The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-22


sance upon the navigation Of the Ohio and Is bound Il
abate y The question 10, whether i can be done mos
economically BY removing the remnant OF the dam, al
ready broken and dapdated by the action Of the water
daln-such portions as have been broken away entirely
OF are mol now sufficiently high When TINS question
was before me Senate on former OCCASION recoiec
il was represented that the dam was broken up but BY
the report to which the senator from Tennessee has
fened, II is shown that the dam has been broken only
in certain portions, and that very large part q it
y sn II he
ery constructed has washed and the action Of the
current H such to increase the obstruction every day
hSt M : FrF Z Ie5 u ~ present sondlt'I0
to suggest that the hour has arrived for the special
order Of The dy This subject can BE- called W again to-
moHow and hope ils further consideration will be post
Mr DAVIS remarked that he had but little more to
say He hadno objection, however, 70 yielding to the
After aDd conversation The bill was laid On the a.
n = VI kEdisiAraos sTsi ron THE rraarroslEs,
The Senate then pocesded y the consderaton q the
Submitted some q time lime since since By MI Foors: n
ResofUed Thatt Is the duty OF Congress- at its present
session. g organize territorial governments for California
Mr. CESS and addressed the Senate as follows:
Mr.. PREsIDENT The resolution Of the senator from
mississippi is abstract one, calling for actual egs-
ation AS such, shall NOT vote upon il, nor does the
senator himself call for VOTE Its principles are prac-
cay applied il bills for the government Of Territories in
the new acquisitions, when the whole matter will come
up in form requiring legislation But the notice of the
senator from New Hampshire that he intended to move
the application OF the Wlmot Proviso to this resolution,
opens that subject for discussion and, with the pers
sion cf the Senate propose to express my views upon
There are two principal questions involved 10 the con
are n al ihs sssaon ii Congress st whether Sat
whether it is expedient The observations propose to
oas sss os fss ss S
marks upon the expediency o exercising this power II
Before however, proceeding to the investigation Of our
rights or our duties connected with this proposition there
preliminary considerations essential TO the pro-
gress Of the inquiry and to just conclusion to which
n tie discussions ] ms which have I taken place upon this
subject formerly and recently, all those who have
tended for the power Of Congress to pass this Wmot
proyIso have consndsd Tor general and unlimited q pow
cepton 10 the Universally OF this proposition The right
TO institute governments and the right to egslae over
the internal concerns OF those distant communities are
used convertible terms, without recognising with
out acknowledging any difference in the principles them
selves, or IN their practical application And this disre
gard OF one OF the canons Of freedom hallowed by our
revolutions is not confined to the discussions here,
but extends everywheret0 the judicial tribunals and
to the commentators, whose habits of investigation
more favorable TO calm and searching inquiry than ours
Mr. Sargent, in his constitutional law, when he says
the power ogovernng and Of legisatng for Territory
IS the inevitable consequence ohe acquire terri
tory evidently confounds this exercise ct two powers
as different in their origin In their operation and
Judge Story takes the same vew saying Que place,
tha as the government possesses the right to acquire
territory, il would to follow that il possesses the
power govern what il has acquired and in anoh
she power OF Congress over the public territory s
clearly exclusive and universal, and their legislation is
subject to CONTROL" &C.. and so does Mr. Rawle who
says that he power Of governing and of egislatng for
Territory may be the inevitable consequences OF the
right to acquire territory" &c. Ri ii. ,t
told that Congress- has "penary power" and scom
pete jurisdiction .withou Imitation over the Terri.
tories And these deduciionsfor they only deduc-
6eld could have exhibited had he been called upon de-
eide the validity Of the Boston port BILL OF the act
which declared shat his Majesty, in parliament OF right
had the power bind the people OF those colonies by
statutes in all cases whatsoever' ~
And member of this body, high in character as a
urst and statesman, has characterized the difference
ioes and the power Of unlimited congressional egsIa
tion over them, as "bundie of absurettfss !" while
from Indiana, in the neghbong hail. with
Una. rsnn nm nun y ns
can breast says that this government could establish
desposm in any Of It's Territories beyond doubt; this
government could cell them into slavery i pleased
for the wound he incs by assuring us there is no dan
ger II Uod ts preposterous 10 suppose there was ior
here s great asrenes between lns ana ,ns
lhereis no danger Of the abuse Of power profess my
inability 10 tell is adoctrine better suited TO the Neva
than to the Wabash thought the converse Of the pro-
position the pronenees 10 abuse was written upon every
page Of the political history oI the world and In warning
characters upon our own institutions, and thought Il
the jealousy OF this tendency that dictated our con-
sttutons and that calls into action ceaseless vigilance
by which power is watched and restrained BY the Amer
can people ~
l And 4 member from New York tMr Dual considers
the effort TO secure he people Of the Territories the
right 10 legsaie for their own internal affairs intend
ed only for the weaker bethrena sort Of chicken soup
for invalids Mr.. Dusr. vol lip. 104S.s
This sneer at human rights is worthy OF place in
Johnson's hired pamphlet against the colonies, entitled
raxation No Tyranny Perhaps the sentiment may be
found there; Is long time since read IT, but there is
no plagiarism in the language; that belongs to the
speaker
II was precisely this claim OF unlimited legislation
which led revolutionary struggle. and 10 sep
aration from England. Aud must confess havelis-
tened with amaxement, in this hall OF American egsla
ton, to the long and subtle metaphysical inquiries into
IL, il the rights of sovereignty were everything and
the rights OF man nothing. II is revival, almost In
terms, OF the discussions between the parent country
and the colonies but in which have changed places,
and assume TO exercise the very power the power Of
legislation without representation which we rstd in
argument, and then resisted in The Brtsh states
men could NOT understand what practical limits there
colonies, and, they found in their constitution,
they admitted none in their legislation They could not
elevate their eyes from their narrow system 10 those
fundamental principles Of human freedom, "written,"
Lord Chatham said Sin the great volume OF nature"
which are immuiabIe and indestrucble They had one
advantage, however, In the argument Of which we are
deprived They had an unwren constitution 10 appeal
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