The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-17

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chasn,--which u aay saisllecsaai poser soaia b !,
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laon, necessary, a. the senator says. u tbs ass II II
property Here " leap that oyersifss The eaastgiaa
Mr. Madison Tells % ths the oalg egilmAis aeisne' "
the Congress o. The eoaieasfalisa W We ,nsa'st
territorial governments was ihs NECESSITY ios then .f
in the absence oi constitutional power ans lHaxr NJ.
shall. when exploring this sahleci aad uaeiar ~ y
thority first 70 one source and ihFn V anoahs' and
IDENTIFY dissatisfied with bis CONCLUSIONS. apyssn
by the significant remark, thai whichever nay y IL
source whence the power 10 deryei the possession al
II is unQuesonable" observes thai perhas@ ths pos
may result from the fact that Il the ieulinpl ~
within the jurisdiction ol any particular state, and
within the Jurisdiction oi the United States" Aai wAr
does not see that this rs but another name Tor neces
..'or inevitable consequence a. y elsewhere easa
this eminent man, resulting not from constitutional 10
visions, but from underlined political relations. which
pose obligations necessary 10 be fulfilled, but IN
scrbed in the constitution And, IN their practical Ne
lions 10 encroach no further uponihe liberty Of the peo
than is necessary 10 give Them the benefit Of jas 10
litical organization, and 10 preserve the reaion wfu
should s $ between be- them and Us
ceived the proposition which stated with regard % the
powers OF Congress He POUNDS the argument which he
has delivered with so much efvor and eloguence ug0a
this suggestion that because the term "sDreraga"
not TO be found in the constitution, Congress caana
exert sovereign power
Mr. CASS.- did not hear the statement OF the zen.
ator.
Mr. BERRIEN. have said tina, the sovereign power
over this domain in the people OF the United States
who are its propreiors and that Congress. the agent
OF that people, was created by the constitution TO exercise
such portion OF the sovereign power a. - delegated b
them Now, the argument oil the senator is this look
into The constitution and from beginning TO end you
cannot find the word sovereign" in H. and therefore you
cannot infer that any power exercised ny GSnsress
grant 10 Congress power 10 do act which IL character
siic Of sovereignty, would il be necessary 10 say. I'VE
grant to you, the Congress OF the United States, The
sovereign power 10 do such act The power TO decan
car sovereign power, and Il is conferred upon Con
gess by the constitution And does not this grant invest
Congress with the right OF exercising sovereign power,
siituiioni supposed this may be admitted by the
tor from Michigan but il not, am not disposed 10 argue
merely for the sake OF victory IN this contest am un
willing, however, TO be considered as the advocate o.
doctrines which belong to despotic governments.
The senator tells US OF the complaint made by our a.
cestors in the Declaration Of Independence against M
King OF Great Britain But by whom was that complan
their civil and political rights under the grant OF chsrle
from the Crown of Great Britain. They not tres
passers upon the public domain OF that government th
were not there in violation of the laws oil Great Britain
but were exercising rightfu powers under The charter
granted to them but the complaint was on ACCOUNTED
neglect to provide for our rights under those chaen
and il was for that reason that resistance was made
MIR. CASS. Mr. President, must havethc last woh
[Laughterl II is great comfort where one is pressed
by powerful opponent desire TO tell the senator why
Idwelt upon his use of the word .souerega. at greater
length than should Otherwise have done. IL was BE-
cause, in this very body, in the discussions upon tbs
subject. the power OF congressional action was expressly
and deliberately dedacei from the attributes OF sov
natural law were introduced as authorize. in this qs
ton OF American constitutional right, and this, TOO, ~
some OF the ablest men among u.s. And do not yet 81
why the senator introduced the word in the manner be
did. unless be attached importance 10 the attribute rep
resens bearing upon this question OF Legislative au
thority Without being SO intended. II almost neces
sarily misleads. The proposition THAT CosoREss MAS
CONSTITUTIONAL POWER TO LEcIsLATE FOR THE TERRI
TORIES contains the real doctrine maintained BY the sen
alor, and in words not 10 be misunderstood. Let nd
be embarrassed by terms not merely inappllcabe bull
changing. in fact the actual scope oil the inquiry and IN
Producing elements OF controversy leading US far astiay
Mr.. DAVIS, OF Massachusetts. | wish 10 MAKE
single remark upon one OF the topics discussed by The
Mr. BUTLER Will the honorable senator give way
TO motion 10 adjourn!
Mr., DAVIS, OF Massachusetts,. Oh, no. want bat
two minutes The senator from Georgia takes exception
to the admission OF California on tue ground that he
population 10 his judgment, is insufficient TO JUSTLY f
number oil representatives which that State has sent he
The data upon which his opinion is founded is deryc
from paper published on the LIST of July. That esn.
mates the population, he thinks with some degree q
accuracy, al 100 000 Now wish 10 call TO the atisa
have seen Il upon equally good auhorty-tha Is news
paperexpressy stated. ami these statements have been
repeated that at Fort LARAMIE, where the land emsa
on passes, The number OF persons actually counted aa
ring this season, something nonn ago. was rising
$4,000, and there large column Of this emigration
nst IN the rear, and they estimated the probable anoan
10 be some $4,000 or 10000 persons, consisting OF men
women, and children Now, in the estimate made OF TIE
population OF California this column could not have been
AIKEN into The account received myself letter BY in
ast steamer from gentleman OF intelligence. in the en-
ploy OF the government, in which he expresses The
ef thai the population by emigration this year win
ionble what " has hitherto been. II IL mailer
)plDon, know had some conversation with TWO
Their statements are, that the State OF Caliornn
how deriving most ample revenue for all the wants sae
:an possibly have State from one single source
They have by State authority levied tax upon foreigners
Al I'M mi Of