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

jusdcion and right 10 the soil and they could comic.
no tile 10 the property the United States wh1eh DAD
not carry with Il The right 70 govern Il.
Now, as 70 the reference 10 the people OF California,
and their right TO form this constitutions Eyefy one who
hears me must be sensible that the senator has mse0n
ceiyed, and therefore misaPplied the Argument Nal
argument was, that right 10 form government which
rested upon necessity NUT be limited BY thai nee"s-y
and that being conceded that provisional government
would equally well have answered the exigency when
The senator from Michigan has misunderstood lhs
point OF nv remark az the individual senator By whom
the Clayton ComPromlse ol'l ana .s ~, w.
ment dd h0ma which used, addressed 10 those genf
men who were pressing this bill, and was mol al ~
piled the people OF California me. nsl, M
10 demand State government by saying mat the nsss
Mexican population who alone bad such rght UNDER inc
'reay did in no desire this government: aceofi
ing the evidence before Us; and that II was Distinctly
declared IN the convention which formed that govern
ment that il was formed Tor them, but Tor The Amer
can population. AS TO them, the answer was, that ~
thew claimed their right TO form government because
OF our neglect this the result oil their uespass
on the public domain, from which they could not deduee
the right say Here we are IN possession aEansi
your authority, and now you do not give us "a hme 70
suit ourselves, territorial government we VIII assume
the and constitute State That Is the an
swer gave to them, and not the TACT that our oppo-
nens in this our opponents before when we
sought to give territorial government to California
Mr.. CASS desire TO put myself right upon one or
two points, and then shall abandon the subject Inc
senator from Georgia. in his explanation OF the wori
sovereign" he employs il says that the doctrine ne
maintains is that Congress may exercise sovereign power
ne BRs sfRsf & hf rhs may exercise the
sovereign power which is delegated
Mr.. CASS. You can find no such provision in the
great charter of our country Point The clause il it
exists You cannot find the word sovereign" nor any
power be deduced from IT, from the beginning TO the
end OF the constitution II is logical faacy IT lar
worse: il is political assumption TO claim for this gov
ernmen the exercise of any power not granted by the
constitution and 10 found that claim upon bare word
employed by elementary writers upon public law. The
mere attribute of sovereignty gives you nothing. It
does belong to you il belongs to the people OF the
respective States and they havea right 10 exercise or
TO withhold from exercise any power fairly apperainng
to that condition, agreeaby to the usage OF nations II
they have granted any portion oil these attributes to their
government the government may exercise them II not,
i cannot But granted, we must 60 10 the constitution
seek the power and It's extent and not to transatlantic
writer's, dealing in general principles and with strong
monarchical bias pervadng their works repeat wish
have already expressed that the word sovereign were
expunged from political vocabulary, and the word
independent substituted for il. The idea would be sui
icently near and we should avoid this eternal recur-
renee to European writers, and this seeking Of the pow
ers of our government in their elementary terms.
But lei that pass The senator from Georgia says sup
pose BY way Of OF illustrating the extent Of our power
over the Territoes-that the governor and Judges
once clothed with the duty OF legislation This is so,
sir, with important limitation They did not possess
the power of original legislation, but only the power
adopt such of the laws of the States they might
slider suitable to the circumstances OF the Territory This
the extent OF their authority and even this bad as
was DeUef tndn 10 Ieave lne powers OIL
legislation committed toa remote assembly, equally with
out intercourse, affinity, responsibility The governors
and judges with the people, made part OF them, and
were under that strong control which American public
opinion never fails to exert upon those within its nfa
ence But sir, the first plan adopted by the Continental
Congress was founded upon much sounder principles
than that which afterwards substituted for it. That
plan agreed TO in 1859, and allowed the people to
meet togehei appoint their officers and administer their
own government The change was step backward in
the path Of freedom. But allow me to ask the senator
from Georgia it, notwithstanding this legislative prece-
dent, making the Executive and judiciary quasi legis
aiure would he, would any other member OF Congress-
venture upon such experiment al this time No. sir ;
trust such political expedent so utterly sabversive
Of human rights. will be again resorted to by this
government.
The honorable senator does not concur in the doctrine
that the people OF the Territories have inaenable
right to legsate for themselves and that the effect of
supervisory legislation does confer this right upon
them, but merely enables them to exercise il for them
selves the acts pass for calling conventions TO
frame constitutions are merely auxiliary, preparing the
way for the enjoyment OF great natural right and not
assuming to dole IL out to them. And this is precisely
the eer OF interference in the establishment of
ora governments. II gives the people nothing but the
opportunity TO exercise the privilege OF selfgovernment
Their rights ours but owing 10 their peculiar
condition. and TO the rather anomalous relation they bear
to us, IT becomes our duty to provide temporary poli
cal organization Tor he leaving them TO exercise under
their rights not ours, and just much of them
il compatible with the relation they bear To show
that this doctrine OF the right OF internal legislation in
community was good republican doctrine formerly,
will read an authority which was written upon the
heart OF every American, but which, il we yield TO this
sovereign claim, will soon become monument OF what
has been, rather than example Of what should be- Ii
found in the Declaration OF lndependence--that pow
crful and beautiful exposition Of human righs-the
nobiest State paper that announced to the world
the aggressioas OF power and determination to resist
them:
lie [he British sovereign said the Congress OF the revo
luonl has refused Tor long time after such dissolution,
to cause others that Is r.pseseniavel be elected
whereby the kgisdfps yoNtr incapable of annihafioa
have rtfntd 10 the people al largo for their exercise the
state rsidalag ia tue Time exposed all the dan
OF invasion from without and Of Commissions within
Here, Mr.. President is the emphatic annunciaon that
the legislative powers OF a colonial territorial commu
nifty belong TO the people al large and not TO the
eIgn nonarchal, or republican, agreeably this new
heresy, which is rearing It's front among US Well, il
am the only in the Senate and OF it, as il is said
who does not bow the knee 10 the IDOL seek that
encouragement in the testimony OF the dead which am
not TO find IN the sympathy OF the living But sir, be-
eye nothing OF all this have lived long and stirring
life, and tank know something of the true sentiments
OF the American people upon all subjects where the
rights OF man brought in question Yes sir, they
need no long and subtle disqusitions when ssch qnes
tons arise They do better lnan 10 enter into cool pro-
OF reasoning-ihey feel Their unerring instincts
teach them that he who claims unlimited cover over a
community u he does not show their consent or their par
ucpaiion by representation, prefers The claim OF yran
even II Is made in the marble halls Of republican egis
lation.
But Mr. President, how sirikngly is our conduct to-
wards California foreshaiowed in this eloquent allusion
to the conduct OF the British government TO wards the
colonies The only difference is, that the destroyed
an existing government and the other refused TO create
one, leaving the people equally without poicsl organi-
zaon, And equally exposed TO the danger of invasion
IRON without aud OF convulslons within - and leaving "a