Territorial Governments: Speech of Hon. Lewis Cass

The Territorial Speech of Hon. Lewis Cass, delivered in the Senate of the United States on January 21 and 22, 1850, offers a commentary on the government of the territories and the constitutionality and expediency of the Wilmot Proviso. This speech is worthy of the Constitution and has authoritatively settled the practical application of some of its most fundamental principles.

The exposition presented in this speech is unparalleled in its clarity and precision, particularly in its analysis of the topics currently under consideration. It declares that the validity of granted powers is solely due to the fact that they have been granted, and that if the granted powers are valid, then all other powers not granted must not be valid. Whenever a question arises regarding the constitutionality of a particular power, the first inquiry must be whether that power is expressly stated in the Constitution. If it is, then the question is settled. However, if the power is not expressly stated, the next step is to determine whether it is properly an incident to an express power and necessary for its exercise.

This authoritative interpretation of the Constitution's principles is of great significance, as it provides a clear and unambiguous framework for addressing the complex issues surrounding the government of the territories and the Wilmot Proviso. The speech's clarity and cogency make it a valuable resource for scholars, policymakers, and the general public alike, as they grapple with the intricate constitutional questions at the heart of these debates.

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Through the publication of this speech, Forgotten Books continues its mission of making significant historical documents accessible to a wide audience. By providing a platform for the dissemination of these invaluable resources, the company contributes to the ongoing scholarly discourse and fosters a deeper understanding of the complex legal and constitutional issues that have shaped the history of the United States.

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