Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1849-07-30

Congress has justly possessed II, in order to ascer
tain to what extent it may be exercised. In al
most ALL believed may say in all-the speeches
and ESSAYS in support of the power Of Congress to
legisa,e over slavery, after endeavoring vaguely
10 deduce it from some clause or other of the
stitution, the principal reliance is at last upon the
authority of the few instances of its exercise to be
found in the statute books. Authority and prece-
dent have weight, and ought to have some weight,
in doubtful questions bat trust there are few to
be found who are prepared to shut the consttu-
ton, and to seek in the practice of the govern
ment the foundation of its power; and more espe-
cally when, as in this case, the early legislative
proceedings passed, as we have reason to believe
without objection OF inquiry. They commenced
by adopting the provisions Of an ordinance of the
old government TO the administration Of the new
one, and thus implicitly recognizing the exclusion
of slavery, and seem to have gone on silently and
unquestionably for years. have not had time to
look back to ASCERTAIN the facts precisely; but
believe it will be found that this power has never
been exercised where there was united sectional
opposition to it. Psecedent may weigh much in
the consideration of doubtful question, where the
whole subject has been maturely considered, and
many minds have been brought to bear upor its
adjustment. But as the foundation of political
power practice thus introduced is of little value;
particularly when it comes to involve grave ques-
ticns seriously affecting the Union. We turn then
instinctively from What has been done to what
ought to be done--fram the authority Of precedent
to the authority Of the constitution. These are
times which try such questions. WHO en- woR-
der, that with the views entertained Of this SUBJ
ject by the South, all appeal should be made to
the common charter of lhe country, or that large
portion ofour citizens should be satisfied with no
answer not derived from it? That what has been
must continue to be, is principle which has done
more to perpetuae abuses than all the other eau
ses which haye operated upon political institu-
tions.
Those who advocate and those who oppose the
Wilmot Proyiso occupy~yery different positions;
The former urge its adoption as matter Of expe
dency, in order to exclude slavery from the new
y acquired territories, where it does not exist, and
where it cannot be denied that this exclusion is as
morally certain without it as with it; while the
the latter all oppose this measure on the.ground
of its consttntionality, and large portion Of the
Union on the ground also Of its interference with
their rights and feelings. The contest to which
this subject has given rise has already been pro-
ductive of the worst consequences. For two years
it has prevented all legislation over most impor-
tant regions, and has left them without govern
ment, and in state of social disorganizatiop, to
our own reproach and to the surprise Of the world.
do not believe there is another country on the
face ofthe earth which would have permitted such
state of things. And how long is it to continued
Is California to become prey to intestine dssen-
sions in the absence of all law, or is to be driven
to separate FROM rs because we neglect to dis
charge one Of our first dutes-a duty of necessity
that of organizing government for the people
who inhabtit? Those who oppose the Wilmot
Proyiso on the ground Of its unconstitntonality
surrender their opinions and vote for it.
Those who have heretofore advocated its adoption
! may well abandon il, convinced, as they must be,
that their object will be as well attained without
it as with it. It appears to me one of the most
barren questions that ever divided country : bar
rem in useful results, but fertile in difficulties and
dangers ] freely confess that look with amaze
ment upon the zeal aHd pertinacty displayed in
urging this measure under these circumstances,
and augur from them the worst consequences
These my sentiments. They will give Of
fence to many, and vii expose me to much oblo-
guy. But do not hesitate thus openly to ayow
them; for every public man who is not prepared
to take decided part agreeaby to his conyic-
tions in times like these, is not prepared to dis
charge one of the first dates which belongs to his
position. "Foinsure domestic tranquility" in
the words of the constitution, was Of the great
motives of the people of the United States in the
organization Of their present government. Mea
sures which may endanger that tranquility should
be scrntini2ed with great caution, and never a
doptsd but in the last necessity, aud then with
great reluctance.
am, dear sir, with great regard, truly yours.
LEW. CASS.
THOMAS RICHIE ESD