The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-06-13

that proposed by the memfr from Ohio except
80 far as the latter may y necessary, in some
judgments, TO exclude slsveS, which might other
wise be implied to exist thes. To resist that m-
plication, shall vote for tn amendment, if itbc
pressed. go, z
But the whole question b this CASE .upd
stand TO be just this, whetht the question 81 III
establishment or exclusion d slavery shali<D6Ifft
to the people in the TerritSies to decide Wien
they come TO form State government Now, it
is agreed on all hands that 1 is matter of mu.
nicipal law. We know thu If slavery were in
troduced into the Territories the moment the
people formed O State Goernment they could
abolish it. On the other haid, If il were prohib.
tied, the moment they FORMED State Govern
ment they could introduce Il, If they saw fit.
Nevertheless it is not upon that ground pro-
- 49, ..... .. 10 -, v,,,,r
ground conceive that DE proper mode of
proceeding is TO leave this mltter TO State lepis-
lation, after the Territorieslshall have become
states. But my ground is, shnding by the dec
larations which have q th1usaad times made
that there is no reasonable human probability,
and that there is therefore % substantial necessi-
", for doing anything in o{eanizing Territorial
Governments touching the future existence of
slavery therein That is my belief There are
reasons for the exclusion Of shvery in these Ter
ritories which no human legislation can control
Acting under that conviction, i shall continue to
give my votes here in pursuance of IT, Other
gentlemen, entertaining different opinions, will
of course act as their conscien,es may dictate.
Mr. Cass addressed the Senate in favor of the
doctrines Of the Nicholson Litter
With respect to the amendments shall vote
against them both, and then shall vote in favor
OF striking out the restriction IN the bill upon the
power Of the Territorial Governments | shall
do so upon this ground | was opposed. as the
honorable Senator from Kentucky has declared
he was to the insertion OF this prohibition by the
committees ! consider it inexpedient and uncon-
stitutional have already stated my belief that
the rigbtful power of internal legislation in the
Territories belongs TO the People You have the
Tight to &c. ~,A, aat noS vs. .ssisiate Tor tnefnZ
the doctrine for which our fathers contended,
and which brought about our separation from
England But, sir, how is il possible to vote for
this interdict without oonceding the consttu-
tional right of Congress to pass the Wilmot Pro-
viso = Congress can only insert this clause upon
the assumption that they have full power over
the Territories-power to admit, power TO ex-
clude, as well as power to say that the Terrific
rial Legislature may do one or the other for
neither can be exercised but by virtue of full
jurisdiction. The power of Congress over the
public territory, which, as Judge Story has it,
ais clearly exclusive and universal and is SUBJ
ject to no control "-if this power can extend be-
yond the necessity, it is without limitation and
law.
The distinguished Senator from Massachusetts
will permit me ask him why Territory should
not be allowed to legislate for itself over all its
concerns2
Mr.. Webster. Because the law does not give
them authority.
Mr.. Cass. My question is, why It should not
be allowed the control over this subject as well as
any other2
Mr.. Webster. | will tell the gentleman. Be.
cause it is not an established permanent govern
ment. 1t has too much connection, and is too
much under the patronage of this Government,
and especially on the subject of slavery. | do
not wish to see the slavery question agitated in
the Territories while the Governor is appointed
by this Government, while the judges are ap-
appointed by this Government while they have
not an independent character like the States of
that Union. That is my answer.
The Senate adjourned without taking vote.