The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1856-12-23
INTERESTING DEBATE
IN CONGRESS-.

| lreSiucllL heSSiISt uHucI
Mr. Cass replied to the statement of Sena
tor TrumbuIl. made the other day, that the
| Supreme Court had decided through Chief
Justice Marshall that Congress possessed ALI
the powers of the Federal and State Gov
eminent relative TO the Territories. This
| was a Misrepresentation. Tie Senator
! from Illinois CTrumbulD had mistaken a
| dictum of the Chief Justice for Il decision
! of the Court. but even then he had not es-
| tabliShcd his case. What the Chief Justice
said, was, that Congress possessed the
'.comhincd'' powers of the Federal and State
| Government. and this referred not to the
extent of jurisdiction but TO its nature.
Mr.. Cass reiterated his views upon the
subject of popular sovereignty, contending
that the grant of pawer in the Constitution
to Congress over the ''territory and other
property of the United States" merely re-
ferred to the territory as land. and implied
no jurisdiction over the people living on
! that land.
To enforce his views, Mr.. Cass inquired
if the power was derived from that provi-
sion in the Constitution, what power does
Congress possess to legiSlate over that ter
ritory which never belonged to the United
States! That was the question which he
had put when commenting on this topic on
previous occasions, but it had never been
answered. and he believed it could not be.
Mr. Wade asked upon what ground Mr..
n,
in voting for bills establishing Territorial
Governments.
Mr.. Cass replied it was the exercise of
the Constitution. Mr.. Madison had taken
similar views upon this subject, and he
(Cass) quoted him as authority. In the
course of his remarks, Mr.. Cass referred to
the report of speech delivered by Mr.. Sc
ward in Buffalo recently, in which South
ern Shareholders were stigmatized as priv
LEGGED class.
Mr.. Seward stated that he had never made
the speech attributed TO him.
Mr.. Cass was very happy to be SO inform
ed.
Mr.. Hale spoke briefly in defence of the
views Of those cooperating with him, taking
occasion to culogize the higher law. In the
course of his remarks he exhibited large
handful, calling a Democratic meeting in
Pennsylvania in favor of Buchanan and
breckenridge and free Kansas, and an
nouncing Ex-Governor William Bigler as
one of the speakers on the occasion. The
exhibition of the handful occasioned general
laughter.
Mr.. Biglcr said he not present at the
meeting and never before saw the handful.
Mr.. Hale said there was then double
fraud, for they not only announced them
selves in favor of Free Kansas but cheated
the people by false assurance that Mr..
Bgler was to be one of the advoc ates of
that doctrine.
Mr.. Biglcr remarked that the Democrats
were in favor of free Kansas; that is, in
favor of leaving the people of Kansas to
regulate their own institutions to suit them
selves; while the "rcpublican' party were
in favor of having them subjected to the
control of a power exterior to themselves.
Democrats were in favor of free white men
in Kansas and everywhere else, but the
sympathies of "Rcpublicans' were for the
colored race.
Mr. Hale said that if in 1860 the ''Repub-
licans" obtain the power, as he thought they
would apply the principle of excluding
slavery from the Territories. 1t was the
trust committed them by Providence, and
the interests of humanity and religion re-
quired it. He believed the sentiment was
growing stronger. He could see the hand
of Providence in it. as the sparrow does not
fall without his notice.
Mr.. Brown-Do you see the hand of Prov
idence in the election of Mr.. Buchanan
Laughter.
Mr.. Hale-God tries us with calamities
and sometimes with mercies. Renewed
laughter.
Mr.. Cass briefly condemned the doctrine
of the higher law as one of the greatest
political heresies, while he acknowledged
our moral obligations to God.
HOUSE OF REPRESENTATIVES,.
Mr.. Humphrey Marshall said he under
stood the position of the american" and
''Republican parties, but that he did not
believe there was a Democrat here who
could make a statement which would be ac-
quiesced in by the Democratic party, North
and South, on the subject of the right of
the people TO govern themselves in the Ter
ritoriCs.
They had the doctrine of Mr.. Cass, pro-
nOunced as the nrincinal and nhilnSnnhY of