The primitive Republican. (Columbus, Miss.) 18??-1852, 1852-04-08
SENATE.
Personal Explanation.
MARCH 10, 1852.

Just been published in the Union, addressed
by COl. Davis to the editors of tho Missis-
Slpplan, and copied from the latter paper,
which, relating as it is does to some of the
positions | have taken in the Senate, as well
as elsewhere, seems to me to require some
remarks-especially as my true views, in
one respect at least, are misunderstood. II
have to thank Colonel Davis for the Justice
he has done me, with that spirit of frank
ness which becomes his character And
while he dissents from my conclusions, as he
had right to do, be bears testimony against
an odioUs charge, never indeed resting upon
the slightest foundation of truth-that de-
signed to deceive the South as to my real
opinions in my Nicholson letter. Some time
since, when L6rst learned this accusation, /
appealed to southern senators on this floor,
and said it was we'll known to many of them
that the plain language of my letter cores
pended with my vie VS., and that my opinions
were perfectly understood when the letter
was published. You will recollect, sir, that
not enc member contradicted this statement,
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 sub
ject of the Wilmot provisO. l desire princi-
pally to put myself right in one particular
where Col. Davis has misunderstood me-
l. will be rccollt cted that when my Nichol-
son letter was written we had not acquired
CAL! rnia. 1t was yet during the existence
w. j W. nd principles / discussed
fa.r '.. la'i,n to the usual form Of
Itolntonai yoy'II mCuts as established by
he h.. ugr,ss My object was
t -t.w .a. ier - had no constitutional
Ip'w,r e. iu..G a. Wiimot provisO in the or
game laws because the right to establish
>uch gov,rImontS, Icing +, undod upon ne
crssity alone, could extend no further than
that necessity requires, which is satisfied
when the governments are organized, leav-
ing to the people all other rights in their ad-
administrations
These organic laws-all of them, indeed
grant or recognise the right Of legislation in
the Territories, to be exercised in the mode
pointed out. 1t is a general power, en-
bracing all the objects of human legislation,
unless in particular cases where restrictions
are imposed. My opinion is that Congress
can impose no restriction upon the power to
regulate the relation of mas er and servant,
including the condition of slavery, in the
IDl''r.oS, any more than they can upon
I'll, relations Of husband and wife, or of pa
rru and child. Every territorial legislature
which has existed has exercised full power
uncontrolled power-over the two latter do
nestle institutions by virtue of being the de-
p STORY Of Legislative authority, and not be
: cause those objects, or, indeed, any others
V were specially committed to their charge
thus assuming that it is a just subject fol
= such action, in consequence of the grant o
general powers of legislation. And in tn,
= Territories where there has been no Wilmo
E proviso, the power to regulate the condition
o of slavery has been freely exercised among
/ the other objects of legislation, without an
express grant whatever; and in all of then
it could be exercised in the same manner
either to establish or abolish slavery, unles
controlled 10y superior congressional action
in conformity with the constitution. shout
like to have any man point to me a singl
reason why territorial legislature, if lei
uncontrolled in this respect by Congress-
and all who are opposed to the Wilmot pre-
o. viso believe they should be thus left-ca
r legislate upon one of these domestic rel;
tions and not upon the others. l speak
of the legal power, for that is the question
ur issue. Upon what principle can line /
rs, drawn on the chart of legislation Whic
re- re- would divide those great objects of socii
> life, and leave one of them without tt
he sphere of Legislative control and the otht
is within it? The same general terms of poV
d. CT which include one include all and "
We are called upon to deny that power in
particular case, and to leave it in unique
>, toned operation in all other cases. If, il
decd, as | have heretofore said, and now r
peat, the right to take slaves into the TIE
ritories is one, as has been contcnded, whiC
'O- is secured by the constitution, there is
end to the question. 1t would be a rig
which would override and overthrow bo
al congressional and territorial legislation in o
ry position to it. [ have never been able m
ms self to see the force of that constructiC
OH which gives this effect to any of the cOns
tutiOnal provisions; but was always wi
49,. ing, and so expressed myself, that the que
y. ton, being claim Of right, should be su
es, mitted to the Supreme Court, and that
n V'NiNlPH SIl'ulu TIC uldl. DuJ IL VIII De 0
served that Col Davis, in his letter, and
believe those who take similar views
this question, place their opposition
- my doctrine, MT upon the establishment
81 such constitutional right to be found
the constitution itself, hut upon the prob
bic practical result Of the territorial power
that it would give peculiar direction,
the early periods Of the governments, to t
=. legislation Of the country, and if not esta
lsh, at any rate exercise, powerful inf
ence upon its permanent policy. No doul
. sir, 1t would be so, but it is one of those &C
sequences that cannot we'll be avoided
Ihere arc wide differences of opinion
many portions Of this country upon gu
lions OF internal policy, and little uniforr
ia y OF system in their adjustment. Each s
tIer' during the period of settlement, ma
rally prefers that state of things to which
If has been accustomed; and TINS is II that
-. early character is given to these local IN,
"' tutions which it is afterwards dificult
change. 1t is not alone the condition
master and servant which feels the effect
this impress, but it extends to all the
oie jects of legislation, which derive their co
'iO' very much from the views of the first /
., tiers. If newly settling Territory is
occupied by majority Of emigrants froI
slave State, they viii be very apt to est
lish slavery in their new residence. II,
With tho aOutpowvy %ko-v f.o,,n vnov, eli