The daily union., 1856-12-17


ry has become the settled doctrine Of the democratic party
at the present time deny still We say moreoVer-
and allow me TO repeat i-that when We prohlot you
from carrying slaves Territory we leave you sul WIN
the rights which ourselves possess NO law s un
equal in operation unless II acts unequAly upon
persons The senator from Delaware can y Iess S and
make the Of them there, upon the same terms 'nal
60 and make the most Of the vastly Inferior pows
physical and intellectual which God has given 10 me
that when we leave the South and the North the slave
States and the free States upon that precise line we leave
them equal and trench on no rights OF theirs p a
prohibition.
We say moreover that the constitution hss expressly
given the Congress of the United States the power to
make rules and regulations for the Territories and that
this authority includes the power TO prohibit slavery IN
the Territories and prevent its extension them
remember that the first time had the honor OF address,
ing the Senate the honorable senator from Michigan Mr.
CAss denied this position and told me the Supreme Court
had decided otherwise had much respect for him
that did not dispute his word, though was not aware
OF any such decision Since that time have looked into
the subject, and certainly none such can be fund.
Mr.. CASS. The honorable senator is mistaken. lie
misunderstands what Said 20 him. The ground which
he took was on me old question of the Of Congress
TO extend general Jurisdiction the Territories under
that clause of the constitution giving the power to regu
late the public lands merely stated TO the honorable
senator that the Supreme Court had decided that the
term terriory in that clause of the constitution meant
land. That they did decide.
Mr. FESSENDEN If the senator will refer to theprint-
ed debate of that day he will find that he is in He
will find that he went as far as state that is to say
that the Supreme Court had decided contrary the view
which was then taking viz that they derived al neces-
sary power to egsate for the Territories under that
clause OF the constitution That the senator denied
the authority of the Supreme Court Although did not
dare, young member Of this body, to dispute it
them have since ascerained that he in that
point #A# " VI
Mr.. CASS The circumstance is perfectly fresh in my
mind argued the question ten years ago and ten times
since. not going to enter into it The point of
the honorable senaof the occasion to which he audes
turned, as understood him, upon the meaning of the
word errory whether it extended further than the
public lands not hiR seat--I think
Mr. SUMNERassured the gentleman that the Supreme
Court made that decision 1t Of the senator's sit
ion had been made. #.".
Mr.. FEsSENDEN. 1t was affirmed by the honorable
senator from California, lMr. WELLER
Mr.. CASS think it was also acknowledged by one of
the senators on the other side
Mr.. FESSENDEN, No, sir.
Mr. CASS. 1t was touching the decision Of the Supreme
lent to "pubc land" With respect to the other point
permit me to say that did not put it. The main argu-
ment produced in this body years ago did not
that the Supreme Court had decided stated that in
the opinion of Judge Marshall which has been alluded
during this debate he put the right of governing the Ter
rtores on three or four different grounds He put
regulation Of property put It on the ground Of the ac-
QUESTION of territory and finally he put the ground
OF possession viz that the power exercised
based the view which took of the ncompetency of Con-
gress to egsate the domestic of the people
of Territory on decision of the Supreme Court.
Mr. FESSENDEN. | shall not attempt at this day and
on this OCCASION to review any of the former speeches made
by the honorable senator from Michigan. If misunder
stood him upon the former OCCASION my misunderstanding
is matter OF record What he then said is also matter Of
record If he refers to it he will find that not Of
the way for have looked at since the with
reference to this particular view take it. then to be
disputed by him least that it is the settled doctrine of
the Supreme Court of the United States that under this
clause of the constitution Congress has right legs
late for the Territories That right may be deduced besides
from the necessity of the The power has been
cised over and again. What hold a party is
that this power exists in the Congress of the United
States it is the duty of Congress TO exercise it to
prevent the extension of slavery free territory.
come now to answer far can, the question put
to by the honorable senator from Delaware He asks
how they interfere with usf Sir, we are partnership
Ths free States and the slave States connected together
The people of the free States and of the slave States ought
to have influence in this conderacv somewhat in proper
ton to their population There provision in the
stuton which enables the slave States exercise power
dsproporoned to their number of free people. 1t is as
claimed by the senator from Virginia. element OF pol
cal power Fit be fact that free and slave labor cannot
exist together If the systems be in degree anagonis-
ca their interests be in opposite everything
which has tendency to increase the political power OF
the slave interest In this country is direct encroachment
on the political power OF the free people Of the free States
1t may be constitutional it may be legal but II is the
less an encroachment What tends to increase the one
tends also to diminish the other Consequently the effect
II beneficial politically 10 you, injurious politically
It on this position as stated by the senator from Ohio
that we base ourselves in degree.
Again this is political partnership, and the common
burdens are to be borne In We have interest
that the Territories OF this country shall be made into
great States strong States powerful and rich States able
to protect themselves and aid In protecting the
try TO increase the and power Of defence and
power Of attack of this great nation VIII the honorable
senators from the slave States pretend say that slave
institutions have the effect and the In
making great and powerful and strong States Of the
Union members OF the partnership free institutions
have Will they contradict all history TO hazard
any such assertionH trust not Look at the State of
Virginia 1t s State that look upon with great kind
but win the honorable from Virginia The is
not now in his seat will any other man. contemplate
that State and compare her with the State Of Pennsyyania
which lies alongside Of her. and look at her present and
her pasf IL we refer TO revolutionary times shall find
that the State Of Virginia which has territory almost
equal TO the territory Of all New England In square miles
at the present day. but little short Of it, had in those
days population about equal that Of all New England
She had larger commerce and greater agricultural power
She was greater than ALL stronger than all though the
institution Of slavery then existed in New England in
but In much less degree than in Virginia
What is Virginia now, compared with those States in
wealth. strength and power alone2 And speak only of
these Her free white population IL remember rightly
something like two million hundred thousand
two million eight hundred thousand What Is her com
merce refer the senator TO the description given of her
commerce by the present governor Of Vrginat has
ken to itself wings and flown away What is her agrcu
ture2 Doest compare rich she Is in native resource
with the agricultural productions Of even New England
barren and sterile she Is described to be2 What is she
IN any pArtcuar-I powerful State What Is
she in anything except In the patriotism learning and
ability Of her for there do pretend TO uucs
ton ber equality but IN all esen population in com
merc and manufactures in agriculture in everything
that tends to make great and strong Sttehow does
she compare with New England n What has done this
becve-we believe at the North-that Virginia with
her greater natural advantages, with her water power
which unequaed with her soil which Is unsurpassed