The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-22
TIIIRTY-FIRsT CONGRESS-.
FIRST SESSION.
Senate.

WASHINGTON, Jan. 81, 1850.
After the presentation Of numerous memorials Mr..
BELL from the Commute Commerce, reported back,
without amendment, the bill providing for the repair
Of the Cumberland dam, in the Ohio river which, on
his motion, considered and after discussion was
passed ever informally.
Mir. HUNTER gave notice Of bill to abolish the Home
psT~st.as~.
TEhRIroRiAL co,EASAAsr.
The Senate then proceeded to the consideration Of
the special order the resolution submitted time
since by MIR. Foote, declaring Il to be the duty Of
Congress at the present session, to provide territorial
governments for the Territories.
SPEECH or rHE wrMor rRoviso.
Mr.. CAss proceeded to address the Senate on the
question Of the wilmo provso He said there are two
principal questions involved In the controversy re-
spectirg the Wilmot proviso indeed there are in
all the legislation Of Congress First, whether that
measure II constitutional and next IL constitutional
whether IL is sxpsdent The observations propose to
tner, Will be directed chiefly to the
question: though before close, shall submit some
bfif rsmsrks upon the expediency of exercising this
power, n We possess IL. Before however proceeding 10
the inyesrgAti-n Of rights aud our duties con-
nseted WIN this proposition, there prelim-
nary consd.rsiions essential to the progress the
inquiry, and 70 just conclusion, TO which beg
leave TO call the sttention OF the Senate. In the
discessions which have taken place upon this
formerly and recently, all those who have coatended
icr the power Of Congress to pass this wilmot
pro,isc, have coptepdsd for general and unlimited
n
exception to the uni'erssty OF this proposition rbs
right TO institute governments and the right to lsgs
late over the internal concerns Of those distant
mubittes are used ~ convertible terms without rsco
Ising or acknowledging any difference in the princi-
pee themselves. or In their practical spplicatn And
this di'regard Of one OF the a halo sed
by our revolution. Il confined to the Discus
stone here but extends every shere TO the judicial r-
bunsls aud 10 the whose bits Of in
vestigatop favorable to calm aud searching
inquiry than ours can he MIR Sergeant in his consti.
tutionsl law, when he says the poser OF gIverniag
a tfahl
sequence Of the right TO acquire territory, evidently
eoniounds this exercise u two pow-rs dderen in
Their origin as In their operation And Judge story
takes the tame view saying In place, that the
government possesses the right 20 acquire territory Il
would seem 90 follow that pose-sse The power TO 90.
vern what II has so acquired and In another place
the poser Of Congress I'll. public territory IL
e,sly exclusive ana universal and their legislation Is
subject TO no control snd 50 forth And 80 d-es Mr.
Rawle. Who says that the poser Of governing aud
Of legi'ls;iDs Tor territory may be tue inevitable
eonsequepc- OF the right to acquire territory Audin
the recorded opinions Of Of the judges We are
tod nat Congress has 'pleiary powers" aud CON-
plete prsdctiou wi bout Limitation over the ter
Iitoriss And these deductions for they are only de.
duciions made with much coOlness Lord Mans
field could have exhibited had he been called upon 20
decide the validity of the Boston Post bill the act
which declared that Hts Majesty In rsri,ament Of right
bad toe powr to bend the people Of those colonies by
body Berri.p high in character juri-t and states
men hss the difference between the power
TO institute goyernments In the territories and the
power OF unlimited Congressional legislation them
a. bundle q alb urdties while Representative from
n. u
rage that almost redeem him fru m the insure which
such . sentiment cannot but inspire IN American I
breast, ssys that this eoyernm.nt could establish I
dsptism In any Of lite territories beyond doubt rhis
government could cell them into slavery ~ Il pleased
But With comm, ndable charts he provide. specific
fer the wound he inhets BY assuming there Is dan
ger u would be prepo.terous t. suppose there vas,
for there great difference bet~een the possession
and the exercise OF power" Where he Learned this .
ie,op hat there IL no danger Of the abuse Of po-er
contsfs ipsbility TO tell 10 L. doctrine better
suited TO the Nevs than TO the wabash thought the
tnen 10 .hra.
written upon every page ~ the political history Of the
world and in varsiBg characters ovn institu-
ons and thought ~ the Jealousy of this tenden
y that dictated our constitutions sud that calls into
tctou ceseless vigilance ~ whics power watched
and i.stfsiued by the American people And mem
Der from N.w iors, (Duer considers the effort TO
IN. people 81 the t.trtofies the right TO egse
tr their own internal snsirs, as int.ndss only
tr the weaker brethren sort Of chicken soup for in
tshds" This sBeer at human nights is worthy Of q
psce In Johnsoos hired psm phet against the colonies
,uti'lsd Taxation no ryrsnoyn Perhaps the ssnti.
nebt sy be found thsre lie long time since read
~ but TIER. is no rissisri'm In the lsngusge rsst
INFLATED legislation which led 70 our revolutionary
struggle ana cur separation from EBrlsnd aud must
confess have nsteBtd with smsE.ment in this nall Of
American legislation TO the long SD subtle metaphy.
tcs inquiries into the rights sovereignty aud the
powers Il brings sith II, ~ hsueh the rights Of sovs
rsieny even thing and The rights a nothing
N IL revival almost In terms Ut the discussious be-
twe.n the parent country and the colonies but IN
~hich We have changed places, and no- a.sums 70
exercse the very power II legislation without repre-
s,rtativn- phich We htst Geui,d in arRument add
tteo resistsd 10 arms The British statesmen could
not derstsnd wbst practical limits there could be |
the psvsr 81 the sovereign peri sment over the colo
ries. snd ss they found none in Their constitution.
they admitted none in their les,lstop. They copld
not tisvste their eyes from their system
TO those fundsmentsl principles OF human freedom.
" ~rttten y as Lord tbsthsm said. in the great |
volume o. nature. which are innumerable ana in
deftructible They had one sdvsntsge ID the argu.
ment ho~e,er, OF Witch ne are deprived rhsy had |
an up-rits'n eonstitution TO appeal to, and lesis