Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1852-04-02
exclamation by Mr.. Cass, Ia the United States Sen
ate, March 49, 1852.

Mr. President, 4 ieteI Just uStH PuuIISHCu az
,a Union, addressed by Colonel Davis 10 the Editors
fbp Nissssppfan. and copied from the latter paper.
sb;ch relating it does, 10 some OF the positions
ro TAX en- in the Senate we'll as elsewhere, seems
80 me 10 require remarks; especially as my true
IS in one reSpect, al least are misunderstood.
t"ve to thank Colonel Davis for the justice he has
Lone me, with that spirit of frankness which becomes
he character. And, while he dssents from my con-
nsions as he had right TO do, he bears testimony
ranst an odious charge, never indeed, resting upon
bc slightest foundation of truth, that designed TO de-
;vp The South, as 10 my real opinions, in my Ncho
con letter Some time since, when first learned this
ccusation appealed TO Southern Senators upon this
aoor and said it was well known TO many OF them,
that the plain language of my letter corresponded with
mv views and that my opinions were perfectly under
stood when the letter was first published. You will
rpcouect. sir that not one member contradcted this
satement and that several OF them gave Their assent
to it. and among these was Colonel Davis.
am not going into a review OF The old controversy,
connected with the general subject OF the N1moi Pro-
yiso desire, principally, to put myself right III one
particular, where Co,onel Davis has misunderstood
me 1t will be Iecoected that when my Nicholson
letter was written. we hal not acquired California
Il was vet during the existence OF the war, and The
prncipies discussed had therefore relation to the usu-
al form of territorial governments as established by
the authority Of Congress- My object was 10 show
that Congress had no constitutional powert TO insert the
Wlmot Provso in the organic laws. because The right
10 establish such governments being founded upon ne
ossv alone could extend further than that necess
~ reGnired which is satisfied when the governments
are Organized, leaving the people all other rights IN
their administration. These organic laws all OF them
indeed grant or recognize the right of legislation IN
the Territories be exercised in the mode pointed
out 1t is general power, embracing all the objects
of human gsation unless In particular cases. where
restrictions are imposed. My opinion is, that Con-
gress can impose restriction upon the power 10 reg
uIae the relation of and servant, including The
condition of slavery in the Territories, any more than
thew can upon the relations of husband and wife, OF
narent and child. Every Territorial Legislature which
has existed has exercised full power uncontrolled pow
err over the latter domestic relations, by virtue OF
being the repositories of legislative authority and not
because those objects, indeed any others, es
racally committed to their charge; thus assuming
that it is just object for such action, in consequence
of the grant of general powers OF legislation And IN
the Territories, where there has been Wilmot Pro-
viso the power to regulate the condition of slavery
has been freely exercised among the other oh ecs OF
legislation, without any express grant whatever
and in all of them it could be exercised in the
same manner, either 10 establish or abolish slavery,
unless controlled by superior Congressional action, IN
conformity with the Constitution. L should like TO
have any man point to me a slEg lie reason why Ter
rora legislature if left uncontrolled in this respect by
Congress-and all who opposed to the Wilmot Pro-
vso believe they should be thus lef-can egislae up
on one OF these domestic relations and not upon the
others SPEAK of the legal power. for that is the
question at issue. Upon what principle can line be
drawn on the chart of legislation, which would divide
those great objects of social life and leave OF them
without the sphere of egit mate control and the 9th
er within it? The same general terms Of power which
include one include all and yet called upon
deny that power in particular and TO leave
it in unquestlonabc operation IN all other cases. II
indeed, have heretofore said, and repeat, the
right 10 take slaves into the Territories is one, has
been commended which is secured by the Constitution
there is end to the question. 1t would be right
which would override and overthrow both con
gressona and territorial legislation in opposition to it
have never been able, myself, TO see the force O.
that construction which gives this effect any of the
constitutional provisions, but always willing
and so expressed myself, that the question: being
claim of right, should be submitted TO the Supreme
Court, and tina: its decision should be final. But j
will be observed that Colonel Davis, in his letter,
believe those who take similar views of this CUES
ton, place their opposition 10 my doctrine, not upor
the establishment of such constitutional right b.
found in the Constitution itself, but upon the probable
practical result of the territorial power that it wou
give peculiar direction, in the early periods of III
governments TO the legislation of the country, and
not establish, at any rate exercise powerful nfuenc
upon It's permanent policy. No doubt, sir, it woul
be but il is of those consequences that canno
well be avoided There are wide differences Of opin
ion in many portions of this country upon question
of internal policy, and little uniformity of system i
their adjustment Each settler, during the period O
settlement, naturally prefers that state of things
which he has been accustomed, and thus is it that
early character is given to these local institutions
which ii is afterwards difficult 10 change. II is
alone the condition of and servant, which feel
the effect of this impress, but it extends 10 all the oh
jects of legislation which derive their color very
from the views of the first settlers. If a newly -se
ling Territory is first occupied by ma ority of emf
grants from slave State, they will be very apt to es
tablish slavery in their residence If on the con
trary, they from a non slavehoding State, the
will probably be equally strongly inclined to estabs
that exclusion TO which they have been accustomed
and so with relation to all the objects of concer
which are regulated by law. And where was ther
ever community whose political and social systeI
was not or less influenced by the predominant
opinions and character which marked It's early inhab
tans? But this objection, sir, whatever weight it
entitled 10 in the scale of expedency, does not touc
the question of right That does not even depend O
Congressional action, but upon the Constitution, whc
does not even look to this sub ject of early of Ia
legislation, nor the practical considerations to whc
may give rise. The rghtful power, therefore, is
affected by the mode in which it may be exercised
whether bearing upon another of the vast var
ETY. of objects of civilized life which fall within tn
scope of legislation. Ali, therefore, claimed for tn
territorial governments was the right of legislation
all cases not in conflict with the Constitution I'll
same general rights of legislation, which enabled ii
territorial governments of Mississippi, of Alabam;
and other Southern Territories control the questo
of slavery within their limits, and which the NORTH
Territories might have controlled at their pleasnr
had there been no restriction upon their power TIL
question of g sovereignty" but of right, undo
the sovereign authority of the Constitution And
the first settlers in the Territories might establish the
future policy upon this subject, by early legislation,
know of no constitutional principle which could reu