Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1852-04-24
General Cass.
UNITED STATES SENATE,

Mr. CASS.-Mr. President, letter has JUST
been published in the Union addressed by Col.
Davis to the editors of the Mssissippian, and
copied from the latter paper, which relating as it
does TO some of the positions have taken in the
Senate as well as elsewhere, seems to me to re-
ouire some remarks-especially as my true views,
in one respect at least, misunderstood. have
to thank Col Davis for the justice he has done
me- with that spirit of frankness which becomes
his character. And while he dissents from my
conclusions he had right to do, he bears tes-
timony against odious charge, never indeed
resting upon the slightest foundation of truth
that | designed to deceive the South as to my
real opinions in my Nicholson letter. Some time
since, when l first learned this accusation, | ap-
pealed to Southern Senators on this floor, and
said it was well known to many of them that the
plain language of my letter correspondent with my
views, and that my opinions were perfectly under
stood when the letter was first publised. You
will recollect sir, that not one member contradc-
ted this statement, and that several of them gave
their assent to it, and among those was Colonel
/ Davis.
/ am not going into review of the old con-
troyersy connected with the general subject of the
Wilmot provso. | desire principally to put my
self right in one particular where Col. Davis has
misunderstood me. 1t will be recollected that
when my Nicholson letter was written We had not
acquired California. 1t yet during the exis-
.tence of the war; and the principles discussed
had therefore, relation to the usual form of ter
ritorial governments as established by the author
ity of Congress. My object to show that
Congress had no constitutional power to insert the
Wilmot provisio in the organic laws, because the
right to establish such governments, being foun-
ded upon necessity alone, could extend no further
than that necessity requires, which is satisfied
when the governments organized, leaving to
the people all other rights in their administration.
These organic laws-all of them indeed-grant
or recognize the right of legislation in the Terri
tories, to be exercised in the mode pointed out
1t is general power, embracing all the objects OF
human legislation, unless in particular cases where
restrictions imposed My opinion is that Con-
gress can impose no restriction upon the power to
regulate the relations of master and servant in
Guiding the condition of slavery in the Territories,
any more than they can upon the relation of hus-
band and wife, parent and child Every terri
toria legislature which has existed has exercised
full power-uncontrolled power-oyer the two
latter domestic institutions by virtue of being the
depository of legislative authority, and not be-
cause objects, or indeed, any others, We're espe-
cially committed to their charge thus assuming
that it is just subject for such action in conse-
quence of the grant of general powers of legisla-
4 ton. And in the territories where there has been
no Wilmot proviso, the power to regulate the con-
dition of slavery has been freely exercised among
the OlHtT ODleCIS Vi leSlSldGlOn, hltHOut tA-
press grant whatever; and in all of them it could
be exercised in the same manner, either to estab-
fish abolish slavery unless controlled by supe-
rior congressional action. [ should like to have
any point to me single reason why terri
to,ia legislature, if left uncontrolled in this re-
spect by Congress-and all who are opposed to
the Wilmot proviso believe they would be thus
left-can legislate upon one of these domestic re-
; lations 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 these great
objects of social life, and leave of them with
out the sphere of legislative control and the 9th
er withit? The same general terms of power
which include one include all; and yet we are
called upon to deny that power in particular
case, and to leave it in unquestoned operation in
all other cases. If, indeed, as have heretofore
said, and now repeat the right to take slaves into
the territories is one, as has been contended which
is secured by the constitution, there is an end to
the question. 1t would be right which would
override and overthrow both congressional and
territorial Legislation in opposition to it.
have never been able myself to see the force
of that construction which gives this effect to any
of the constitutional provisions: but was always
willing to express myself that the question being
claim of right, should be submitted to the ST.
preme Court, and that its decision should be final
But it will be observed that Col Davis, in his let
ter, and believe those who take similar views Of
this question, place their opposition to my doc
trne, not upon the establishment of such consti-
tutiona right to be found in the constitution ITSELF
but upon the probable practical result of the terri
torlal power-that it would give peculiar drec-
ton, in the early periods of the governments, to
the legislation of the country, and if not estab-
fish, at any rate exercise, powerful influence up
on its permanent policy. No doubt, sir, it would
be SO, bat it is one of these consequences that
cannot be well avoided There are wide differ
ences of opinion in many portions of this country
upon questions of internal policy, and little uni
formity of system in their adjustment. Each set
tier, during the period of settlement, naturally
prefers that state of things to which he has been
accustomed and thus is it that early charac-
ter is given to those local Institutions which it is
afterwards difficult to change. 1t is not alone the
condition of master and servant which feels the
effect of this impress but it extends to all the OBJ
jects of legislation which derive their color very
much from the first settlers. If newly settling
Territory is first occupied by majority of emf
grants from slave State, they will be very apt
to establish slavery in their new residence If, on
the contrary, they come from -slaveholding
States, they will probably be equally strongly in
clined to establish that exclusion to which they
have been accustomed and so with relation to
all the objects of concern which are regulated by
law. And when was there ever community
whose political and social system was not more or
less influenced by the predominant opinions and
character which marked its early inhabitants p
But this objection, sir, whatever weight it is ent-