The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1856-06-28
Gen. CaSs on Kansas Affairs.

The distinguished senator from Michigan
has recently been making speech in rela
ton to affairs in Kansas, on tie genera
condition of the Territory of Kansas, and OF
the constitutional relations of the Territorie:
to the Federal Government The fol owing
synopsis Of his positions we take from the
National Intelligencer:
These questions, he thought, involved
great principles of human rights, however
Jealous an attempt might be made to bring
his views upon them into reproach by giving
! a bad name to what he regarded as the true
doctrine in the premises. Still he said he
was willing to adopt the designation OF
"Squatter Sovereignty" as name for the
! principle he espoused, so confident was he il.
| the assurance that the principle itself was
just and proper.
"Squatter Sovereignty" as he defined it,
was nothing more and nothing less than the
inherent right of any people to provide for
/ their self-goyernmcnt and their selfdefence,
Of which an Illustration has been afforded 10
the case of California, who, being left to
herself by the Federal Government, had or.
ganized civil constitution by virtue of the
principle Of popular sovereignty. His creed
was that the People had rights independent
of the public land upon which they settled,
ard independent of Congress-rights which
| authorized them to provide for their civil
constitution and social wel-being lie dis
/ claimed, however, the epithet of "sove-
reignty" as being applicable to the Terrific
ries. 1t was word not recognized by the
| Constitution with regard to them. But, he
inquired, haze the people in a Territory no
rights at all =? Has Congress the power Of
unlimited legislation over them: Or, if
not, what are the limits! Recurring
therefore, to the question, what rights have
the people in Territory independent Of
Congress, he answered IN the words Of Lord
Chatham, as applied to the condition of the
American colonies .'they have all the rights
written in the great code Of human nature" "
la his inquiry into the power Of Congress
over the Territories lie declared tLat the
word 'Territory," as employed by the Con
sttution, designated merely hIi.d, and not
the people settled upon it, and that hence
Congress was authorized t. make "necdful
rules and regulations" respecting the Terri
tories only as property and not as civil COM
munities.
The distinguished Senator then entered in
to an elaborate analysis OF the various
clauses or provisions of the constitution
which were severally relied upon to vinlicate
the power Of Congress over the Territories
as civil communities. These clauses or pro-
visions are stated to be JJteeh, which ne emu
merGted and considered, cOufinng himself
specially, however, to a criticism of the po-
sition assumed on this subject by the Chair
man (Mr. Douglass of the Committee on
Territories, who, in his Kansas report, re-
lies upon the power Of Congress to a dmit
new States as involving the power of Con-
gress to legislate in the previous stages of
moulding and forming" such States. This
doctrine was pronounced 20 be wholly inad-
nilssio.e, as being at once erroneous in the
orr aad dangerous il practice, the conse-
quences Of which were stated at length,
while the augmentation by which it is sun
ported was criticised as being based on fa!s
analOg!es rather than constitutions! INV
The Senator also quoted certain rnaxims of
Madison and Jefferson against the rasSoninr
oil the report and concluded on this point
by asserting that the position of the report
was not SUPPORTED by single case in the
history OF Congressiona! legislation with re
gard to Territories
The speaker then examined the argument
OF many other Senator'S on this topic, replv-
Ing particularly to the views taken by Mr.
IoOmbs Of the ordinance of Us. RESPECTING
the Northwestern Territory, which, so far
as related 10 the inhabitants of that Terrific
~, Mr.. Cass held TO be a simple legislative
act, and IN no proper sense a compact be-
tween Virginia and the Federal Government
Mr.. {. admitted that Congress had early as
sumed the right TO lecislate over the Terrific
ries, but it was justified rather On the score
OF necessity or popular acquiescence than on
constitutional law. Indeed, the constitu-
tional relations Of the subject were not much
considered, the Senator thought, before the
year 1920 He quoted from an essay of his,
published as early as the year 1882, in which
he had enunciated the term Of ''squatter So
vereignty.' He now held distinctly that
when Congress had organized Territory il
had exhausted ali its power in the premises.
1t was difficult 70 say what restrictions, if
any, Congress should introduce into such
enabling act, though precedent seemed to
justify certain provisions respecting suffrage,
DC. lie held, however, that after Congress
had enabled Territory to assume legislative
powers, 1t was not competent for Congress
to restrain any legislative act of such Terri
torial Government under the Constitution of
the United States and among such acts he
held tie admission or erctuSion Of slarery
This was pecessary deduction from the
principle of popular sovereignty.
Mr.. CAss then proceeded, in reply to Sc
nator Brown, of Mississippi, to show that
President Pierce and Senator Douglas held
the same views on this point as himself. To
this effect he quoted from the messages of
the former and the speeches of the latter.