The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-06
CONGRESSIONAL.
REMARKS or mn. cAss.

On the IeITHOTtuS QuesffOus tHe orHuic
Monday, june ., 1880
Mr.. CASS said Mr. President letter Of mine, which
TO have become somewhat historical has been so
often referred to in this discussion and many eonsruc
read portion OF il. that Il may speak for itself Like
The leaves of the Sybis, if il has any meaning, il would
own way, or. in fact 10 no way al all NV friend from
louisiana MIR. DowNs has remarked that the Senate
has already been copounded with number OF expana-
lions of that letter Sir repeat again, what said
phacally upon former OCCASION that il any man mis-.
understands that letter. the aull is his, not have
heretofore appealed upon thus subject and have inquired
whether al the time my Nicholson letter appeared,
not distinctly understood that il took the ground have
since taken, that the inhabitants OF Territory have
right, subject Of coure TO the limitations Of the
stntion, 10 regulate the subject OF slavery for them
selves; and especially the appeal directed to the
southern senators who here the time the letter APP
peared some OF whomand especially the senator from
South Carolina br BuTERl and the senator from Mis-
sssppi MIR DAvIslsgnifed their assent 10 my PROPOSE
tion. will read portion OF the letter, to show that it
ought not to be misunderstood Speaking OF the right to
establish territorial government, say:
Bur certain L. that the Princple OF rerence should
not be carried beyond the necessary implication which
governments for countries, acquired settled, and 10
provision tor their eventual admission into
the Union; tsaping in TIE time 10 the people
habfirg them 10 regulate heir atdna concerns ~ their
oun ray
Is there one man on this floor who has now any doubt
as the true Interpretation OF this letter Now that the
excitement oil election has passed away, and all
look cooly at things they are there any man here
elsewhere VINO can put any Otlef CONSTRUCTION
this letter than thai which its words plainly import Thai
IN The time, during the pendency OF the territorial
governments, they should be allowed to manage their
own concerns in their own wayg Does not slavery
come within this category l. il not domestic concerns
Is not thatthe doctrine OF the South-of common sense
deed! No territorial government :-as ever established
which had not power 10 regulate the domestic relations
oil husband and wife, OF parent and child and OF guardian
and ward; and If the inhabitants competent to
age these great interests and, indeed the interests be-
longing all the departments of society, including the
issues of life and death, they competent
age The relation of master and servant involving the
Mr. President there has been good deal said to-day
upon the subject of the rights OF the Territories. |
not going into the discussion OF that subject at all
have already occupied my full share OF the attention Of
the Senate in the explanation OF my views respecting it,
The distinguished senator from Massachusetts Mr. WEE
sTERl says have sovereignty the Territories
TO be led from my path by h-t word sovereignty
which we have often heard invoked here, though
were kind OF open which opened all the power
to the general government II you find that word in
the constitution, which you cannot and that confes
any authority upon Congress- be it there end OF
the question: and may lawfully exercise what thus
granted But If the word Is not there, what right have
you introduce here the foundation OF COMPRESSION
al power My doctrine is ths-l have already explained
length, and shall but briefly refer il, the
subject in my way-ny doctrine, say, is this, that
there provision in the constitution prov ldng for the
establishment of territorial governments; and without
going into the matter ALL would only remark, that The
various clauses and considerations in the constitution and
OF the constitution, which have been adveried to sup
port Of the power think Classification of them makes
hleen-and the reasons qate various urged to esab
sh hem are enough were there no other reasons 10 call
question the right IN Cong To regulate this subject
plain words would have settled the matter forever
had The convention intended grant tine power They
not here, nor anything like them and driven
to forced Interpretation and TO remote anaoges for great
political power, instead OF being able 10 hnger upon
the grant itseE My position that for certain reasons,
which will recapulae, have already explained
them al length the necessity Of providing governments
Tor territories neither foreseen provided for such
governments having already been instituted by the old
Congress in all the territory belonging 10 the United States,
and new acquisitions not being within the con-
temptation OF the OF that period NV doctrine
furher is that s the moral duty OF any country max
ing acquisitions, 10 take that they supplied with
governments sgreeaby to the Of their institutions
Il is of the duties OF sovereignty you please
for that is using the word to legitimate purposedefn
ng il does, certain relations, and not being made TO
convey power to any department ot government owing
s 10 the popular WILL and deriving lis author
" from written constitution, which whholds all that
granted The American people the true sover.
egns Of this country and entitled such exercise all
power which fairly belongs 10 that relation. But no de-
arnent OF their government can have such powers, un
der this attribute OF sovereignty, unesst - expressly
conferred upon II granted reserved 10 the
people. Now, have said, acknowledge the duty Of
providing governments for the Territories bat the peo-
pie have not granted that authority, when the case
and Congress acts upon IL, they yield pressing
necessity, and must throw themselves upon Their
stuens ior justification Il they believe there s Just
necessity for action, they will be supporied fnot, they
must fan In such case should hesitate thus TO
act and would eheerfuy leave my constituents TO ap
Prove condemn my This was the very Eecss-
afy which induced the Congress Of the conederacy 10
institute governments for the Northwestern Territory,
there not particle Of power in the aEiicles OF con.
eaeraon upon the subject and which ~ The opinion OF
Mr. Madison justified their action; and il is the RtgHG-
be consequence the opinion OF Judge Marshall, where
he deduces the right rather the duty OF government
from the power OF acquisition. Ii similar necessl
", growing out OF the circumstances OF the country,
which induced Mr. Jefferson assent TO the mplcon
Of the arrangements for The acquisition Of Louisiana
while he warrant 10 the constitution for the act
Now, your power founded upon the necessity oi
The case, should be carried further Than that
The Territories. not congressional legislation their
internal and should therefore stop the
former, and leave the latter the people To show that
there not the slightest necessity for Congress 10 act the
part OF territorial Legislature, enough 10 they
have done The Territories have always legis-
ated for themselves, and the few OF interference
with their internal concerns by Congress- 10 be found
upon the statute books, useless and unnecessary
crptons which but the iorcby establish the gen.
Competent TO legisate fer themselves and life, liberty
and property have been well protected there else
where Then, where the necessity ceases, your action
should cease.
NV views on another point being misunderstood, /
will briefly refer thsm My doctrine was, and H. that
the people OF the Territories have night 10 legsae for
themselves. | speaking formerly ni Territories or
aanized into political communities by the action OF Con-
gess and the process BY which denced this attribute
where the United States refuse neglect 10 institute
governments Tor new acquisitions, hold to be the
right of the people TO provide governments Tor tnem-
selves do not intend 10 argue that pcint with any
man He who does not feel and acknowledge that clear
right OF self preservation inherent in every community,