Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-03-20
FsibAY, MARCH 10, 1852
IN SENATE,

NJ ,,as;aent letter has just been published in the
Union Of this city, addressed by Col Davis TO the editors
~ the Mssssppian and copied from the latter paper
h;cb relating as it Does TO Of the positions have
taken IN the Senate well elsewhere seems to me to
REQUIRE some remarks especially my views, IN one
resnect at least misunderstood have TO thank Col
n;s far the Justice he done me- with that spirit OF
frankness which becomes his character And, while he
dssent from my conclusions as he had right TO do he
bears testimony against an odious charge never indeed
resting upon the slightest foundation Of truth that design
ed to deceive the South my real opinions in Nicho
son letter Some time since, when first learned this ac
cusaton appealed Southern Senators upon 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 perfectly understood when the
letter was first published You will recolec sir that
member conradicted this statement and that Sc
vera Of them gave their assent to it, and among these was
Col Davis.
am not going into review Of the old controversy
connected with the general subject of the Wilmot provso
desire principally, to put myself right In one partcu
lar, where Colonel Davis has misunderstood me- 1t will
be recoected that when my Nicholson letter waswren
we had not acquired California It yet during the
existence Of the war; and the principles discussed had
therefore relation to the usual form Of territorial govern
ments established by the authority OF Congress My
object was show that Congress had constitutional
power insert the Wmot provso in the organic laws
because the right establish such Governments being
founded upon necessity alone, could extend further
than that necessity required 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 recognise the right Of legislation
in the Territories be exercised in the mode pointed
out It is general power, embracing all the objects Of
human legislation, unless in particular cases, where
strctions imposed My opinion is that Congress
impose restriction the power TO regulate the rea
ton of master and servant, including the condition of
slavery the Territories any than they upon
the relations Of husband and wife, Of parent and child
Every Territorial Legislature which has existed has
ercised full power uncontrolled power the two latter
domestic relations by virtue OF being the repositories of
legislative authority and not because those Objects
indeed any others, specially committed to their
charge thus assuming that it is just object for such
action consequence of the grant Of general powers Of
legislation And in the Territories where there has been
Wmo provso, the power to regulate the condition Of
slavery has been freely exercised among the other objects
Of legislation without any express grant whaever and
in all of them it could be exercised in the manner
either establish abolish slavery unless controlled
by superior Congressional action in conformity with the
constitution should like to have any point to
single why Territorial Legislature if left un-
controlled in this respect by Congress all who
opposed to the Wlmot provso believe they should be thus
lecan legislate upon one Of these domestic relations
and not upon the others | speak of the legal power,
for that is the question Mt issue. Upon what principle
line be drawn the chart of legislation which
would divide those great objects Of social e and leave
of them without the sphere of legitimate CONTROL and
the other within it?
The general terms of power which include one in
cude all and yet called upon to deny that power
in particular case and leave it in unquestionabe OPP
Grafton in all other If indeed, have hereto
fore said and repeat the to take slaves the
Territories is one, has been contended, which is
cured by the constitution there end the question
It would be right which would override and overthrow
both Congressional and Territorial legislation in opposition
to it. have been able myself to the force of
that construction which gives this effect to 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
that its decision should be final But it 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, upon the establishment Of such const
tutona right to be found in the constitution ITSELF but
upon the probable practical result of the territorial pow
err that It would give peculiar direction in the early
periods of the governments the legislation of the
try, and not establish at any rate exercise powerful
influence upon its permanent policy No doubt, sir it
would be but it is one Of those consequences that
cannot well be avoided. There wide differences Of
opinion in many portions of this country upon questions
of internal policy, and little uniformity Of system in their
adjustment Each settler, during the period Of settle
ment naturally prefers that state Of things to which he
has been accustomed and thus is 1t that early charac
ter is given these local institutions which il is after
wards difficult to change. Ii is not alone the condition
Of master and servant which feels the effect of this i'm
press but it extends all the objects of legislation which
derive their color very much from the views Of the first
settlers Ii newlysettlng Territory first occupied by
majority Of emgrsnts from slave State, they will be
very apt TO establish slavery in their residence If
the contrary, they come from aveholding State
they will probably be equally strongly inclined estab
sh that exclusion to which they been and
with relation to all the objects Of which
guated by law. And where there q community
whose political and social system not less
Influenced by the predominant opinions and character
which marked its early inhabitants?
But this objection, sir whatever weight it is entitled to
in the scale Of expedency does touch the question Of
right. That does not depend on Congressional
on but upon the Constitution which does not look
this subject of early Of late legislation the prac
teal considerations to which II may give rise The right
full power therefore, is not affected by the mode in which
it may be exercised whether bearing upon another
Of the vast variety of objects Of civilized life which fall
within the scope Of legislation ALL therefore claim
for the Territorial Governments the right of legisla
ton in all not in conflict with the Constitution the
general rights of legislation which enabled the Ter
ritoral Governments Of Mississippi Of Alabama, and
other Southern Territories to control the question Of slave
ny within their limits and which the Northern Territories
might have controlled at their pleasure had there been
restriction upon their power This question Of
sovereignty but Of right under the sovereign auho-
rty of the Constitution And IL the first settlers in the
Territories might establish their future policy upon this
subject by early legislation, know Of constitutional
principle which could refuse the powers all the
others.
few words more, sir California, and what has
been called squatter sovereignty" have already said
that my Nicholson letter referred only such Territorial
it looked only such Governments be thereafter
tablshed by the authority future acquisitions
should such be confirmed to by atreaty Of peace As
TO the condition Of things in California which followed in
consequence of the failure Of Congress provide govern
ments for the Mexican cessions foresaw it,
tainy endeavored TO provide against it. My let
ter, therefore, did not touch that point all But the
difficulty came and large body of American citizens
upon the shores of the Pacific found themselves without
government, and exposed oil the fearful evils which
such state necessarily brings with it. Life, property