The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-20
IN CONGRESS OF THE U. STATES.
FRIDAY, MARCH 10. 1859
personal EXPLANATION,


SENATE.
Personal rxPLAsATIos.
Mr. CASS Mi. President, letter has just been pub.
ished in the Union, addressed BY Colonel Davis 10 the
JoIs OF the MissssIppsn, and copied from the latter
psner which, relating as IL does 10 some of the positions
have taken in the Senate, well else where, seems
10 me 10 require some remarks-especially as my true
vews in one respect atleast misunderstood have
"a thank Colonel Davis iot the usuce be has done me-
WIN that spirit Of rankness which becomes his charac.
Ter And while be dlssents from my conclusions. he
bad resting as sss o S
lion OF ruth-thai designed TO deceive the South
nv real opinions in my Nicholson letter Some time
since when first learned this accusation, appealed TO
southern senators on this floor, and said it well
known to many Of them that the plain language Of my
letter correspondent with my views, and that my opinions
were perfectly understood when the letter was first pub
isbed You will reoollect sir, that not one member
iradicted this statement and that several OF them gave
their assen, to il and among these Colonel Davis.
am not going into review OF the old controversy
connected with the general subject Of the Wilmot pro-
yiso desire principally to put myself right in par
teula where Col Davis has misunderstood me. will
be ecoleced that when my Nicholson letter written
we had moi acquired California. II yet during the
existence Of the war and the principles discussed had
therefore, relation the usual form Of territorial govern
ments established by The authority of Congress My
object 10 show that Congaess had constitutional
power insert the Wilmot provis0 in the organic laws
because the right 10 establish such governments being
founded upon necessity alone. could extend farther
governments are organized, leaving 10 the people all
other rights in their administration.
These organic laws--ail OF them, ndeed-grant or
ogbe the right OF legislation in the Territories TO be
efesed in the mode pointed out II is general power
embracing all the objects Of human legislation, unless in
particular cases where restrictions are imposed. My
opinion Is that Congress impose restriction upon
the power TO regulate the relation OF master and servant
including the condition Of slavery, in the Territories any
more than they can upon the relations OF husband and
wife. OF parent and child Every territorial legislature
which has existed has exercised full
poweOver the two latter domestic institutions by virtue
Of being the depository of legislative authority, and not
specially committed TO their charge thus assuming that
10 Just subject for such action conseq of the
grant Of general powers OF legislation And in the Ter
rorles where there has been no Wilmot proviso, the
power to regulate the condition of slavery has been freely
exercised among the other objects OF legislation, without
express grant whalever and in all Of them could
be exercised IN the same manner, either 10 establish
abolish slavery. unless controlled by superior con-
gressional action, in conformity with the constitution /
should like TO have any man point to me single reason
why territorial legislature if left uncontrolled in this
respect by Congress--and all who opposed to the
Wllmot proyso believe they should be thus eit--can
legsate upon one of these domestic relations and not
upon the others speak OF the legal power, for that is
The question al issue Upon what principle can line be
drawn the chart of Legislation which would divide those
great objects Of social life and leave Of them with
out the sphere OF legislative control and the other within
~ The same general terms Of power which include
include all and yet called upon to deny that power
napacuar case, and to leave itn unquestioned opera
ton in all other IT, indeed have heretofore said
and now repeat the right to take slaves into the Terrific
RES is as has been contended, which is secured by
the constitution. there is end to the question 1t would
be right which would override and overthrow both
congressional and territorial legislation in opposition
it. have been able myself to see The force OF
that construction which gives this effect TO any OF the
stifutiona provisions; but always willing and so
expressed myself, that the question: being claim oil
right. should be submitted 10 the Supreme Court, and
that is DECISION should be final But will be observed
that Col Davis. in his letter, and believe those who
take similar views OF this question: place their opposition
to my doctrine not upon the establishment OF such con.
stuonal right TO be found in the constitution ITSELF but
upon the probable practical result Of iAe territorial power
ihs it would give peculiar erection in the early Pc
nods OF the governments, to the legislation OF the
try and not establish, at any rate exercise powerful
influence upon its permanent policy. No doubt sir, il
would be but lis OF those that
well be avoided There wide differences OF opin
ion many portions OF this country upon questions OF
internal policy. and little uniformity OF system in their
adjustment Each settler. during the period OF settlement,
naturally prefers that state Of things to which he has
been accusiomed and thus il it that an early character
is given to these local institutions which il is afterwards
difficult TO change. II is not alone the condition OF
and servant which feels the effect of this mpress
but extends 10 all the objects OF legislation which de-
rive their color very much from the views Of the first
settlers III newly settling Territory is first occupied
by majority OF emigants from slave State. they will
be very apt TO establish slavery in their residence
II, on the contrary, they come from non yeholdng
State they will probably be equally strongly inclined
establish that exclusion to which they have been
customed; and with relation to all the objects OF
concern which are regulated by law And when
was there ever community whose political and So
cial system was not more or less Influenced by the
predominant opinions and character which marked lis
early inhahantsi But this objection, sir, whatever
weight il is entitled to in the scale OF expediency
does no, touch the question OF right That does not
Dope on action but upon the
stuton, which does not look TO this subject oi
early OF late legislation. nor the practical consdea-
tons 10 which II may give rise. The righul power.
therefore, not affected by the mode in which il may be
exercised whether bearing upon another oil the
vast varieyo objects Of civilized life which fall within
The scope OF legislation,
AL therefore, claimed for the territorial governments
was the right Of legislation in all cases. not in conflict
with the consuiion-ihe general night OF IegIs-
aton which enabled the territorial governments OF Mis-
s'ssppi, oil Alabama, and other southern Territories 10
control the question OF slavery within their limits, and
which the northern Territories might have controlled al
their pleasure, had there been no restriction upon their
power. This no question OF soyereignty." but OF
right under the sovereign authority OF the constitution
And II the hrst settlers in any oil the Territories nigh,
establish their future policy upon this subject by early
legislation, know OF no constitutional principle which
could refuse the same power 10 all the others.
few words more. sir, as to California, and what has
been called "squaer sovereignty" have already said
that my Neholson letter referred only 10 such
governments bad been established by Congress and il
looked only to such governments TO be thereafter esab
lshed by the same authority over future acquisitions
should any such be confirmed 10 by treaty OF peace
Az TO the condition OF things in California which follow
ed in consequence OF the failure of Congress 10 provide
governments for the Mexican cessons. no foresaw
certainly no one endeavored to provide against it. My
letter. therefore, did not touch that point all But the
dlmcuy cane, and large body OF American citizens
upon the shores Of the Pacific found themselves with
oW government and exposed to sll the fearful evils
winch such stale Of things necessarily brings with H.
e properly all the objects indeed OF the social sysem