Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-01-26
CONGRESSIONAL:
SPEECH OF Mn. CAss,
OF MICHIGAN,
IN RELATION TO THE wILMOT PROvIso.

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pnL.yxarD IN THE SENATE TIE 2lsr AND 22DJAsUARr
The Senate having proceeded the consideration Of the spe
cal order being the resolution offered by Mr. FooTr, as
follows &
esoed That it is the duty of Congress this session
10 establish suitable Territorial Governments Tor CALIFORNIA;
for Deseret, and for New Mexico
Mr. CASS. The resolution of the Senator from Missis-
spp is an abstract one calling for actual legislation As
such shall not vote upon it, nor does the Senator himself
call for VOTE Its principles practically applied in bills pro-
yidnr for the government Of in the acquisitions
when the whole matter will up In form requiring le-
esotion But the notice Of the Senator from New Hamp-
SHIRE that he intended to the application OF the Wmo
proyiso 10 this resouion opens that subject for discussion
and with the permission Of the Senate, propose 70 express
my views upon il at this time
There arc principal questions involved IN the conro-
sersy respecting the Wimct siso indeed there are W
al. e egsian Of Congress fs wheter that aasasure W.
constitutional and next if constitutional whether Il IS ex
pedien The observations propose to oer VIII DC dected
chiefly 10 the question though before close,
shall submit brief remarks upon the expedency OF ex-
ercsng this power, il we possess It.
Before however, proceeding the investigation Of cur
rights or duties connected with this poposon there are
some preliminary considerations essential to the progress OF
the ipquiy and to just conclusion, to which beg leave to
call the attention Of the Senate.
In the discussions which have taken place upon this sub
jec formerly and recently all those who have conended for
the power Congress pass this Wmot poyiso have con-
tended for general and unlimited power Of legislation
the Territories. know of exception TO the universay
Of this proposition The right to institute governments, and
the right egae the internal concerns OF those dis
tant communities used as convertible terms without re-
cognsng without acknowledging any difference IN the
principles themselves, in their practical application And
this disregard Of Of the Of freedom halowed by
our revolutions s not confined to the discussions here
but every whereo the judicial tribunals, and to the
commentators whose habits Of investigation more favora-
bic to calm and searching inquiry than ours can be-
Mr. Sargent in his constitutional law, when ne says the
power of governing and OF egisaEg for territory Is the
inevitable consequence of the right acquire territory evi
deny conounds this exercise of two different IN
their origin their operation And Judge Story takes the
saying in place, "that as the Government
possesses the right acquire territory would seem TO fol
low that possesses the power govern what has 90 ac
aued 7; and in another ,he power of Congress the
public territory clearly exclusive and universal and their
legislation is subject control, DC. And so does Mr.
Rawe who says that the power of governing and OF egis-
lang for Territory may be the inevitable consequence OF
the right to acquire territory, &c.
And the recorded opinions of of the Judges
told that Congress has "pienaiy power and complete u.
rsdiction " without limitations, over the Territories And
these Deductions for they only deductions made with
as much cooness Lord Mansfield could have exhibited had
be been called upon decide the validity of the Boston Port
BILL or of the wica declared sha his majesty in par
Lament Of right had the power to bind the people OF those
lones BY statutes in all whatsoever
And member sf this body, high in character jurst
and statesn has characterized the difference between
tie power institute in the Territories and the
power Of unlimited Congressional legislation over them as
bundle Of absrdes J" while Representative from In
DIANA in the neghtong hail. with courage that almost re-
deems him from The cesure which such sentiment cannot
but inspire in American breast says that " this Govern
could establish despotis any of its Territories, be-
yond doubt this Government could sell them into slavery
If it pleased"
But, with commenlabe charity he provides specific for
the wound he inicts by assuring there is danger
moud be preposterous snppose there ,ra " for there
great difference between the possession and the exercise OF
power" Where he learned this lesson, that there is no
danger of the abuse of powes profess my inability to tell
It doctrine better suited to the Neya than TO the Wabash
thought the of the proposton the proneness to
abuse, written upon every page Of the political history OF
the world, and in warning characters upon own nstu
tions and thought tie jealousy Of this tendency that
dictated constitutions and that calls into action
less vigilance by which power watched and restrained by
And member from New York (Nr. DUEn) considers the
effort to the people Of the territories the right
legisate for their internal affairs "as intended only io
the weaker brehrena of chicken soup for invads
Mr.. Duer, poi |, l04s..
This human rights is worthy Of place in John
sons hired pamphlet against the colonies entitled "Iaxaon
no tyranny" Perhaps the sentiment may be found there il
long time read it. but there plagiarism in the
language that belongs to the speaker.
It was precisely this claim of unlimited legislation which
led to our revolutionary struggle and separation from
England. And mast confess have listened with
men in this hall of American legislation, to the long and
subtle metaphysical inquiries ino the rights OF sovereignty
and the powers brings with il if the rights OF sove-
regIy every thing, and the rights OF man nothing
revival almost in terms OF the discussions between the
parent country and the colonies but in which have changed
places and exercise the very power the
of legislation without representation, which first denied In
argument, and then resisted in The British statesmen
could understand what practical limits there could be
the of the sovereign Parliament the colonies and
they found in their constitutions they admitted
In their legislation. They could not elevate their eyes from
their system to those fundamental principles OF
human freedom. wrtten, Lord Chatham said, "in the
great volume Of nature which immuable and ndesruc
tble. They had advantage however, in the argument
of which we deprived Thew lad an unwrten constu-
ton appeal b and legislature which by the theory
of their government omnpoent When, therefore, the
exercise of any power brought into question, not
necessary establish its existence but for those who
opposed it establish the limitations by which sought
to be controlled But the powers Of our Government both
defined and limited and before the authority of Congress
be brought to bear upon any subject tie constitutional grant
of power mus, be clearly pointed out
Now, sir, it is pleasant task to argue with any
who does not see and feel and acknowledge the difference
between the right Of unlimited distant regions,
where there Is representation, and the right organize
governments leaving the people to be affected by them to
regulate their concerns in their way. The may
be necessary and densb and econcilabe with practical
liberty. There circumstances which require justify
the o,her which reconcile its exercise with the great
principles Of human freedom am well that the
stuion has given Congress the power Of exclusive legs
laon over the Of the Federal Government That
maous feature IN system had peculiar for its in
productions and though the condition Of the people in the
District places them at the disposal of legislature neither
elected by nor responsible to them still there a community
of interest and Of feeling resulting from residence personal
inercommunicaon and political associations which temper
the real desosm OF the measure and which can
between the members OF Congress and colony And