The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-23
GEN. cAss AND JUDGE MsLEAE.

uuucI1tuou W pc Hum tnc Peu W saobS N-S~' - -
publication Of recent letter from that gentleman to Gen.
Cass have excited inquiry into the consistency OF bis opn
ions upon the question Of the power of Congress s
very in the Territories of the United States Whatever 80
disn guished jurst as Judge Mclean shall say upon
questions the interpretation of the constitution
cannot fail at any time arrest the attention Of the
Try; but more especially must II do 80 now when his
opinions refer to question of the greatest magnitude,
upon which the people will be called TO render their
verdict And since it seemed to him properslthough
member Of the tribunal of last resort upon questions of
constitutional inerpretation-that he should
these opinions originally In the form Of an anonymous
communication, and now again in private letter which
has just reached the public eye it is alike due to him and
the country that they should be scanned with impartial
criticism that the true ground Of difference between him
and other gentlemen, not less distinguished than himself
should be understood and that these conflicting opinions
should be tested by the light thrown upon them by the
constitution itself.
After enumeratng the several clauses in the constitution
from which the legislative power Of Congress over the Dis.
trict of Columbia and the Territories is derived he pro-
ceeds to show in the article published in the tegnc
that the power establish territorial governsnts is not
specifically granted but derived by necessary implca
ton from the third section of the fourth article of the
=
dispose Of and make all needfu rules and regulations
spectng the territory other property belonging to the
United States" And them the necessary consequence
of his argument he Immediately states its result to be-
that apoAt,cal poper is not it would seem within the
grana conclusion which he considers too clear to be
controversial" He says
"Now there specific power In the constitution which
authorizes the organization OF territorial government
Such power given relation to the District Of Column
b and equally in regard to other Terrific
es But II this power be implied from the specific power
given to regulate the disposition OF the public lands must
under the above rule be limited to suitable to the end ~
vteu If Congress no beyond this In the organization Of
they act without Limitation, and may
establish monarchy. Admit that they may organize gov
which shall protect the lands purchased and provide
for the administration of Justice the settlers 1t does
by follow that they establish slavery This 10
relation which must BIO created by the local sovereignty
II Ii municipal regulation of limited extent and necessarily
Of an equally limited origin. is domestic relation
nheh the federal government exercise control Add
above ALL the instuion Of slavery Is not phin any mplioa
Ghich be drann from the pooer to regulate and dis
pose Of the puLc lands other property he United States
As before remarked slaves not treated in the consttu
ton as property They made property by the local
law"
In presenting to readers this extract from the ar
Gle referred to- have chosen to give his opinions in his
own words that we may not lay ourself liable to the
imputaiion of desiring to do him injustice which
tanly far from wish He here states distinctly and
phatcay that the only power possessed by Congress
establish territorial governments is derived, by implca
ton from the power make all needu rues and regula
tons respecting the territory &C. and that this does not
include political poer but is "limed to suitable
to the end in view" What Is the end in view? Can it
be else than the protection of the territory and
property Of the United Sates2 And must the
he In lane tn
those rules and uations" that found necessary
this object? If they are not thus mited" then they ne
cessary include political power" and if they embrace
this power and the establishment Of slavery is necessary
protect the territory and property of the United States
then Congress has the power to establish it. 1t is
ded all hands that the establishment of slavery the
exercise of political power alone and is because this
power not possessed by Congress in the Territories that
he declares slavery be "a domestic relation which
the federal government ezrese control" and because
also Of the additional and conclusive that "he
stution of slavery is within any implication which
be drawn from the power to regulate and dispose of
the public lands other property of the United sta,e
1t would be difficult to find language clearer and strong
than Judge Mclean has here employed. It expresses
fully and satisfactorily the idea that the federal govern
exercise control whatsoever the subject
OF slavery in the Terrtories IL meets the question July
and broadly and we well recoect what satisfaction Il az
forded the advocates of this doctrine at the time know
that this opinion emanated from distinguished member
Of the Supreme Court II to the aid Of the distin
guhed and venerable senator from Mchgan-now stand
ing at the headf living staesmenwhen he grapped
with this question in 1885, and referred to by him In
debate fully sustaining his opinion not only as
then announced but expressed in the celebrated "
olson letter." Gen. Cass then assumed, and as we think
rightly that this opinion Of Judge Mclean denied to Con-
gress both the power TO establish and the power prohibit
slavery the Territories and such has always been I'M
dersood to be It's effect And assuming he placed It in
a prominent position in the debate upon the question:
claiming that IL fully sustained his views thus afford
ing Judge Mclean full opportunity to set himself right
injustice had been done him by the distinguished senator
But this view Of bis opinions has remained unsnesoned
by him until lately referred to again by Gen. Cas in his
great speech OF the 18th instant wherein be merely repeat
ed his former construction OF the article In the gencer
This has given rise to the following correspondence
wAsHIseros,' May "a, 1856.
NY DEAR sra friend stated 10 me yesterday that he
understood You say that did consider that Congress
had power under the constitution TO prohibit slavery In
Territory. doubted that Congress had this
and could have expressed any on the subject
You may recollect that have in conversations with you
territorial government might in the exercise Of police
power, proh slavery, although they had constitutional
power 70 iassiists IT, 81 Ea.
,reoru,ed nav fepd that vss sure be