Mississippi palladium. [volume] (Holly Springs, Miss.) 1851-1852, 1852-05-13


Mr.. CASS. Mr.. President, let
ter has just been published in the u
Mon, addressed by Colonel Davis TO
the editors of the AIississippian, and
copied from the latter paper, which re-
lating as it does, to some of the po-
sitions have taken in the Senate, as
well as elsewhere, seems to me to re-
quire some remarks; especially as my
true views, in one respect al least, are
misunderstood. | have TO thank Col
onel Davis for the justice he has done
me, with that spirit and frankness
which becomes his character. And,
while he dissents from my conclusions,
as he had right to do, he bears testi-
mony against an odious charge, never,
indeed resting upon the slightest foun-
datlon of truth, that | designed to de-
ceive the South, as to my real oPin-
ions, in my Nicholson letter. Some
time since, when | first learned this ac-
cusatlon, | appealed to Southern SEN
ators upon this floor. and said it was
well known to many Of them, that the
plain language of my letter correspon-
ded with my views, and that my opin-
ions were perfectly understood when
the letter was first published. You
will recollect, sir, that not one member
contradicted this statement, and that
several of them gave their assent 10 it,
and among those was Colonel Davis.
am not going into a review of the
old controversy, connected with theg gen
eral subject of the Wilmot proviso. |
desire, principally, to put myself right,
in one particular, where Colonel Davis
has misunderstood me. 1t will be rec
objected that when my Nicholson let
ter was written, we had not acquired
California. 1t was yet during the exis-
tence of the war, and the principles |
discussed had relation to the usual form
OF territorial governments. as estab-
Iished by the authority of Congress-
My object was to show that Con-
gress had no constitutional power to in-
sert the Wilmot proviso in the organic
laws, because the right to establish
such governments being founded upon
necessity alone, could extend nofurther
than that necessity required, which is
satisfied when the governments are
organized, leaving TO the people all
other rights in their administration
These organic laws, all of them indeed.
grant or recognize the right of legisla-
ton in the Territories, to be exercised
in the mode pointed out. It's gene
raj power, embracing all the objects ol
human legislation. unless in particular
cases, where restrictions are imposed
Ny opinion is, that Congress can i'm
pose no restriction upon the power tc
regulate the relation of master and ser
want, including the condition of slavery
in the Territories, any more than they
can upon The relations of husband anc
wife, or of parent and child. Every
4 Territorial Legislature which has ex
listed has exercised full power, uncon
trolled power, over the two latter do
mestic relations, by virtue of being th'
repositories of legislative authority
and not because those objects, or in
deed, any others. were specially com
mitted to their charge, thus assuming
that it is just object for such action
in consequence of the grant of genera
powers of Legislation. And in tie Ter
ritories, where there has been no WI
mot proviso, the power to regulate th,
condition of slavery has been freely ex
ercised among the other objects of leg
islation, without any express gran
whatever; and in all of them it could b
exercised in the same manner, either Il
. establish or abolish slavery, unless con
trolled by superior Congressional &C
ton, in conformity with the Constitu
ton. should like to have any maj
point to me single reason why a Ter
ritorial Legislature, if left uncontrolle'
in this respect by Congress-and a
who are opposed to the Wilmot provi
SO believe they should be thus left--ca
; IIegislate upon one of those domesti
: relations and not upon the others.
: speak of the legal power, for this is tn
S lquestion at issue. Upon what primo
a pie can line be drawn on the chart {