The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-14
CONGRESSIONAL.
sPEECH OF MA. WALKER,
or WISCONSIN,,

In The SGsa,s, on Wednesday. The 9Th instant
The resolutions Of proposed compromise submitted by
Mr.. CLAY being under consideration,
Mr. WALKER rose and said
Mr.. PREsIDEsT propose to address myself to-
day mainly 10 the second resolution Of the series
offered by the senator from Kentucky, (Mr CLAY i
but, before | do 50, wish to submit few obser-
yaons upon the question Of the power of Congress 70
legsate Tor the Territories, and particularly in its bear
ing upon the question OF slavery. The senator from
Michigan [Mr. CAssl submitted 70 us few days since
argument deserving great considerations and one most
interesting n The points on which touched And. sI
is rare In the life Of who mnges in political mat
tiers 10 witness an exhibition OF greater submity than
presented 10 US when he arose and delivered his
views he did, and he must have felt. and has ac-
knowledged, in opposition 70 the sentiments and views
OF ne-tenhs Of the major half Of this Unon and in OPP
position to what 70 be the views and sentiments
OF the leading senators al least in the other II showed
an Independence Of thought an Independence Of feel
ing and spirit, which, must say is too rarely exhibited
in representative republic But notwithstanding all
regard to the powers o Congress In fact do not think
that after all the senator sad (and ably he touched
the real foundation Of the power Of Congress to egisate
over the Territories II the senator will permit to
ask him few questions think we can bring this sub
jec more plainly before the Senate shall do i for the
purpose, ii he be wrong and becomes satisfied OF IT, that
he may be afforded an opportunity of correcting his error
for believe the senator is one ho does not stereotype
but corects his errors And shall do it for the further
object that If wrong. may have the benefit Of his
ask the senator if he will permit if he admits or not
that the power to acquire territory is incident to the
war and treaty making power -
Mr. CASS No; not at ALL tits. as declared in my
speech, not an incident but part Of the treaty making
Mr; WALKER The answer is stronger than ex-
Mr. CASS II is the doctrine maintained in my
speech, and what maintain now.
Mr.. WALKER IL was the difficulty on this subject,
from the phraseoogy Of the senator's that led me
to make the inquiry which have. further inquiry
have to make Where the power to make war and
treaties vested before was delegated 10 this govern
Mr. CASS. Under the old confederation. does the
Mr. Mr.. WALKER. No, sir, before the States gave up
the power to the United States
Nj. CASS. We were mol an independent government
or republic before that Great Britain, Of course. had
MT. WALKER That is true, before the States were
independent but the import of my question is not under
stood, nor the answer 10 il given; ard will therefore
was delegated by the States, where did il reside!
Mr.. CASS. 1really do not understand the gentleman
There was certainly such power until the Union, the
Mr.. WALKER meant the question in no unkind.
Mr.. cAsS. Oh, certainly not have not 50 UNDER
MT. WALKER. My object was, that the view which
the senator entertained might be before the Senate.
will cease to interogae hun, however, and VIII state my
MI CASS am certainly willing to be intenogated
all day, and to all the questions which the sena
ator may put TO me- now repeat, that il understood
his question: would give il categorical answer. can
only repeat what said before, that until the States united
together, there common power to declare war 10
claim that there would be to claim that this is gov
ermen Of original powers which would be monstrous
Nj. WALKER. So I understood when asked the
The nsas answer @ must Be- that resided
with the States. II this is government OF delegated
powers the powers that delegated by the constitution
must have resided with those who had 10 make the dele.
gallon contend, then, that the power TO make war
and treaties rested with the States and that while II
rested there the senator has acknowledged this gov
ernment had nothing to do with IT, My object is to come
to the conclusion that this power is expressly deega
ted power, necessarily relative and incidental TO
delegated power as to be necessary and proper to the ex
erclse OF it.
TO be more explicit have asked the question whether
the senator admits denies that the 10 acquire ter
rltory incident to the war and treaty making
powerl and he gives me an answer stronger than ex
pected--that il is the power ITSELF then ask, where
the power to make treaties and TO acquire territories re
sided before il was delegated TO the United States and
the must necessarily be, that rested with those
powers who made the deegaiion-the States The next
question would be, that with the power to make wars
and treaties goes the power to acquire territory where
did the power govern the acquisition reside before the
power 10 acquire delegated Must not the answer
be- that the power TO govern was IN the power which
made the acquisitonihe States Intended 10 ask ths
further question: when power was delegated BY the
States TO the general government, were not the incidents
to that power also delegated II any one can give an an
swer IL the negative, would be glad to have him do it,
Mr.. CASS. The constitution, which gives the power.
carries the incident to that power with ii otherwise II
is not there and II it is not clearly there, " would oe IN
all respects violent construction which would de-
duce IT, But the power acquire is the power ITSELF
Mr. WALKER. My position is not understood. Whal
asked was, did the delegation OF power carry win y
Its incidensi This is not denied Then, IL the power TO
make war and treaties resided the States, and II part
OF the war and treaty ymakng power ~ the power 10 ac-
qure territory which necessarily carries with IT, as an IN
cident the power to govern the territory, and the dele
CATION OF a power is delegation OF the incident, whai
becomes oil that power, with It's parts and Incidents when
it il not only delegated TO the general government but s
exercise BY the States prohibited BY the constitution
Must il not be necessarily vested in Congress believe
this vie OF the subject has been presented in the
Senate before II has, have never seen or heard o
M II have never before heard II claimed that the
power to govern the Territories was an expressly dele
Mr. CASS. Has this government any powers which
MT WALKER have not coniended that has.
Mr. CASS Must we not 60 10 the constitution tc
Mr.. WALKER There is where am going and have
Mr.. cAss. No; the senator is going before the con-
stituton QRt
Mr. WALKER | ask the senator il the States could
delegate what they did not possessl
Mr.. CASS. What does the senator mean
Mr.. WALKER | mean that the States before they
delegated the powerto make wal and treaties
and thai they have only delegated the war and treaty
making power, OF which The power to acquire anu gov
territories acident and part, but that the con
stitulon prohibits its exercise by the States; and ina
consequently the power with its parts and Incidents mus
be vested in the general government
Mr.. CASS II the senator means that fhey nave no
- ..1 that In