The daily union., 1856-12-20

derived from the States or the people
Mr. oAss You cannot find the word "sSyereignty' in ,
Mr. FESSENDEN. Nor the word asla ,efys either
DIR, CASS. That has nothing 20 do with the point
Sovereignty OF the outes Of national existence
under the laws Of nao The power coners under those
laws one subject 81 inquiry tho authority that shall ex
ercse those po~ers Is another and totally different one
aud depeds not the public law Of the world but on
the nuniepa law For the one you consult all the great
Writers upon the Law OF nations mbodyng the accredited
opinions of the wod for the other consult your own
constitution Portions OF sovereignty vested in
Congress and portions OF II in the President They are
there because they placed there by the constitution
and not because they belong TO the great attribute Of
tional existence.
The honorable senator from veesoont-and did not
precisely know the object Of h nvestgationwent
refer 10 the acquisition of Louisiana from France seeming
20 contrast that title with the title Of the other Territories
on the east side OF the Mississippi do myself per
ceye any difference in principle except one ahd that
considered soe time ago II the power 10 Institute gov
crnments be derived from the ,yihakng power Con-
gress clearly bad authority Of the Mississippi
than Of that river The territory the side of
the Mississippi was part Of the original territory of the
United States, and acquired by treaty. We
fused every gentleman knows to accept from England
grant OF country. What commissioners insisted on
was be recognition Of the thirteen colonies embracing all
the Country east OF the Mississippi But Congress derives
no power OF government from any treaty bargain. 1t
derives Of government from the contract with
Virginia for the ceson Of the country That yield
ed the rights Of Virginia but what Congress could do
when acquired those rights you go the const
tuition to ascertain We acquired the sovereignty Of Louis
aanA from france ana It's right the people there but
what Congress could do to carry into effect the provisions
of the treaty they must seek in the constitution for the
power exists 1t Is there's and If it is not there 1t does not
with Virginia and with France we will lay of the terri
tory into States" They have right to admit States
but they had not they would have authority to full
fl their engagements But in both cases. the the
east and the other the west side Of the Mississippi the
power to establish governments depends upon the const-
Nr. COLLAMER. viii the senator allow me to inter-
rupt him2
Mr.. CASS. I will
Mr.. COLLAMER The senator does not understand the
purpose had in view in those quotations. am perfectly
aware that the United States under the articles Of coned
Grafton before the adop ion of the constitution considered
tnat they acquired by the treaty of with Great Br
tain all the power and jurisdiction to the whole limits
cred by that treaty whether within particular State
not which the British government had. The British gov
ernment had entire jurisdiction of all the territory beybnd
the Ohio There were two sorts of colonies Cne was
royal colonies, which nothing bG royal grants In
all such cases where they were royal colonies pro-
pretary colonies the Grown had the right curta hose
colonies when t pleased having entire control with no in
divdua property in them When the treaty OF peace was
made, all that power of the British government passed
into this government Part of the territory beyond the
Ohio was claimed under proprietary grants and some by
the royal colonies Connecticut had claim to territory
fhere as well as TO jurisdiction Ii colony with that
grant Of land title to proprietary grant When Com
nectcut ceded it to the United States It ceed the land
the territory lnasmuch the United States desired to
nave no controversy among the several States they took
whatever claims each to give They onit-caimed
Whatever they had That is the way the Virginia grant
was woraeo. virginia wns entirely royal colony, not
proprietary colony and she had jurisdctiona rights
but my desire was not to go back into that question: in
asnucn as II lad been claimed in modern times and es-
pes'ay y Virginia. that she made the grant the Uni
,eo cates without which the United States would not
nsse had any tide was willing start from that point
and show that the nature of the title and the jurisdiction
which the United States had Louisiana was precisely
the Ohio ' 'o1N
Mr. CASS. 1t is not the at all. The purchase of
Lousana 1t is conended and win grant il tor the sake
OF argument depended upon the power 1t
was acquired from France On the side Of the Mssis
spP the several States held all their lands in their own
rgn wherever situated whether in the new or in the old
Poruons OF the country They did hold them by ces
son nor by treaty acquisition. We refused to make
any treat with England admitting her power of ces-
sion, We required an acknowledgment, recognition in
that the thirteen United States were independent
within the boundaries specified Their rights followed OF
course he western country was not acquired by treaty
any more than Massachusetts, Virginia acquired by
the word colonies had been used in the constitution
instead OF the word territory should have avoided
vast deal OF officially that has now arisen We have given
anew meaning to the term. We have applied il to a "po-
nucai community an application which unknown at
'ne Tune the constitution formed Originally the
whole country north of the Ohio was called the North
western Territory including in that large extent of
country. 1--WE had used the word colonies we should
NOT nave been msed by the double meaning OF the word
have regretted, Mr. President deeply great deal OF
the discussion in which the Senate has found itself
ior some days appears to me not only profuess but
mhchieyous have no desire to participate In it. have
heard assaults upon the President OF the United States Tho
spirit and the terms of which pAye me much nainunh.
coming the character cf the Senate and unbecomnp its
relations with the Coordinate branch OF the government
ee inpuauos TO bring eproach upon the Senate
anu are me- injurious to us than to the high officer
whom ,dey cast
do not design to enter into consideration OF the
rdents message That task has been well performed by
the honorable senator from Ohio MR. PuGHl think he
has shown concusvely that the President has not tran
scended his constitutional power duties
ANY PRESIDENT OF this Union who danger in the course
OF events at any moment has right TO appeal TO Com
than md II.
thngs This Of course IL TO be done without improper
individual application. There s no gentleman here
trust who has any such design separation Of this
ohon but the President may have believed and be-
heV mat the tendency of many Of the measures now In
contemplation, will, IL successful inevitably lead to that
great calamity charge gentlemen here with partici-
pating In such Efforts do not believe there s single
member OF the Senate who desires such result But the
public mind Is nhamed and the evil IL ncreae ed BIZ our
discussions Events passing around us which no man
could have foreseen or anticipated few years ago
agree with the President that there danger and In
opinion he does right In spreading danger before
Congress and before his counrymen thank him for do
ing So am defender Of the administration They do
not nccd my aid, and do constitute myself their ad
vocots but will say this for the expiring adrnnistra-
ton that they viii leave the coontryunles indeed rome
unforeseen accident should between now and tho
3d o Marchenjoying pence and honor abroad and tran
qully Mt home and In a Of prosperity and freedom
and security except in relation qucston not With
in their CONTROL suc this world hes never seen since the
instituton Of human porornmcnts
Doriog the presidential cycle that IL now passing away
mort important and dangerous questions with foreign
countries have arisen, and brought MS into contact
and almost into conflict With other nations These are
goneal have disappeared all have been .rlod honora
bly, and satss and the country never enioved