The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-01-09

stfy, we leave you still with the same righ
n which We ourselves posscs. No law 10 u
# equal unless It acts unequally on difsre
: persons. The Senator from Delaware q
n 20 to these Territories with his hands, b
heart and his head, and mako the most
j, them there, upon the same terms that q
a 60 and mako the most Of tho vastly inferi,
0 power, physical and intellectual, which &c
4 has given TO me. We say that when v
: leave the South and the North, the sla,
States and tho free States, upon that preci,
) line, we leave them equal, and We trenc
on no rights Of theirs by that prohibition.
Wesay, moreover, that the Constitutio
. has expressly giver to the Congress Of u
United States the power to make rules IN
!. regulations for the Territories, and that tn
authority includes power to prohibit SLAYER
in the Territories, and prevent its extensio
over them. remember the FIRST time l ha
tho honor ofaddressing the Senate, the hor
orablo Senator from Michigan, fMr. Ca,
denied this position, and told me the So
preme Court bad decided otherwise. ha
90 much respect for him that did not dii
pute his word, although was not aware Q
any such decision. Since that time | hav
looked into the subject, and certainly non
such can be found.
Mr.. Cass. Tho honorable Senator is mis-
taken. lie misunderstands what said 4
him. The grounds which he took was or
the old question Of tho power Of Congress
to extend general jurisdiction over tho ter
ritories, under that clause Of tho Consti
tuition giving the power to regulate the pub
lie lands. l merely stated to tho honorable
Senatorithat the Supreme Court had decided
that the term "territory' in that clause ol
the Constitution meant land. That they
did decide.
Mr.. Fcssenden. If the Senator will re-
fer to the printed debate Of that day, hc will
find that he Is in the error. Ho will find
that no went rs far rs now state, that il
to say, that the Supreme Court had decided
contrary to the view which was then tax.
ing, vi: : that they derived all Necessary
power to legislate for tho Territories under
that clause of the Constitution. That the
Senator denied, on the authority Of the Su-
premc Court. Although did not dare, a.
q young member of this body, to dispute IL
then, have since ascertained that he was
in error on that point.
Mr.. Cass. The circumstance is perfectly
fresh in my mind. | argued the question
ten years ago, and ten times since. | am
not going to enter into II now. The point
of the honorable Senator, on the occasion
to which he alludes. turned, rs | understood
him, upon the meaning of the word I" terri
tory'-whethsr II extended further than
the public lands. A Senator not now in
his scat-I think 1t was Mr.. Summers
sured the gentleman that the Supreme Court
made that decision. 1t was one Of the Sem
ators sitting on that side near him who de-
clared that such decision had been made.
Mr.. Pessenden. Il was affirmed by the
honorable Senator from California. Mr..
Weller.
Mr.. Cass. think it was acknowledged
by one of the Senator's on the other side.
Mr.. Fcssenden. No, sir.
Mr.. Cass. 1t was touching the decision
of the Supreme Court. that the word "ter-
ritory" in this clause was equivalent to
"public land" With respect to tho other
point, permit mo to say that l did not put
1t. The main argument l produced this
body years ago. | did not assume that the
Supreme Court had so decided. l stated
that, in tho opinion Of Judge Marshall.
which has been alluded to during this debate
he put tho rightof governing the Terrific
ries on three or four different grounds. lie
put it on the ground Of sovereignty. lie
put it Oh the ground Of tho regulation Of
property. lie put In on the ground of the
acquisition of territory and finally, he put
it on the ground Of possession, viz; that
the power was exercised. never based the
view which took Of the incompctency OF
Congress to legislate on tho domestic con-
Germs Of the people of a Territory on decis-
ion of the Supreme Court.
Mr.. Fesscnden. shall no. attempt at
this day, and ON this occasion, to review
any of the former speeches made by the hon.
orable Senator from Michigan. If | UNDER
stood him upon tho former occasion, my
misunderstanding is matter Of record. IL
he refers to il. he will find that am not out
Of the way, for have looked at 1t since the
occurrence with reference to this particular
view. take it, then, not to be disputed by
him, at least, that it is the settled doctrine
of the Supreme Court Of tho United States
that, under this clause of the Constitution,
Congress has right 70 lcgislate for the Ter
ritories. That right may be deduccd besides
from tho necessity of the case. The power
has been exercised over and over again.-
What VIC hold rs party Is, that as this
power exists in the Congress Of the United
States, it is the duty Of Congress so to exer-
cise 1t Us to prevent the extension Of slavery
over free territory.
come now to answer, as far as can, the
question put to me by tho honorable Scna-
tor from Delaware. lie asks how they In
terfero with US? Sir, wo are partnership.
The free States and the slave States arc con-
nected together. The people of the free
States and of the slave States ought to have
influence in this Coniedcracy somewhat in
proportion to their population. There is u
provision in the Constitution which enables
the slave States to exercise q power dispro-
portioned to their number Of free people
Ii is, as claimed by the Senator from Virgin
ia, an element OF political power. lfit bea
fact that free and slave labor cannot exist
together, IL the two systems be in q degree
antagonistical, IL their interests be IN q
measure opposite, everything which has q
tendency to increase the political power OF
the slave interest in this country is direct
encroachmcnt on the political power Of the
free people Of the free States. II may be
constitutional-it may be legal; but it is
none the less IN encroachment: What
tends to increase the ono tends also TO dimln
ish the other. Consequently tho effect, II
beneficial politically to you, Is injurious
politically to US. Il is on this position, as
stated by the Senator from Ohio, that we
base ourselves in some dcgroe.
Again, thi. is political partnership. and
the common burdens are 10 be borne In com.
mon. We have IN interest that the Terri.
tories Of this country shall bs made into
great States, strong States, powerful and
rich States, able to protect themselves, and
aid us in protecting the country, to increase
the revenues and power ofdefenss, and pow.
or Of attack OF his great nation. Will the
honorable Senators from the Slave State
pretend to say that slave institutions hav,
the same effect and tho same POWER In max
ing great and powerful. and strong State,
Of the Union, members of the partnership
II .......,t.... l..p yuttI.I