Washington sentinel., 1855-02-08
REMARKS OF CENERAL CAss

REMARKS OF GENERAL CASS
on THE INsTRUouoNs OF THE MICHIGAN LEGIs-
LATURE.
senate-Monday, February 8, 1855
SLAVERY IN THE TERRITORIES, ETC.
Mr.. STUART presented a preamble and re-
solutions passed by the Legislature of the State
of Michigan, instructing the Senators and re-
questing the Representatives from that State
IN Congress to vote for, and use their best ex-
ertions to procure, the passage Of an act of
Congress to prohibit the introduction or exis
tence Of slavery in the Territories Of the United
States, and especially in Kansas and Nebraska;
and also instructing them to vote for the re-
peal of the Fugitive Slave law, as containing
provisions of doubtful constitutionality, and
which are repugnant to the moral sense Of the
people of the free States. NJ
The resolutions having been read,
Mr.. CASS said: Mr.. President, it is now
some years since the Legislature OF Michigan
instructed the delegation Of that State in Con-
gress to vote for the measure historically known
as the Wilmot proviso-the interdiction of
slavery in the Territories of the United States.
| took the earliest opportunity in my power, in
some remarks / made here in connection with
the general subjects of Congressional jurisdic-
ton over those political communities, to an
uOuuCc the COURSE i 10 pursue. ms
my convictions of constitutional duty prohib-
tied me from obeying the instructions, ayowed
the determination to resign my seat in this body
whenever should be called upon by its pro-
ceedings to take my part in the decision of the
question.
While protesting my adherence to the gen.
eral doctrine, said: II am a believer in the
right Of instruction, when fairly exercised and
under proper circumstances. There are limi-
tations upon this exercise, but need not seek
to ascertain their extent or application, for they
DO not concern my present position. ac-
knowledge the obligation of the instructions
have received" &c. Any further action, how
ever, on my part, became unnecessary by the
repeal of the resolutions-a measure which was
adopted with much unanimity by the Legisla-
ture, and approved by vast majority Of the
people Of the State.
And thus has the subject rested undisturbed
till within few days; the delegation of Michi-
gan in Congress having been left to follow the
dictates Of their conscience and judgment in
relation to this whole matter. Quite recently,
however, a change has taken place. The demo
cratic party in the State HAS lost its ascendency,
and new party, with different views, and
may add, in many respects with discordant
ones, having obtained possession Of the legisla-
been read are the result of its action, and call
upon me, as well as upon the other members
of the delegation to vote for depriving Ameri-
can citizens in the Territories of the power to
regulate one of the most important of their
domestic concerns-that Of the relation between
master and servant, and for the repeal Of the
existing fugitive-slaye act, passed to give effect
to solemn guarantee of the constitution. AS
peremptory decline to do either, and intend TO
retain my place, it is necessary, in my own
vindication before the people ofthe State, whom
desire respectfully to address from the seat
which | here occupy by their favor and kind
ness, that shonld now do what was not re-
quired to do on the former occasion, to "ascer-
tain the limitations" upon the right of instruc-
ton, or, to speak, perhaps with more precision,
"the extent" of the duty of obedience, SO far as
concerns my present position. And | have to
say, sir, that the circumstances in which the
power to pass these resolutions originated con-
stitute one of the very cases which occurred to
me at the time those words of caution were
spoken as restricting the obedience of the rep
resentative. The practical question, briefly
stated, is this: Has political party, whenever
1T ascends to power, by whatever combinations,
the right to pass resolutions which its opponents
in legislative trusts are bound to obey, or, if
prevented from obeying by their conscience and
consistency, to resign their position? The con-
sequences Of such rule Of action are too obvi-
Gus to need detailed examination and too serious
to be incurred without pressing necessity. Into
this body it would introduce changes, radically
affecting its organization, and incompatible
with the objects Of It's institution as the repre-
sentative branch ofthe sovereignty of the States.
1t would lose every characteristic of perman-
ence, its members going out, year by year, as
political fluctuations might transfer power from
one party to another; for at all times would it
be easy to select questions for this process of
removal, which no honest man, Of an opposite
party, could support. Some of these are con-
stitutional, and others scarcely inferior to them
in Importance, involving points of policy form
ing the very landmarks of the debatable ground,
where our struggles have always heretofore
taken place. That this power would be used,
abused, indeed, for this purpose, no man will
deny. The excitements Of the past warn us as
to what the future would bring with it; and
that the disadvantage would be the share of the
democracy is certain, for it is well understood
that in the creed Of our opponents instructions
carry with them neither the duty to obey nor
the obligation to resign. The two Whig sena-
tors who have occupied seats in this body from
Michigan, one of them my immediate prede-
Scoooit onu eno oehci my cohchRue uuilhB
portion of my first term of service, honorable
and distinguished citizens, both disavowed the
obligation on instructions, and both refused,
at least in one instance, to obey the expressed
will of the legislature, conveyed to them by its
resolutions. And believe their views were in
conformity with the opinions of their party in
the State.
/ am not called upon to discuss the general
doctrine. All seek is to explain why / ac
knowledged the obligations of the former in
structions, and deny those Oft the present And
when deny the power of the existing majority
of the legislature Of Michigan, composed as it
is OF political opponents, whose efficient bond
Of union is antagonism to the democracy, to in
struct me out of Office, | feel that my object is
accomplished. presume there was not mem
Der of the general assembly whose will is inn
bodied in that document who did not know that
no human consideration would induce me to
support the measures which find such favor in
their eyes. SO far as respects myself, it was
the vacation of the Office that was hoped for.