Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-04-16

m, in his Nicholson letter was tina; tho people of the
Territories had the right prohibit slavery either before or
the time Of their admission as states; aha by way VI
fully relieving himself from the mPuation, he called on
the Southern Senators then present 10 Know they had mol
his Nicholson letter he himself then explained
H. In response this call! Mr.. Butler OF San'h Carolina
Nj Davis Of Mississippi and Others assented 10 the cor
RICHNESS Of his declaration, md thereby furnished the
strongest evidence the OF foundation Ill the charge
that he had deceived the South.
During the "xcing through which the people OF
Mississippi haze recently passed this charge was revived IN
pamphlet giving sketch of The life OF Col Davis aud II
vas because al The injustice done Gem CasS IN that
pamphlet that Col! Davis lei; himself called upon come
and do All act OF justice Gen Cusa Every hon
orabc mind will appreciate this course and every impartial
mind will III once see t'a The charge against Gen Cass Is
without foundations. We have idea Of revying the Gues
ton whether Cen CaSss views The rights OF the in
is 10 furnish the evidence that he has been guilty Of de-
ceptoa upon South and this point the following let
Ter o Col. Davis is conclusive.
Ths length OF Col Davis letter precludes its insertion
here TIE substance Of it is that he Davis at the time
Of The appearance Of The Nicholson letter. placed the
construction upon it that Gen. Cass has since acknow
lodged 10 be the correct one and that he knew at tho time
that such the construction intended by Cen Casa Col
Davis therefore, thinks that Gen. Cass had no intention
whatever of deceiving the people OF the South
The following remarks submitted days since by Gen
Cas-. in the Senate OF the United States explain themselves
and we publish them in justice 10 that gentleman
IL senate, FRIDAY, MARCH l9, 1852.
Mr. Cass claimed the indulgence of the Senate 10 make
personal explanation which being granted he projected
as follows
Mr. President letter has Just been published in the
Union this city, addressed by Col Davis TO the editors OF
The Missssppa and copied from tho latter paper, which,
relang il does u The positions have taken IN
the Senate we'll elsewhere, seems 10 me to require
aks especially my true views in one respect
least misunderstood have 10 thank Col DAVIS Tor
the Justice he has done me- with that spirit OF rankncss
which becomes his character. And while he dlsSens from
my conclusions he had right do he bears testimony
against odous charge, never indeed resting upon the
siahtc, foundation OF truth that designed 10 deceive the
South my real opinions in my Nicholson letter Some
time since when first learned this accusation, Appealed
Southern Senators upon This floor and said IL was well
known many of them that The plain language OF my let
corresponded with views and that opinions were
perfectly understood when the letter first published
You will recoi!ect sir that not one member conradcted
this statement and that several OF them gave their assent 70
il, and among these vas Col. Davis.
am going into review Of the old controversy, con-
necicd with the general subject OF the Wi!mot proviso
DESIRE principally, put myself right in parlicuar
where Col Davis has misunderstood inc. Il will be recol-
leced that when my Nicholson letter was written We had
not acquired California It yet during the existence OF
the principles discussed had therefore relation
the usual form OF territorial governments, as established
by the authority Of Congress My OBJECT was 10 show That
Congress had constitutional power insert the Wimo
provso in The organic laws because The right 10 establish
such governments being founded upon necessity atone
could extend further than that NECESSITY required which
satisfied when the Governments organized, leaving
the people all other rights in their administration These
organic laws, ali OF theu indeed grant or recognize The
right Of legislation in the Territories be exercised in the
mode pointed II is general power embracing all the
objects OF human legislation, uncss in particular cases.
where restrictions imposed. My opinion is that Con-
prcss impose restriction upon the power TO regulate
relation Of master and servant including the condition
of slavery the Territories any than they upon
the relations Of husband and wife, of parent md child
Every Territorial Legislature which has existed, has
exercised uii power uncontrolled power, over tho two
latter domestic relations, by virtue of being the depoSl-
tories of legislative authority and not because those OBJ
lecs indeed ony Others, speedily committed 10
their Charge thus assuming that just object for such
action consequence III The grant Of general o! c
gsaiinn. And The territories where there has been no
WImo, proYso the power regulate the condition % si
very has been freely exercised the other objects OF
os,ion without any express yrant whatever: and in all
could be exercised in the manner either 10
establish abolish slavery, unless controlled by superior
Congressional actoa IN conformity with the c0nsiutnn
why Territorial Legislature, II left uncontrolled In ms
respect by all who opposed 10 the Wmot
proyso believe they should be thus lccan legs!a upon
OF the domestic relations, and upon the others.
speak OF the legal power for that Is The question issue
Upon what principle line De drawn on The cha't Of e-
gslation which would divide those great objects of social
life and leave If them without the sphere of legitimate
control, and the other withiniI
The general terms Of power which include one in.
cue alt and yet called upon 20 deny that power IN
particular cnsc ami Leave in unGuesli0nabe operation
all other IT, indeed have heretofore said and
repeat the right 10 take slaves into the Territories is
one has been commended which secured by the consu
ton. there is ond IN the question IL would be ri2ht
which would override and overthrow both Congressional and
Territorial legislation in opposition to H. have never beens
able myself the force VI that construction which gives
this effect 10 my OF the constitutional provisions but
always wiling and expressed myself that The ques-
ton, being claim IF right should be submitted to The Sn
preme Court and that s decision should BIZ final But
will be o5servcd that Col Davis in his letter and believe
those who similar views OF this question: place ter OPP
position my doctrine not upon tho establishment oil such
constitutional right to be found in The constitution ITSELF
but upon tho probable practical result OF The territorial pow
err that it would give peculiar direction in the early periods
OF tile governments Ia the Legislation of the country, ard
mol establish any rate exercise powerful influence upon
permanent policy No doubt sir il would be SO; but II is
ut those consequences that cunno! well be- avoided
There are wide differences opinion portions OF
this country upon questions Of internal policy and t"
uniformity OF system in their adjustment Each settler,
during the period OF settlement naturally prefers That state
Of things which he has been accustomed, and thus IS ii
that early character is given 10 those local institutions
which il is afterwards difficult change IL Is not alone
the condition Ol master and servant which ecls mo elect
of this impress but extends. 10 all the objects OF egiSl
on which derive their color very much from the views OF
the frs, settlers. II newly settled territory is first occu-
pied BY majority OF cmigants from slave Stale tey VIII
very apt establish slavery in their new residence IT,
from slavehoing STATE they viii probably DE- equally
strongly inclined establish that exclusion 10 which they
have accustomed md so with relation 10 all the Oh
ects of concern which are regulated BY INV And where
there community whose political anu social sys
tern was more less influenced by the predominant
opinions and character which marked It's early inhabans
But this object, sir whatever weight is entitled 10 in
the scale OF expectancy does noi touch inc question 81
right That does not even depend on Congressional action
but upon the Constitution which does not even look TO this
subject Of early Of late legislation, the practical con
sdela,ions which it may give rise The righul power
therefore, affected by the mode in which II may be ex
ccistd whether bearing upon another of the
ricy OF objects OF civilized life which fall within the scope
OF legislation. AL therefore, claim for the Territorial To
veTnment: the right OF legislation in all eases not in
conflict with The Constitutions the general rights OF c
ais!alion which enabled the Territorial Governments n
Mississippi OF Alabama and other Southern Territories To
control the question Of slavery within their limits and which
The Northern Territories might have controlled at their plea
sure had there been restriction upon their power This
question of sovereignty but OF right, under the
sovereign authority Of the Constitution And the first SCI.
tiers The Territories might establish their future policy
upon this subject BY early legislation know Of no cons
tutonu principle which could refuse the powers 10 all
the others.
few words more, sir California, and what has been
called "squalter sovereignty have already said that my
Nicholson letter referred only such Territorial Govern
had been established by Congress- and II related
only such Governments be thereafter established by
the authority future acquisitions should such b.
confirmed 10 by treaty Of peace AS 10 the condition
OF things in California which followed in consequence OF
the failure of Congress provide governments Tor the eA
lean cessons ioresaw IT, certainly no one endcnvor
ed provide against H. Ny letter therefore, did not touch
that point all But the difficulty came and large body
of American citizens upon III. shores Of the Pacific found
themselves without government. and exposed TO all the lear
iu evils which such stao necessarily brings with IT, Life
property all the Objects indeed OF the sOcu SYSTEM were
nj hazard, without prompt and efficient action. That