The daily union., 1856-12-20


pie affected by it, And upon both Of these considerations
! rests tho validity of these political arrangements
Mr. President, the senator from Vermont lar Cola
MER in the considerations he submitted 70 the Senate the
other day and very ably think-i listened to him with
great deal of peasuregave the history OF the cou-
gressonal government OF The Territories beginning MIN
with it His historical review was correct There Is no
doubt that for thirty yearsfrom 1883 up TO l82o-this
power not brought into question Ihe ground upon
which the early legislation Of Congress In the establish
of territorial governments proceeded does
No knows what were the views then taken havo
no record Of the debates Of them The question seems W
have passed sab sen The honorable senator says tho
ordinance of 1887 approved by General Washington
We can hardly call the sanction of General Washington to
the law transferring certain powers OF the old Congress to-
the Executive under the constitution an approval OF the
p DIVISIONS OF the ordinance Something OF the kind was
essentially necessary TO carry the operations Legsa
tive pecedents important whes they founded upon
examination and debate and discusson but when hey ara
founded upon which pass whoSs W saa opseon
era subject provoked inquiry From that period dates
the investigation into the authority. . .H. a
The correct in saying that the governments
originally instituted were very arbitrary They were so,
being as Madison says in suspension OF the great prin
cipe Of segovernmen But they have improves S "A, A
first indeed Congress began WE'LL The ordinance OF April
2 1884 provided that settlers territory ugnb On
application, receive authority from Congress 70 me 'o
seas bsnpninr but Congress soon departed rom this
par, and undertook TO establish the governments them
and the honorable senator from Vermont correctly
"a did it with great surpusage OF authority we ar
puach she true point in the Nebraska bill by exercising
My general powers and leaving the people OF the several
Territories to manage their own internal domestic affairs
The practical difficulty to the extent OF interference
is obvious every senator; but the objection has been
urged here and believe was first urged by the senator
from New York. who think contendd that every PRIV
iege granted to the people of the Territories wa
contradict principle of permitting them TO admin
ister their governments The distinction between lhc
power to establish local governments and the admnista
ton of such by the people was wel knewn
to our revolutionary fathers and assented to by them
What they demanded not exemption from BRUSH u,
sd;ctino bnt fhp
concerns in their way Here is the hrst resolution
upon tbs subject passed in this county VIII reaa
| it to the Senate ........- 80. ~. .......-.
The Continental Congress Of 1884 declared that ,
"The English coonists are entitled free and exclusive
power of egsaon in their several provnea legisstnIess
where right representation alone DO preserved IN
all cases of legislation and internal polity. a#E
We are now asked to believe Congress has full
ercg potter 1t is called the Territories in all
cases whatsoever. Mr. Madison very correctly Observed
and principle must strike the heart OF every man. that
Tbe mower of legislation there is representation
Is in suspension the great principle of and
be extended further nor continued longer han
the occasion might fairly require
The principle is to be denied IN this country There
il no need of interference with fhe domesnc concerns
of Territory and therefore have no ght to DO So
The senator from Vermont likewise made some remarks
on popular sovereignty shall not here discuss that pro-
u6e topic have done heretofore. But II furnishes
another proof that men are msed by name lnere - ~
snch thing as sovereignty in the people OF territory
The term inapphcsb unfit The Territories OIL the UNI
ted States do nt possess sovereignty They are not nde
communities bat IT does not foHoW tLat tney
have no rights does not follow that they have not Ger
tain inalienabe rights belonging to all nn OF whch mo
government should deprive them nor that they have not
Fights as American citizens Even they were thrown az
waits on political strand you could not RUE tnem os~
pot,caly That all that have maintained in re-
spect what is called popular sovereign.aore Truly
erumsns for them is your duty. We may reasonably d
fer as to far may rghtfuy go in the details OF .ne
government Something we must do. W. must ay ou'
the country and prescribe the qualifications OF electors
and perhaps other provisions essential to the organ
tion Of government Il, Bot tim, my opinion Is h'' ns less
YOU y nFFsefunEN Allow me to ask the senator from
Michigan question: 1t is this: he says the territories
have no sovereignty.
Mr. FESSENDEN Now, ask him how Territories can
be included within the possession of the naucn ana
by the nation, without having any sovereignty ''s ~
Mr. CASS. was coming to that point and to the con-
sderatien of this vexed question OF sovereignty CON-
slider the docriue involved in one OF the great pohuc
beres of the present day The powers says The con-
stuou "not egated to the United States by the con
stution nor prohibited by it . the states are reserved 70
the states respectively to the 70
Our country s independent sovereign ~ rs caeu
has attained position in the family OF naL'n' u ~
virtue Of that position 1t has right TO declare wa - ACT
gate the ocean, to make treaties and to do every oht s
that sovereign nations may lawfully do and all this is TO
be asceraned by consulting the proper authorities o ad
yertng to the received commentaries on the laws OF ma
tons You may 20 there ascertain what you may right
fy do but who is do IT, or In other words what de
pament of the government y 70 exercise snVTe mus,
must be uetertnlueu bg tohA
YOU power to declare war and gives the President rgn'
TO receive ambassadors. .,-.--,. -,
Mr FESsENDEN. Does It give right to acquire terr-
o tory2 -, MAKING
Mr. CASS believe II does under the treaty -uiahhs
a mower I have already expressed that opinion.
q Mr. FESSENDEN. Very we'll II II gives power 70 ac-
aure territory where is the sovereignty OF that territory
] after it Is scqured2
Mr. CAS There Is no such thing, in that case as what
the senator calls sovereignty The acquired territory oe
comes part OF the United States you seek where sov-
ereigny deposited you will find 1t in the States respect
lively and the people
Mr.. FESSENDEN. What people2
Mr. CASS The people Of the United States IN 'he "oros
( of the constitution.
Mr. FRSSENDEN. Who exercises their power
Mr. CASS The officers on departments they designate
for that purpose.
Mr. FESSENDEN That is their government
Mr. CASS. Their government exercises only the pow
which the constitution gives II right to exercise
There is residusry clause giving II all power foar
government Is one Of express grant
Mr.. FESSENDEN. Suppose there ts no man IN the Ter
ritory a all is there sovereignty over itf
Mr. CASS really do not understand what tho gentle
man means by his rather metaphysical inquiry What in
sovoreigny2 take 1t that sovereignty Is about equiva
lent TO independence The sovereignty OF nehen Is its
right to be OF the family of nations aud to exercise all
the privileges which belong that position. The United
States have power acquire territory They do
so but what is then be done with such acquisitions
sution authorizes Congress cell this territory. But
suppose that instrument had not conferred this power
could they do that act soveregns2 The constitution
gives you q right to declare You declare war,
not because sovereign but because soveregns
that authority You cannot maintain