The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-20


now return to the three new sources Of power the re-
ward of recent Investigations, and which are as nave
IT, The right and duty Of guardianship.
IA. The transmissble power, By which the consulu
ton Of another country Is substituted FOR 1hat o. me oh
rs. What may be called the paternal power, which
places the general government ~ toco PareestS:
The first Of these has been recently urged IN INC house
OF and the latter in the Senate leave
them both without argument--episaphs, ! may say Tor
they will soon need them as her tenure y me must pe
brief concentrating myself with suffering the senator
from Iowa mr. HARLAN, TO whom we owe the discovery
OF the second state his proposition IN his own an-
quAge illustrating by the annexation of louisiana he
said that "the United States by direct purchase sue
ceeded all the rights and sovereignty possessed by the
grantor and hence became the actual full complete and
exclusive sovereign of the Territory And afterwards
ait part Of the domnions of France she was us
absolute sovereign Hence the government of the United
States must have succeeded to the unrestricted rights
and may hold exercise and enjoy them until she chooses
to confer them upon another sovereignty
am not going TO employ my time and that OF the sen
ate so badly as TO argue this pointto undertake 70 re-
fnte the proposition that the Congress OF the United states
may seek It's authority not in our constitution out N ha
of foreign government and thus transfer to republic
the powers of absolute monarchy The error OF me
speaker obviously in deducng the power OF congress
from the attribute of sovereignty as trust lew re-
marks propose make win show For the third Of these
OF power indebted OF the most expe
rencod and intelligent senators who ever occupied seat
among He said, upon that occasion, The Terrific
res the children Of the States they are minors IN
States through their delegations in Congress- to take
of these minors until they OF agenn they are ripe for
State goyernmentthen to give them an equality with
their fathers And he added with characteristic empha-
sis that is the law and the of the case And thus
the constitution is TO be merely interpreted but 1t IS to
be ntepolaed and its supposed omissions are to be sup
piled by anaogies drawn from youth and age and
applied with equal rashness and confidence where there IS
for application Analogy is not only utterly
foundation of the OF construction, eVen
but here it is destitute Of any point Of simude for the
duration of territorial government has no connexion
with the years of its organization as that depends wholly
the amount OF population Territory being entitled to
admission into the Union as soon as possesses sixty
sand inhabitants according to the original arrangement
even if that event within six months after the esab
lishment OF its temporary government ... Ill,
No rejecting person. sir who reads in the annals of
kind the story of the nevehaling tendency of every
eminent to increase its power can contemplate without
some anxiety the additional proof which we are conrbu-
ting to the experience Of the world upon this subject An
alogies derived from physical transferred TO political
life and become the foundation Of of the highest ope
raons of government and because parent may rule
child therefore Congress may rule the Territories Atr
butes of national independent existence like sovereignty
which carry with them coequal rights among the powers
of the world but which confer authority upon any de-
partnen OF our government unless written down IN the
constitution, ere appealed to as grants of substantive
power to be exercised at the will Of Congress There is
general grant of the right of legislation in the oonsttu
on Its provisions that subject cautious they
are wise and clear aAl legislative power HEREIN GRANT,
ED says charter hall be vested in Congress- and
then follows the enumeration of is powers with the deca
ration that all powers not granted are reserved, &c.
The word Sovereign" not TO be found in the constitu
ton and it is pressed into hourly and daily service in
the investigation of our relations with the Territolieson
side 10 justify the exercise of unlimited congressional
power aud the other TO prove that the Territories
sovereign the people living there have political
privileges Strange deductions these ia government Of
limited powers and Of equal rights And the Committee
~ of Territory remaining in abeyanoe, suspended in
trust for the people till admitted, BE- and, e under
stood correctly the senator from Mississippi Mr. BRows
in his remarks the other day he approved and adopted
these positions, and perhaps should do so too if |
comprehended them, but | do not, my incredulity
may be pardoned II seems to that this transfer
our government OF some of the technical nicees of
the English common law, which gladdened the hearts
Of Coke and bis school in the days OF legal metaphysics
is to mistake equally our and our country The sim
pie fact repels all these subles That fact s that
claims sovereignty for the Territories or in other
Yords no one claims that they independent nations
That attribute with respect them not in allegiance
s not in existence any than their membership Of the
Union or any other power depending ultimately adms
SION When admission comes IL confers these powers and
condiuonsi until that time il is Of fancy
suppose they are existing and must be held by somebody
IN trust for somebody else lest they perish They may
never come into existence for that depends State Of
things which not happen-such the Of the
population, the wishes of the people &c All the9e nice
and learned distinctions give Jurisdiction to Congress
II they did, they would make that body what the consiu-
ton has not made tia kind Of reservoir holding all that
given, and all that be taken There Is such power
10 the book You find In the consultation no recogni-
uon o. sovereignty In Congress nor II there were is any
inen grants authority TO Congress TO declare war II that
authority thus delegated will any man ven re
10 assert that Congress might Il by virtue Of the
sovereignty OF the nation
In the people Of the United States resides the sovereignty
OF ths country and we may TO the elementary writers
to ascertain what rights that high attribute gives 10 us
among the powers the world but we must 10 10 The con-
suton OF the United States ascertain what
Of The government any exercise those rights and
we 90 not Ind written down there the power belongs
TO The States or 10 the people And have recently seon
speculaons in some Of The public Journals which show
that this constitutional lacy has increased Is incress
ing ana ought to be Diminished The following extract
furnishes proof Of Its extent:
We cannot conceive how doubt can arise "a 10 tbs
tnl perfect unlimited and sovereign power OF the
government over the Territory Of Kansas the agent
can only exercise their sovereign administrative and gov
ornamental rights through tho OF the terrific
rial governments"
Full, perfect unlimited sovereign power large word,
these and large would be their extent They carry with
them Wmot provisoes and every other yrannical
ton may please the calculation The caprice OF Con
gross 70 visit upon the people and all ths power
not from the constitution bat Afrom the purchase O
Louisiana and the subsequent extension Of the Indian a
ties which gave us the Territory 70 dispose Of and gov
ern as we Pleased for the benefit ofa the States
suppose the constitution gives the right Of foreign acqu
suOn and hstl derived from the power
When territory Ia acquired II comes under Tue operation
OF the constitution and Congress 20 e
WI ct the American people ascertain Its powers before
cen exercise them This snnoator maintains that acqn
son gives Congress The power Of disposal and Of govern.
menL gives Toe title but the power dispose OF the
property IS expressly given BY the constitution and
bad II not been given Il could not have been ex ersed
while The power OF government Is omitted case unless
indeed Is an incident granted one ane q not 10 be
fuppHed by attributes and analoges. .s...
These views SIR previously announced have seen
~ tbe senator from Iowa. Mr. Ham.s, and establish.