The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-06

OF great principles you must not expect to find definite
oounoaIy-a wall, ~ iset, 70 which man may 20. ana
where he must stop. Moral questions run into each
other, and, like day and night il is often difficult TO tell
where one begins and the other ends. II very clear
that one man cannot establish government, politically
so called, though he may govern himself II is equally
clear that one million OF men may do so. Where the
practical line shall be drawn is question appealing to
the circumstances OF the case and 10 the
OF mankind. But he who undertakes 10 measure human
rights BY the square and the compass will soon find
he Is dealing with subject beyond his reach, and which
has eluded many mIghtier grasp than his own re-
peat this is question OF common sense, and suppose
the descendants OF the OF the Bounty who occupy
Pitcarns Island, and amount think, to about one hum
dred and thirty, have Just much right in the eyes Of
God and man. 10 provide for their own government, as
have the two hundred millions who form the Chinese
Empire, now our neighbor on the Pacific
Mr.. DAVIS, OF Mississippi will state my position
il the honorable senator from Michigan will allow me-
Mr.. CASS. Certainly, with great pleasure.
Mr. DAVIS Ny position was not that number Of
persons being without government could not take such
their condition required govern themselves
Ii was not, for example, that vessel being wrecked
upon desert coast its crew could not adopt among
themselves certain rules which should be binding upon
each other But whenever the country to which they
belonged found that crew, and extended its authority
over them, their Legislation must be subordinate to its
sovereignty, and their former fundamental law should be
null and void Now this case suppose that FIVE men,
or five hundred, adopted government for themselves
does that sancy an aggression upon the right OF the
sovereign upon whose land they trespass
Mr. CASS am happy to find that the honorable
aor and myself agree as to the Improperly OF measuring
human rights by numbers Now. as to the rights OF SOW
ereigny, which be invokes, have stated what consd-
er the true position II the sovereign fuGs his duty BY
providing governments for remote communities over
which he holds dominion, there is no difficulty in the
case agree fully with him that such governments
should be obeyed But that is not our inquiry. Oar
duty has not been fulfilled Our acquisitions are
neglected BY US, and, so far as respects our ac-
ton, they in the very condition OF the inhab-
itants of Pcarns island Of any other waf upon the
great political What protects the Mormon settle
en in the great salt valley but their own voluntary
And he f0d that they hay M
right to provide for their very existence because there
government claiming their sovereignty, but utterly
gardess of lis duties, three thousand miles IRON their
residence That will not do in this age OF the world.
There is such despotism in mere word, such con-
sequence from abstraction. wish we could subsii.
ule the word Independence for sovereignty. Il would
express quite well relation to the rest OF the world
and would save us many metaphysical declaration OF
power unknown to the constitution. But agree that
This right to establish governments by the inhabitants
themselves who left without any is temporary
one, and that it the superior govern
ment fulhs its duty by providing for one OF the first
wants OF society.
Now, with respect to the amendments, | shall vote
against them both and then shall vote in favor oil sir
king out the restriction in the bill upon the power OF the
territorial governments shall do upon this ground
was opposed the honorable senator from Kentucky
has declared he was the insertion OF this prohibition
by the committee. consider il inexpedent and uncon-
snutional have already stated my belief that the right
ful power of internal Legislation in the Territories belongs
to the people You have the right govern but not to
legisate Tor themhe doctrine Tor which our fathers
England But sir, how is it possible TO vote for this in
terdct without concedng the constitutional right OF Con-
gress to pass the Wimot Proviso Congress can only
this clause upon the assumption that they have full
power the Terrories--power TO admit. power 10 ex
clude well power 10 say that the territorial egsla
ture may do OF The other oI neither can be exercised
but by virtue OF full jurisdiction The power OF Congress
the public territory. which, as Judge Story has IT,
is clearly exclusive and universal and subject no
eontrol this power can extend beyond the necessity
it is without Limitation and law
It is contended by many southern gentlemen that the
right take slaves to the Territories is right secured
by the constitution and which, OF course, no legislation
can restrain Opinions differ upon this subject But there
is mode OF settling il amcably and satisfactorily, 10
which all agree and that IS by referring il to the
Supreme Court the great umpire IN constitutional ques
lions, and umpire in which the whole country has
confidence Ii, however this doctrine is the true one,
slavery be carried to these Territories independent OF
our action and the will have the right 10 pro
it, The bill grants to these legislatures jurisdiction
all rghfu objects OF legislation subject the pro-
visions OF the constitution By omittng both amendments
of the South if supported BY the constitution and slavery
rghfu subject of legislation and may be protected,
but not excluded BY the territorial legislature
H. the honorable senator from louisiana Mr. DowNs
says the people OF the Territories opposed to sla
very YOU make them legsate in favor OF il, and
the effort If made, would be unsuccessful But il slave
what right have you 10 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 introduction and protection
One more remark, sir in relation to this subject The
listing uished senator from South Carolina Mr.. Bur-
LERI said, if understood him correctly that he wished
the amendment OF the senator from Mississippi, because
he desired have this right OF protection repeated in the
law lest the people might disregard the constitution
Now, sir, this ia work OF supererogauon trust we
shall never do There Is need, is II any part OF
our duty, enact the constitution. That great nsru
ment would gaa no force from our legislation II that
were dsregarded surely could expect little benefit
from our interference.
Now, sir the distinguished senator from Massachu.
setts will permit TO ask him why Territory should
be allowed TO legisate for itself all IFS con-
cerDsl
authority.
lowed the control this subject well as any otherf
Mr.. WEBSTER will tell the gentleman. Because
il is not an established permanent government II has
too much connexon, ana is too much under the pairon
age OF this government, and especially on the subject OF
slavery DO not wish to the slavery question agita
ted in the Territories while the governor is appointed By
this government while The Judges all appointed by
this government while they have not an independent
character like the States of that Union. That my an
swer.
Now, IL the honorable gentleman will allow me one
word, will tell him the whole ssne, the whole differ
between him and myself. lie read think, an ex-
tract from the Nicholson letter. in which he said that the
government was IN duty hound 10 protect the Ierrones
leaving TO the people OF the Territories all that concerns
their domestic interests, " the honorable member VIII
add, 50 lar as they are permitted BY the constitution pre-
scrlbed for them by Congress- be will speak like law
YER like an American statesman, and according to the
practice OF this government from the adoption OF the con-
stitution.
Mr. CASS do not desire TO speak so much like
lawyer as like an American senator, who believes the
IN he