The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-06-18
Vol. 4.

Constitution Of the United States, as he
firmly believed, as he had often declared on
this floor, and as he believed every Wing
who was then here was ready to vote. His
(Mr. S.'s) past course and position upon
this subject could not be forgotten or mis-
taken. The creation Of these civil govern
merits, even in time of war, by the authority
of the President of the United States, he
held TO be a most glazing and dangerous
usurpation OF power, and it deserved the
rebuke and condemnation of Congress at the
time.
But It was then defended by the friends
of the President, as war measure. He
derived his power Che and they sadly from
the " laws Of nations and the rights of war; .
Nobody pretended that such governments
could OF ought 70 be maintained in time OF
peace. And the on'y way that he got out
Of the difficulty, at the termination Of the
war, was to assume the position that the
governments were rightfully instituted in
time Of war, as war measures, and that,
though they ceased to exist as such on the
conclusion Of peace, yet that, as they were
the existing governments at the time If peace,
they could continue to exist, under the laws
Of nations, as governments de fdcfo, until
others were organized. In this light they
were recognized by him after the peace
and in this condition the present Admins
tration found tham.
Mr.. S. said he did not deem it necessary
for him to state what course he thought it
would have been proper for the present Adj
ministration to take towards them. Find
ing the governments existing there as they
did, perhaps those in authority could not
have done better than to continue to recog-
nize them as governments de tacto, until
they should be superseded by others instr
tuted by competent authority. The present
Administration, therefore, he did not think
were to blame for the present state Of things
but he wished i distinctly understood that
he did not approve, and he never could be
broughtto sanction the policy Of having these
territories, in time of peace, under military
sway and rule. It was contrary to the first
principles Of republican constitutional liberty.
Upon the acquisition of these Territories
upon the ratification Of the treaty-the gov
eminent Of them devolved upon Congress,
and it was the duty Of Congress, either to
allow the people there to govern themselves
according to their choice, or to provide a
government for them suitable to their condi-
ton. And in candor, he would say to the
gentlemanfro from Mississippi, that those Wings,
in his opinion, who now avow the extraordi-
nary policy Of leaving the territories under
20
strangely inconsistent with the position that
they and he occupied two years ago, when
they held up for public condemnation such a
course Of policy even in time Of war. We
live in government of laws and under a
written Constitution, and from neither Of
which is any authority possessed by the
President to maintain military governments
over any portion of our Territories. The
whole idea is revolving to every one who has
a proper appreciation Of the value Of Ameri-
can liberty.
But, said Mr.. S., the gentlemen from
Mississippi has alluded to the late canvass
for the Presidency, and says that while Gen
eral Cass was openly against the Wilmot
Proviso, that the people of the South had
preferred General Taylor, because they were
more willing to trust him with the settlement
Of these questions than General Cass and
hence he argues, that the responsibility has
passed from the Democratic party to the
Wing party Of adjusting them. He Mr.. s.
wished simp y to say, that he believed other
considerations had much more to do with the
late Presidential election than these difficult
questions. The very policy that brought
these difficulties upon US, was one of the
main reasons that induced him to take such
an active part in the overthrow Of the late
Administration. 1t was true, General Cass
was opposed to the Wilmot proviso, and he
(Mr. S. had never, on this floor or before
hic constituents, attempted to represent him
otherwise. He had generously awarded to
him al. the merit that he was entitled to for
that position. But he had stated, what he
wsuld now say to the gentleman from Mis-
sissippi, that the position of Genera Cass
was no better, if it was not worse, for the
interests of the South, than an open advo-
cacy Of the Proviso itself; for General Cass
held, that slavery did not exist in these Ter
ritories-that it never could 90 there-and
that it was not within the Constitutional pow
er Of Congress to make provision for its ex-
tension or protection there. This was the
purport Of General Cass's Nicholson letter.
This was his Mr.. S.'s) understanding, of it
at the time. He never misrepresented him.
He knew it was read one way at the North
and another at the South but he had never
il his life done General Cass the slightest
intentional INJUSTICE on this subject. He rep
resented his position fairly, as he understood
it, and just as General Cass himself had
stated it a few days ago in the Senate. He
there said, on Tuesday last, after reviewing
the Nicholson letter:
'sAnd am not right in saying, that whatever
other qualities he may want, man, with my let
ter before him, who could say that neper took The
ground that starery could moi erst in the ferri'
tories, does not want moral couragep
How anybody could candiJly have come
to any other conclusion at the time was ii