The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-24
ire equally incompatible with their

he discharges himse)f from none of his constitutional
obligations Before he eit he State ne was p1, y re 70
moving to Territory Before he eit his Stale ne was
subject to the constitution in those matters within ,ns
jurisdiction and confines OF II, III the Hoe ieo
and defined thereby and he does not cease So 10 DC 80
when he goes into Territory of the United STATES DE-
fore he emgrated Congress could exercise a e o"els
over him. to which the gentleman refers anu ne uoes o
withdraw himself from jurisdiction IN respect 70 mem
BY his removal from part oil 'he county ~ anoo,
We do not force the constitution upon nun =. nc, anre
it with him. But the gentleman says ne IS nor repre-
scented here nor he in the States under similar CIR
cumslances A fraction OF people IN State, as was
decided in Washingons time less than the number
emitting them to member, is not represented on
this Aoor nor is smaller number in the Territories
But soon as the population o. ieId.oay reach ma
members in Congress, into the union OF States. And
this right, maintain absolute right oil which Con
gress cannot deprive them am here speaking OF the
rights OF citizens not of the conquered subjects
OF another nation ! shall come 10 that point directly.
But several gentlemen have asserted, that in the right
claim for the people OF Territory concede to the Ter
ritorial government sovereignty.
Now, sir. Il have involved myself in such absurdiy
Nor in quite great, in which they have involved
themselves when they claim sovereignty for the State
governments; nor in still greater, when they clam
sovereignty for this government Sir, there is no such
tenn The word is not to be found in he declaration Of
Independence, in the constitution OF the United States
II the attribute Of God alone and it was sacrleglous
assumed by kings at time when they mpously claimed
TO rule by Divine right. Sovereignty is unlimited
and ilimitable The concession of sovereignty to gov
ernments has always carried with it despohc power ove
life, liberty, and property BY it, death Punishment and
conscstion have been legazed The idea OF sovereign
~ in government is at with every principle OF oul
political system We claim that all governments are
trusts but there is nothing iduciary in sovereignty
Sovereignty in the metaphonca sense in which is usual
y employs ed with resides in the people, OF whom the
government but trustee and agent The distinction
between the right of selfgovemment in the people, and
sovereignty in governments is most vital According to
the one the ultimate authority is In the people, and they
bestow limited powers upon their agents. According
10 the other, that authority the governors, who be-
stow limited franchises on the people. Under the hrsl
theory, the government do anything destructive
the ends for which it instituted, and in violation
OF the trust conhded TO it; under the second 1t
do everything from which it has not debarred IL
When, therefore, concede the people of Territory
the exclusive right of egslating Tor themselves, by no
means concede TO- them an unlimited right Terrific
rial government, like all other OF Our governments Is
trust; and its agents do nothing in violation OF II
All governments under system instituted for the
protection of the rights of life liberty and property; and
they can do nothing in violation Of them. Private prop
erty cannot be taken Tor public USE without ample
compensatory and it cannot be taken at ALL for any other
purpose. This would have been the under sys
tem even if the constitution had not declared In
ceding the right of selfg0yenment to the people of the
Territories, under the restraints OF the constitution and o.
the fundamental principles OF our republican system,
by no means concee the right has been asserted TO
few sqsaers Gas our enterprlsng and patrioc iron
tier men are called by drones of the old Sates to de-
prve any portion OF the people of this confedera
cy of their property; The very reverse is the only
legitimate inference from my argument. So far from
the legislatures Of the Sta even the right to destroy
private property. Even they only take for pub
lice and not them without making ample conpensa-
Hence have always denied the right OF Congress
to abolish slavery the District OF Columbia, and OF the
State legislatures to do it within the limits of the States
it can only be done, in my view, by the people them
selves in solemn convention assembled where they
exercise, Vt anywhere, sovereign authority, ny which
alone can such an act be done.
Gentlemen who admit the right OF Congress to abolish
slavery in this District and have conendeI for the right
and expediency OF aboshng it by the action OF the State
legislatures, may maintain the dangerous heresy which
they attribute TO me. and those who agree with but
it will never, in either sphere find in advocate and
whenever 1t is reasseed by them, am in public life
shall be prepared to NEE. them in debate.
have shown at length heretofore, and briefly this
OCCASION the exact similarity OF the power now asserted
to be in Congress- body possessing limited author
cestors resisted when claimed by the British Parliament,
which is imperial in respect to the colonies now desire
TO show how precisely analogous are the arguments
sation by John Taylor of Caroline, ciaru ct venerable
onen of the statement OF Judge Marshall, in his Life
of Washington of the argument OF the tories in favor OF
the supremacy OF Parliament over the colonies And
assert that, mutas mutdndis, it is not only synopsis
OF one, but OF all the arguments now advanced in support
of similar claim of authority for Congress the
Territories. John Taylor thus up Judge Marshals
statement:
ain MarshaPs Life of Washington it is said that many
of the besnformed men in Massachusetts had, perhaps
adopted the opinion OF the parliamentary right OF nterna
government the coones that the English statute book
furnishes many Instances OF its exercise that IN no
recolected, their authority openly conoverted and
that the general of Massachusetts, late OCCASION
explicitly recognised the same principle
Now submit to every one who hears me, if this does
not contan-admably condensed admit-but if does
not contain. in substance, every argument now used to
sustain the power in Congress to legisate for the Terri
forrest TO make this manifest beg leave to parody it,
only changing Congress for Parliament, territories for
colonies, and American for English would then read
thus: Many of the best-informed men in Massachu-
sets" Csee the speeches of Messrs. MANN, HuDsoN,
ROCKWELL, DAVIS, WEBSTER. Sci "have adopted the
opinion Of the congressional right of internal govern
the Territories; that the American statute
book furnishes many instances of its exercises that
ecolleced their authority openly controverted
and that the American courts explicitly recognised the
principle" put it TO the House, If the parallel is
to the argument! point to Faneul Hall and Bunker
Hill for the answer But, alas the voice which
from that hall aroused the soul of freedom heard there
more and sentiments which fifty years ago would
have constituted treason received with applause
How sadly are we degenerated!
Nor does the parallel between the two occasions stop
here The relapse from the sentiments OF that period
more remarkable we proceed. Them ruinous prece
dent attempted to be established by comforting
cunary favor Now they attempt to do the SAME thing
by assuring us that we not to be injured thereby
Thcn the tea tax was appropriated to relieve the colonial
treasury. Now, told that slavery go to
Oregon and that the Wilmot proviso harmless Shall
the parallel stop here Then, ancestors would not
that chains should be forged for them though
they Were glded. Shall be reconciled to have
letters made for by the that they are not
be used to our injury
have thus far argued the question to the manner
in which Territory 10 be governed which peopled
ants conquered subjects of foreign nation, different
principle applies They entitled to other rights than
are secured to them by the treaty which choose IN
clemency, to extend to them. 1t Is true, where