The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-16

neglected 10 perform. and did not intend 70 reflect the
slightest upon any gentleman North. South East
or West, much less to srragn their motives. was
speaking OF the relation which existed between this gov
ernmeni and the people OF California which has Justified
in my opinion. the course they have taken.
Mr. BUTLER Will the honorable senator allow me
TO ask him question:
Mr. BUTLER Do understand the honorable senator
now TO say that was the duty Of Congress 70 have pro-
vided competent government for these Territoresl
Mr.. CASS. There are two positions have always
maintained with reference 70 this subject First, that
Congress under the constitution has no right 10 establish
governments for the Territoes secondly that under no
circumstances have they the right to pass any law to reg
uate the internal affairs Of the people nhabing them
The first may be matter OF necessity; and when the
necessity exists, il senator votes for H. he votes upon
his own responsibility 10 his constituents II they De.
eve the necessity and support him, he is safe but
not he must fall II ! had voted under such c,rcnm.
justification; but under circumstances could have
voted for any law interfering with the internal concerns
# ns sS q whS wou II requires
Mr.: CHASE, VIII the senator allow me to ask him
Gas Is, . c1 ssss sssy < be ash's
Mr. CHASE Did understand the senator as saying
that in voting for bill to establish government in the
Territories he the exercise Of any authority
Mr. CASS The honorable senator will undoubtedly
recolect that in historical document called the Nichol-
letter. winch subsequent circumstances ndfc
somewhat important. distinctly stated my views upon
this subject and those views have remained unchanged
to the present hour maintained that no power given
by the constitution 70 establish territorial governments
but that where impeous necessity exists for such
measure the legislator who yields to must look to his
constituents for his justification.
Mr. CHASE understood the senator TO say that
there no such authority given by the constitution
Mr. CASS. | said that il we do an act not author
lied by the constitution, under pressure OF neces
siy, that act must be done upon our own response
hiIifv. and / The the authority OF
Mr. Madison, who justified the action 81 the Congress
Of the confederation the subject OF Territories upon
this ground, and upon this alone. II the gentleman will
take the trouble 10 look at my speech on the Wilmot
PrOviso he will find my views on this point distinctly
laid down. What is the objection in principle TO the
admission of California Allow me to say that great po
tical rights and movements in this age oil the world
not to be determined by abstract or speculative
opinions. There is no want. OF heavy books in the
world which treat OF political science; but you need
60 to them to ascertain the rights Of men, either
as individuals or in communities; and II you do,
you will lose yourself. grcping in labyrinth where
no man can follow you. Ii there are rights OF SOW
eregny, there may be wrongs Of sovereignty. and this
truth should be held in everlasting remembrance And
this is the case with regard to California We have
the latter should be sacred also One OF these duties
have neglected to perform and told by gentlemen
who have spoken here that when State wishes admission
and knock for admission California has thus come and
knocked But door opened to her. and she is to be
told Go back and wait till we ready There is but one
shut You must pass through territorial government
but th government have neglected to give YOU and we
are probably as far from establishing il as ever. And
such is the paterna regard manifest towards one hun
dred thousand American citizens who are unfolding the
flag of country the distant shores OF the Pacific A
good deal has been said about precedents am not going
TO examine either their application or authority though
has been pretty clearly shown by others that they fully
justify this measure OF admission
Great political measures must be judged by themselves.
When new and imposing circumstances dictate an un.
usual course, they furnish the justification for action
and they furnish also precedent for future proceed
ings and whether such cases as this are 10 be found
in legislative history, our duty s still the same
That duty impeiously requires the admission OF Cali
fornia into Union She comes and asks admission,
not the honorable senatorfrom Illinois says, IN Ian
guage OF equal force and beauynot TO reject your SOW
ersigny hn becanss her citizsns love their native
try, know the value OF institutions and desire 10 be-
come bone Of our bone and flesh OF our flesh They come
repeat not reyoluonists, but petitioners, asking
the greatest favor we bestow upon them. The dis
tnguished senator from South Carolina has objected that
T Ga state S,S in na
The honorable senator from Maine asked The very en-
phatic question. What constitutes state And nus an.
American. He said with truth that il is who
make State. They do, sir Il is not land, nor trees.
nor gold mines, but il is by whom and for whom
States are constituted and maintained Why, sir, any
other doctrine would carry back to the worst portion
of the middle ages when governments instituted
were men without rights Doctor franklin. with his
native good sense, and, | may add. his native good
humor, rebuked this principle OF legislation in manner
far significantly than could have been done by the
most labored argument He said that certain amount OF
property necessary 10 entitle 10 vote. He pos
jsckass to-day Of the requisite value, and
exercise this right Tomorrow the jackass dies and he
loses IT, To whom does the right belong To the man
or the jackassl
Here Mr. BurLrR said something in tone inaudible
10 the Reporters which Mr. CAss replied, 20 for the
man, and not for the jaeksss
But Mr. President there other considerations which
seem TO forciby TO urge the admission OF California
The senator from Illinois truly said. that the pride OF
opinion strong in the human breast and that II belongs
as well 10 communities individuals. The VIII
mot Pfoviso is offensive justly offensive, to the southern
section Of the confedeacyo independently OF lis
practical consequences II is considered arbitrary
sumption OF power and is therefore resisted agreeaby to
the established laws Of human nature We oppose in
sinctvey all improper assumptions Of authority over AS
without stopping TO inquire into the pecunary value they
may Affect No man Is willing to have measure forced
upon him. Now, the people OF California have been
driven BY necessity TO take this matter into their own
hands They have decided the question for themselves
There is oepce 10 the pride OF the South or OF the
North. There is no inyidious Wilmot Proviso TO be
passed north south OF 80 deg 30 min There is no
pride OF opinion involved and ovebeang act OF one
portion OF the country against the other and therefore
the admission OF California much OF the present
controversy In that spares the feelings OF all
regret, sir that the senator from South Carolina is
not present. as desired TO extend my remarks further
than shall now do have ALREADY said that the speech
Of that honorable senator inevitably leads TO the
cluslon that upon the admission OF California depends
the dissolution Of the Union Helikewise coniended that
an amendment TO the constitution indispensable, |
and his remarks on yesterday seemed to connect the