emi-
nent genius, will live on with the Republic,
though he has now "touched upon his last
hour" Speaking of the admission of Missouri
Judge STORY says -" On that occasion, the
+ "question was largely discussed, whether Con-
i" gress possessed a Constitutional authority to
impose such restriction, upon the ground,
. that the prescribing Of such condition is in
consistent with the soyere guty of the State
"to be admitted. and its equality with the other
= States. The final result Of the vote, which
authorized the erection Of that State, seems
:" to establish the rightful authority Of Congress
:" to impose such restriction, although il was
4" not then applied. In the act passed for this
purpose. there is al express clause, that in all
territory ceded by France to the United States
" under the name of Louisiana, which lies North
= of thirty-siX degrees and thirty minutes North
latitude, not included within the limits Of the
" State of Missouri, slavery and involuntary
servitude, otherwise than in the punishment
"oi crime, whereof the parties shall have been
duly convicted, shall be and is hereby forever
prohibited. An objection of a similar charac-
" ter was taken to the compact between Virginia
and Kentucky upon the ground, that it was 4
- restriction upon Safe sovereignty. But the
Supreme Court had no hesitation in overruling
1T AS OPPOSED BY THE THEORY OF ALL FREE
"GoVERNMENTs, AND ESPECIALLY OF THOSE,
(WHICH CONSTITUTE THE AMERICAN REprB.
Lies"
have one more fact to present, which will
be brief and carry with it its own comment I
shall then close these hasty notes with brief
consideration of Mr. Cass's position with refer
ence TO the present wants and circumstances Of
the country.
ClVlS NATUS.