The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-23

Of Congress. the history Of the acquisition OF Amsr
can independence and other conceded facts. In
continuation Of the subject he drew the distinction
etvesn original and acquired territory distinction
which had been overlooked by the judiciary Commit
tee Of the Senate In their report OF January 9th ls49
Mr.. c.. In reviewing the positions taken by various
IN "heh hat sspslsn.n .sid thsr. w Vs two pur
poses for which territory Ia held-the disposition OF
the soii and this Of new ststes-ths most i'm
rtant OF which he deigusts t. be its settlement and
erection into States. Z" To train there infant
communities. under such institutions as may ut them
to become members Of our confederacy an object of
the highest Importance - and he adds that Congress
IL Invested Of the power of government when the in
strong enough TO assume the of
r-ignty and comes q State into the confsderacy.
The poser Of legislation said Mr. O. is here dsducsd
youth and manhood in natural fs and by their appli
cation tn the lives OF communities. Analogy never
preents very sal. ground OF argument and least Of
all in constitutional discussion which should bs marked
by severity Of investigation rather than brilaucy OF
imagination. have lived under territorial govern
m.nts ths greater part of my active life and had
ltsrnea Ii now that they had any peculiar congress
,ional training which pr~psr them for their political
tIsn.formation. Their training GENES to them a, it
comes TO all other American citizens by experience
alton an d reflection Train up child in the
way he should GO and when he Is old he will de-
part from it," This paterpal in JUNCTION has place
here aud least OF all Is the foundation for the exercise
while the citizens iphebitng them may be aud OF
mature age, and as intelligent as any ia the Union.
81 am snrPrs.d" is yet the frequent remark of the
trsve er from The Eastern States srd formerly IL
the vsTsal one when visiting the Western country
Intelligence
of your people But while he pays this equivoeai
0 piment intended, however to be uuequ vocal ne
forgeis the fact that this population necessarily pos
those elements Of prise progress and n-
provtment which enter largely into the intellectual
advancement OF a communi'y-that many man snss
into apathy ut home who would BE- ronsed into active
exertop by the change which emigration brings with
IL and that he who exchanges the comforts of ola
society fer the bsrdsfips one aud commences
a with the forests. which, If victory comes IL
oniy with time and suffering and labor
must possess some claim to consideration even from
uhsra fhA
great work of settlement aud improvement has
been done by geneIatious which have passed away.
Now. sir this application Of the principles of the pm
sical growth aud intel ectuai developemen. OF poitio
communities, IA happily conceived aud forcbly er-
pr.sed foI certain purposes Of ethereal ilustra
But wherever lite true place may be- that place I, OF
here and yet IL from OF the abes and mott
accom- she'd men among to whom all and al way
listen with pleasure There is 10 governmsn Of ma
tural or moral strength Of msjorities and mnortes
in the lines OF our territorial communities Their first
organization have under the old confe-
d.fsrsn when esch state hsd one vote ia Congress.
IL would have been equally impotic and unjust. to
give TO Lew political BODY part of the
power Of the Union. unless it contained a number of
Inhabitants bearing so0e reasonable, proportion in
population. consequently in It's capacity Z, sustain
iesl burtbens To the elder Of the conf.ds-
racy. Sixty thousand was assumed as that number;
and when territory obtained It, IL was entited 70
claim Its admission into the MON not because IL had
reached its majority had teen trained TO its new
cutter for the right came by numbers, and not by line
aud knowledge, aud might be exercised the first year
well as in the twentieth year IL the required popu
lston were then to demand 1t. The frst ordin ance,
that whepsoever any of the laid States shall have
OF ire iIhabi ANTS as many shall then be in any
states such State sha be admitted by its delegates
into the Congress Of the United States on an equal
footiIg with the eaid original States, &cn Ohio
was trained as It is called, thirteen years, Indiana
sixteen years Tennessee six years, Louisasa seven
years, and Iowa nine year.; and while Aiabsms,
more pstcocious than her sisters required but two
years Of 'ongressio nai education. Michigan and
Arksnss IL would appear the least gifted OF family
each lived the life Of scholar tor almost one third az
bee tfet ned for hirfv.
two ana the latter for thirty three years But ui-
orupateiy for this on the tsrric
ries legtsate for themselves Congress organizes the
governments. and the machinery goes on with little
more relation TO the Congress OF the constitution than
the Copgtess Of the confederation After brief ALA
sion to the sd Attn 5th 9th. 7th Sh 9th aud 10th
elusive reasons given by The advocates of exclusive
II impossible to contemplate these various propo,
tons ana the arguments Indeed with
amazed at the facility with which the very fret pruci
Pies of cur constitution overlooked and the ten
denois they exhibit to attribute powers % the govern
ment because IL IL government, and not they
are granted by the people, aud thus prepare the way
Ter The dangers CT consoiostion seemed be en-
The s.s ea BY sas written
htre AID here alone its powers to be sought aud
iound and that the powers not only strictly defined
but csIsful'y limited by that emphatic declaration
which In reserving to the States respectively or to the
people all powers not delegated TO tho United States
rays to all The fenctionsries Of this government
M.uv ., =, thus Jar you 60. bat no farther"
maintained by tie ption that Congress gene
Is deposiuy OF the iegslssve power OF the country
that 1t POSSESSES certain defined poser, and beyopd
these some general Underlined night OF action as soye
reens OF the countryr recipients Of all the authority
when, ssrseaby to elementary writer's. results from
the nature Of government representative of it's
nat'ertiity.'-"ss aud trustee OF the statesi,-
all which Was TO be brought into exercise when
greater political teresy than that There l. no gene
III sfait right Of lsgi lation in the
are clssr-"kn legislative power herein granted =
rays cur chatter, "fbsl be- vested Ia a Congress-
&C ana th.n after some necessary provisions,
concerning Its competition and prtceedipgs comes
Tue authority 10 act In these Words Congress
snsn have poser To lay and collect taxes" Sc,
rd concluding with The right TO make ali laws
which 'hali be n.ce,sary and proper, 80 TO carry
no. eject the enum,ratea powers Here there il no
recognition 81 sovereignty ia Coseress nor II there
we're; Is there any grant Of power attached to that
rot that II l. Of the prsgna nj ,irns 81 III. tim..
stDciDg pTortpets to seek out OF the constit ,to,
the porers Of sovernmsnt wbicn ought to be sought
Tor only within IL, ans the more dangerous when
hesd By high men 10 high places, IL would not seem
81 fovsrsignty er any legislative rights rssuI.ins
thtsIom NOS to b. found expressly, by necessary
mphsstion. IN the constitution In the people OF the
nted States resides the sovereignty OF this country
aud no department. of their government can claim
s, ~ sause' nor ssan. any iunelion. arising
p oIe, which brought them into political existence
b. elementary writer's Nit c. said had been explored
t1d exhausted and all the curious learning about
so,ersigDsn "severeignti.s.n Sc. Sc hal b.en
90 ed into the ervice this controversy Involving
only question Of domestic power Writers upon in
were very good authority to ascertain
What were cur rights as sover.sns but very bad su-
thtres 20 ascertain how aud ho~ far they are 10 be
exercised by any particular department OF our govern
mtnt leu might 20 to these elementary priters or \
T. The decion. 20 the cours to detsrmla the various
iths which the coalition Of sovereignty briggs vita
y tut must go TO the constituti0n to Determines ube
h.r the people have given TO any department OF their
..''rnmsnt the necessary poser TO exercise them.
Tie attributes If the sovereign might exist but ~ the
nenituton dcts not provide the for it, ever
rte no authority but that 81 the people could call A.
mo seton. No man denied our right 20 acqsre ter.
oiyi but it deposition after such acquisition was
me object Of the present inquiry, and ali the writer's
md writings In the world except the Constitution
rtf dsgunents 20 be deduced from IT, we're utterly
'aueless In the deciion Of this question, which be.
ons'd 70 our domestic poty. The right 70 acquire
vac enc thing the right to govern another The ex-
ice CT TIE one vss provided for; the exercise OF the
'ther Was not ans IT, therefore belongs to the states
tspecuvey OF t. the people After argument
lIon the eleventh reason given In the tsbls
lbove, Mr. Cas- proceeded with the twelfth which
10 REPEATED The vievs expressed therein were
'tqussth.d by sn eminent citizen (yr Adams) 10
had been long known that he kept diary of passing
vsnt. and portion Of this daily record has been re-