The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-23

the Of the inormer and shall also be psoned for the
Al the end of section sixth, add the words Sand in
ria Or heang undeF hs act shall the testimony Of such
fugitive be admlted in evidence"
| Mr.. RUSK, remarkng that the resolution relative IL
grant OF lands to actual settlers, submitted this morning
by the senator from Massa sbusetts, Mr. WEBsrERl
yolved matter OF much interest and importance, moved
that be printed for the of the Senate which motion
was referred to the Committee on Printing
Mr. YULEE asked the unanimous consent OF the SEN
ate to take up for consideration the Senate bill mo rel
during the recent outbreak OF the Seminole Indians
Mr. BELL suggested that the bill in relation to the
repair OF the dam was first before the Senate,
as unfinished business. Ifanything to be done be-
fore the expiration the morning. he hoped that bill would
be taken up and disposed OF.
MI. YULEE. finding the morning hour had nearly ex-
plred, withdrew his motion.
GOVERNMENTS FOR THE TERRITORIES
On motion by Mr.. FOOTE, the Senate resumed the
consideration OF the special order of the dayhe follow
ing resolution, submitted by Mr. r some time since;
ResaUsd That II Il fhe duty Of Congress- its present
Deserei, and New Mexico
Mr. CASS, having the floor, resumed and concluded
his remarks upon the subject of the Wilmot Proviso
as follows:
Mr. PRESIDENT: Thanking the honorable senator from
Kentucky for his kindness in moving adjournment
yesterday, and rendering my wledgments to the
Senate for the patience with which they listened to my
constitutional argument shall resume the discussion at
the point where closed my remarks and proceed in the
course OF argument have marked out for myself.
7. The right Of sovereignty
s. The nature OF government.
O. Nationality; and,
TO- ne principles Of agency gen and trust each furnish
Judge Story says
incidental power the constitutional power Of the
United States to acquire territory would naturally
to flow from the sovereignty conded to il as admit
very serious question:
'Bu the United States says Of the speakes) is
merely landowner; i is sovereignty, and, as such II
exercises jurisdiction over all its territores" a.,
member Of body retired private e) an in
separabe incident to sovereignty, @c. IL 90,
snow we had the power to acquire territory" says
other,) -. "and also incident to sover
eignty."-Mr. Murphy, vol. I, p $50
contend Gays another) that Congress has power
contend has that power from the OF government
and from the nature Of all goyeInmen.s e.,..u 80 ,o
And others follow, presenting similar views:
The power acquire and govern is possessed by all
natlons"-Mr Stuart, DOL. 2, p. i7s.
"This power results from nationality "-Mr. Berren,
u .aid the government of the United States
and thai the otzeas Of the United States were the essa
que trust."-Mr Petit. poL 2, p. l62.
gaIded Is es Ys so P so4 mus -
I'VE rePose in them, This power in Congress because
sss !ssy arc the agents Of the H4"'e ''l : r
"The United States possess simply the right of own.
ership the Territories but that exclusive dominion
sovereignty and hence it necessary exclude
the power of the States to ega,e over them, by deega
$50. : >
have grouped these together because though
there are which are not applicable to them
in common. there is general feature which they all
obviously present. and which is well worthy OF passing
notice.
II is impossible, sir to contemplate these various prop.
ostons, and the arguments and illustrations indeed,
with which the whole discussion abounds. without being
amazed at the facility with which the very hrst principles
OF constitution overlooked and the tendency they
exhibit to attribute powers to the government because 1t
and not because they granted by the
people, and thus to prepare the way Tor the dangers OF
consolidation II seems to be entirely forgotten, disre-
garded that the OF the United States exists
by virtue OF written compact where, and where alone,
BE sns
by that emphatic declaaton which, IN reserUng 10 ne
States respectfully or % the people, dn PoDsrs not dele
OF this government, thus far may you go, but no lar
ther."
Many Of the doctrines we have heard here are only to
be maintained by the assumption that Congress is gen.
eral depository Of the legislative power OF The country
kind OF reservoir holding all that is given, and all that
can be aken that it possesses certain defined powers,
and beyond these general underlined right OF action,
as soveregns OF the country" recipients OF all the
thorty which, agreeaby to the elementary writers,
suits from the mature OF government y representative
OF its nationality !" "agent and trustee oil the States "
all which is to be brought into exercise when circum
stances may seem to require il Now, sir there can be-
no greater political heesy than this There is no gen.
era grant OF the right OF legislation in the constitution
It's provisions that subject cautious as they are
wise and clear "A legislative power HEREIN GRANT
En- says our charter "shall be vested in Congress-
SC and then after necessary provisions, concern
ing its composition and proceedings comes the authority
TO act in these words Congress shall have power to
lay and collect taxes &c. followed by the other objects
OF national legislation and concluding with the rghtto
make all iaws eh shall be necessary and proper. &C., 10
carry info effect the enumerated poicers Here there is no
recognition Of sovereignty in Congress- # there
is there any grant OF power attached TO that condition
All this is Interpolation and were it not that il is one
OF the pregnant signs OF the tines evincing proneness
to seek out OF the constitution the powers OF government
which ought TO be sought for only within II, and the
more dangerous when exhibited BY high men in high
places il would to call for grave reutatior But
the heresy has still wider range Who gave TO Congress
the attributes Of sovereignty any legislative rights result
ing herefom not to be ound expressly or by necessary
implication, in the constitution In the people OF the
United States resides the sovereignty OF this country and
department OF their government can claim that high
prerogaive assume any functions arising out Of II
not 10 be found in that great act oil the people which
brought them into political existence The elementary
writers, Grotus, and Puendor and Vatte and il not
their predecessors, their in this branch OF
knowledge, 10 have been explored and exhausted,
and all the curious learning about "soyeregns" and
soveregnties' in their entirety and divided" the
empire or right of command" the eminent domain '
whole or half superiority" ultimate dominion, and
much OF the same Sort has been pressed into
vice in this controversy, involving only question Of do
mesc power As to our relations with the other nations
Of the eah sovereign and entitled 70 exercise all
the rights which, by the usage OF the world, belong to
that position. The writers upon International law are
very good authorities 10 ascertain what these rights are,
but very bad authorities to ascertain how and how far
they to be exercised by any particular department OF
our government You may 20 to these elementary wri-