Weekly national intelligencer., 1850-06-08

position If the sovereign fulfls his duty by providing
Governments for remote communities which he holds
dominion, there is difficulty in the agree fully
with him that such Governments should be obeyed But
that not inquiry Our duty has not been fulfilled.
Our ACQUISITIONS are neglected by and so far as respects
action they the very condition of inhabitants Of
Pitcairn island, any other wa upon the great political
sea What protects the Mormon settlement in the great
oa valley but their own voluntary association And
he 70 DC Told that they have right provide for their very
existence because there Government claiming their sove
egny, but utterly regardless of its duties three thousand
miles from their residence That will do in this age of
the world There is such despotism in mere word
no such consequence from abstraction. | wish we
could substitute the word independence sovereignty II
would express quite well relation the rest of the
world, and would many metaphy declaration
of power unknown the constitution But agree that this
right establish Governments by the inhabitants themselves
who are left whou, any, is temporary one, and that
the superior Government fuls its duty by
providing for Of the first wants of society.
Now with respect to the amendments shall against
them both and then shall vote in favor of striking the
restriction in the bill upon the power of the Territorial Gov
enmens shall do upon this ground. was opposed,
the honorable Senator from Kentucky has declared he was
to the insertion of this prohibition by the committee con-
slider nexpedient and unconstitutional have already
stated my belief that the ghtfu power of internal legislation
in the Territories belongs the people You have the right
to govern, but not to legae for themthe doctrine for
which fathers conendd and which brought about
paration from England But sir, how it possible
for this ntedct without concedng the constitutional right Of
Congress to pass the Wilmot provso Congress only
insert this clause upon the assumption that they full
the Terrores-power admit power exclude,
well power say that the Territorial Legislature may
do the other for neither be exercised but virtue
Of full jurisdiction. of Congress the public
territory, which, Judge story has sis clearly exclusive
and UNIVERSAL and is subject controrf this power
can extend beyond the necessity, il is without limitation
and law.
1t is conended by many Southern gentlemen the right
to take slaves the Territories right secured by the
stuton and which, Of course, no legislation restrain
Opinions differ upon his subject But there is Of
settling It amicably and satisfactorily which oil
agree, and that il, by referring the Supreme Court
great umpire in constitutional Questions and umpire
which the whole country has confidence. IT. however, this
doctrine the true slavery be carried these Terrific
nes, independent Of action and the Legislatures will
have the right protect it. The bill grants these Legsa
lures jurisdiction all rghtfu objects Of legislation sub
ect to the provisions Of the constitution By emitting both
amendments and the prohibition the subject fully open to
the claims OF the South supported by the constitution and
slavery is rghtu subject Of legislation and may be protect
ed, but not excluded by the Territorial Legislature.
IT. the honorable Senator from Louisiana (Mr DowHsl
says the people Of the Territories opposed TO slavery,
you cannot make them legsate in favor of it, and the effort
made, would be unsuccessful But slavery may 60
the Territories by virtue of the constitution, what right have
you prohibit the Territorial Legislatures from expressly
providing for its admission by positive legislation and from
passing any laws they may think proper to favor its in
ioduction and protection
One remark, sir, in relation to this subject The
distinguished Senator from South Carolina (Mr BUTLrR)
said, if understood him correctly, that he wished the amend
ment OF the Senator from Mississippi because be desired to
have this right of protection repeated in the law lest the peo
pie might disregard the constitution. Now, sir, this is
work Of supererogaon, trust, shall do There
is no need any part Of duy eenact the
stuton That great instrument would gain force from
legislation. If that disregarded, surely could
expect little benefit from interference.
Now, sir, the distinguished Senator from Massachusetts,
will permit me to ask him why Territory should not be al
lowed to egislate for itself over all its concerns
Mr. WEBSTER. Because the law does not give them
authority.
Mr. CAss My question is why it should not be allowed
he over subia well AZ 9th
Mr.. WEBSTER will tell the gentleman Because
established permanent Government 1t has too much
and is much under the patronage of this Gov
ernmen and especially the subject Of slavery do not
wish to the slavery question agitaed in the Territories
while the Governor is appointed by this Government while the
Judges oil appointed by this Government while they have
independent character ike the States of this Union.
That is my answer.
Now, if the honorable gentleman will allow word,
will tell him the whole issue, the whole difference between
him and myself. He read, think, extract from the
Nicholson letter, in which he said that the Government
in duty bound protect the Territories leaving the people
of the Territories ell that their domestic interests
If the honorable member will add far they permitted
by the constitution prescribed for them by Congress- he will
speak like lawyer, iiko and ae~~a
ing the practice of this Government from the adoption Of
the constitution.
like American Senator who believes the powers this
Government are TO be found in the constitution, and who be-
eves in the rights There many great ques-
ton not to be found in the law reports honorable oe
Legislature jurisdiction all the Of e over all
the domestic relations but the whole system of policy
which mark the future character Of the community, but
one he would except because the Territories under
the control Of the General Government Let ask him
he supposes this Government be it administered by whom
may, going to nerpose, if could in the subject of slavery
in the Territories
Mr.. WEBSTER The gentleman begs the question.
will tell the gentleman that deny many powers There
many Territories in history where they obliged
to send up their laws for revision till they became States
Many obliged send up certain laws for revision The
gentleman bsgs the question when he says allow the Terri
tory authority every subject but allow no autho-
y but what given by act of Congress- under which
they formed.
Mr.. CAsS The gentleman will allow me to say, and I
have a right say it, as have lived under Territorial Gov
eminent large portion Of my life that he is in when
be supposes that the restriction Of the powers of these Ls
gsatues questions of strictly domestic character
is feature Of Congressional legislation recoect
but provision which clearly within this rule, and
this prohibition against banking, introduced when there
mania upon that subject and when in fact the question
measure general one, the money of these
banks every where. will speak positively, but
recoect other at this me-always, Of course,
excepting the proviso known the Wilmot pro-
viso am speaking not of provision requiring the
Territorial laws to te here for consideration but Of pre-
vious restriction prohibiting the Territorial Legislatures from
acting upon the subject The honorable gentleman is ason
when he suppos there any provision requiring the
proved by that body before going into operation.
Mr.. WEBSTER. did not say that.
Mr.. CASS. SO understood the gentleman. Those laws
TO be submitted Congress- for confirmation but for
consideration with the view, suppose to repeal modify
such might appear unconstitutional improper But