Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1856-06-05
From the National Intelligencer.
Judge Mclean and the Territories


House OF Representatives, May Is, 1855.
To the Editor Of The National hteiigencer:
Thanking you for reproducing yesterday the
communication from Judge Mclean of December
%, l947, have now to request that you will
give place to the accompanying brief cores
bondence between the Judge and Senator Cass,
which has grove out of the illusions of the latter
in his speach on the 18th instant TO that com.
nunicalion The purpose of Gen. Cass was 10
fortify, by the opinion of 50 able jurist as Judge
Mclean, his argument against the power Of the
federal government to the leglsla,e on the sub
ject of slavery in the territories, and he very
properly now, as he did in 1850, cities the au-
Ihoity of the Judge in the denial of the power
of Congress to institute that relation in territory;
and so far he and Judge Mclean occupy the
same ground.
But here they part company, Gen, Cass deny
ing and Judge Mclean as emphaiically affirming
the power Of Congress 10 prohibit. OF this
power. as Judge Mclean says in his note, he
never entertained nor expressed any doubt; but,
on the contrary, has often asserted it. The OBJ
j-ct of Gen. Cass, as it appears by his reply,
was not to impute to Judge Mclean denial Of
the power TO prohibit, but, by way of argument,
infer from the absence of the power to institute,
as asserted by Judge Mclean, the absence of
the power t., prohibit. OF the force OF The ar
gument have nothing now to say, for it is not
my purpose TO raise any question " it'll Gen Cass
on the subject.
The doctrine of Judge Mclean as clearly dc
duclbla from his communication, Is briefly this ::
That Congress has no power to institute slavery
in the territories, and, fortiori, cannot DELEGATE
that power to terrific y, and that a territorial
government cannot exercise thai power; and
hence it results that slavery cannot lawfully exist
in u territory so long as it remains in a terri u
rial condition. except in The case of territory of
its acquisition; and in such case Judge Mclean
holds that Congress, in the exercise Of police
power, may relation in its discretion.
WASHINGTON, May 10, 1856.
My dear Sir: A friend stated to Inc yester-
day that he understood you to say that did not
consider that Congress had power, under the
Constitution, to prohibit slavery in territory.
never doubted that Congress had this power,
and could never have expressed any doubt on
the subject
You may recollect that have in convcrsa-
tons with you often said that Congress, having
the power to es ab'ish territorial government,
might, in the exercise of pulice power prohibit
slavery, although they had no constitutional
power to institute it.
" informed my friend that was sure he
Inexperienced you. drop this note that il
the publication Of your speech you may correct
any mistake of the slenographer on this subject
Very truly yours, "JoHN Mclean.
F" Hon. l. Cass."
WAsuiNeToN, May 10, 1856.
" NV dear Sir received yonr note just as
was preparing to resume my speech, aud there
fore conld MOI answer you then. Your inform
ant is in error All said was to present precise
y the view took in 1850.
g have just looked it over, and find have
, said nothing of your denial of the power. |
, refers to your opinion that Congress has no RICH
to control the domestic relations. and introduces
a quotation from your article of ls47, in which
you deny the power of Congress to INTRODUCES
slavery into the territories If can get proc
5 copy of that part of my remarks III afternoon
will send ii 10 you; but, repeat, the views
have presented of the question are little NOR
than repetition of my views in 1850.
" am, dear sir truly yours, LEWIS CAss.
F" Hon. John Mclean