The daily union., 1856-12-20


il the reign Of Henry VIII and William III t can alter
the established religion Of the land as was done In variety
hilas Il can change and create aesh even the oonu
on q the kngdom, Of Paraents themselves as was
and IL short do everything tnat
Is naturally impossible and, therefore, some hlse @ NOT
s9sRsd sS Of Yras Is that what the Pa
ment doth no authority on earth can undo
Mr.. Christian adds in a note;
The omnipotence of Parliament signifies nothing more
than the sovereign power OF me STATE or power
Of action uncontrolled by any superior.
The assertion Is that constitution has conferred upon
Congress sovereign that is to say arbitrary unlimited
absolute power the citizens of the United States in
habng the Territories This claim OF Sovereign power
In Congress the Territories cannot be derived om
the const tuition Ii copied almost literally from the acts
and resolutions Of the British Parliament and the speeches
Of British ministers in the days of George III That Par
lament claimed Sovereign power over the thirteen Amer
colonies Charles Townshend said, In the House OF
Commons, May 10, lT67
at became Parliament not to engage in controversy
with its colonies bat 20 assert its sovereignty. "
1t is urged sometimes that Congress should govern the
Territories absolute sovereign because the territorial
organizations are maintained TO limited extent by the
federal The land conclusive one) is,
that the government of the United States inn
ynense public domain in the Territories and prefers to
charge itself with portion of the territorial expenses
rather than to pay its reasonable share Of taxes as land
ed proprietor
But the same argument exactly employed in sup
port of the claim for sovereign in Parliament over
the American colonies:
interests t was sad are sacrificed their inter-
I We are e pay ay
States, vol. 9, p. o.
The third resolution of the Philadelphia platform finds
its original in the resolution proposed by the Duke OF
Grafton the British House OF Peers February l766;
nThat the King Parliament has full to bind the
colonies people Of America in all cases whatsoever
Listening the speech of the senator from Vermont
tery reminded of the famous debate upon this
oyt toA tkasro
apty counterted rather anticipated by or another
OF King Georges supporters.
Lord Lyttleton said:
exempt the American colonies from one statute
law Won ake them independent communities opinions
Of this weight to be taken and argued through
mistake or md5 We shall haye Lycurguses and Solons in
every coffee house, tayrp and ginahop in London BAN
croft, vol. s, p 402 as. ass a.h
II was extremely dstastefu to his ordship that common
peope Hsauaers" "border ruans and the like, should
presume discuss political questions or even to under
stand their own interests much less to decide the nature
and character Of their institutions The Chancellor
Lord Northington, said
cannot silent upon doctrines being laid down
40 and unconstitutional In every State
there be a supreme dominion government can
arbitrarily impose laws all its subjects BY which all
bound and resistance to laws that contrary to the
benefit safety f the whole at the risk OF life and for
tune."-Ibid, p. 404
Our historian (Bancroft) fcaaarks in this connexon
that .# sH
Beniamin Franklin stood listening below the bar while
ing The absolute unconditional dependence Of the colonies
Parliament and advising radical changes in their cons
tutions."
Lord Mansfield also delivered his opinion:
The colonists by the condition which they migrated
settled, and exist empbaticaly subjects OF
Great Britain than those within the realm and British
legislature have in every instance exercised their right Of
legislation them without dispute question till the
fourteenth of January last"
As has been on this floor that the citizens of
your State Mr. President and of mine, but limited
degree of allegiance to this government but that when
they have passed beyond borders into the Territories
they become subject to this absolute and uncomfortable
authority of Congress and reminded of Lord Mans
field by the air of uneoneern rather of
with which the senator from Vermont assured yesterday
that this of Congress the Territories had
been questioned until within few years. He like
Lord Mansfield, who amazed at the mpudence of
propositions It was enough for him that the power of
Parliament had been denied and like the senator
from Vermont he scorned to argue such question.
But sir there were in those days imbued with
the spirit of public liberty denounce all such doctrines
On the 7h Of March, l766 the House Of Commons aon
the third reading OF the bill declaratoy of the absolute
power of Parliament TO bind America" William Pitt the
elder moved TO leave out the claim of right in all
whatsoever The historian says:
The amendment rejected and henceforward Amer
is. would have to resist, In the Parament Of England
latve power"-5 Bancroft p. 4+.
And March Z, l7eC in the House of Lords Camden
immortal name thus delivered his sentiments
aThe decaraory bill lying your table is absolute.
Illegal contrary to the fundamental laws of this consu
tions constitution grounded the eternal and
Of natura constitution whose foundation and
bertywhch sends liberty to every subject that Is
may happen to be, within of its ample circumler
epce Nor my lords, is the doctrine new; It old
the consttut:onj with 1t indeed, II Is its sup
port; taxation and representation iDseparably uni
ted God hath Joined them no British Parliament
vsIs Ny position thisl repeat It'll will maintain It
to nv isst bourtaxaon and representation insepa
rabla. wh.teyer 10 mans own is absolutely bis
hath rigSt TO take from him without his consent
either expressed b. himself his representative whoever
attempts TO do attel.ots injury whoever does
mits robbery"
Our colonial ancestors agreeS with Pitt and Camden.
For what did Washington, Adams, jefferson, Hancock,
and their ustrous associates appeal 10 1rms7 viii
tell you bscaase hs people Of N, colonies had repre-
sention IN Parliament, and for isgisidfurs 70 fItrct
d6soin aahorityHsoVere'gn Poper community hns
depriped Of all influence deiibraiionstcds depot
ism 70 BE- endured bancroft vol. 8, D. 4al1 Here
day Richard Bland, in the,Yirgna house Of delegates
"Tbe colonies are not represented in Parliament conse
duenty law made without the Of their
bind them every OF Parliament that
imposes internal taxes upon the colonies Is OF power
and not right and sbstraced from right cannot
give Just title 20 dominion"
Our fathers spoke for themselves on this subject They
published TO the world not such crafty instrument the
senator from Vermont yesterday attempted draw but
plain and distinct declaration Of the which mpeled
throw Oft their allegiance 10 the British
They arraigned King George upon specific accusations
Here Ia one OF them
"He has combined with Others 1.-THE English Pariamentl
subject Jurisdiction foreign constitution,
and unscknowledged by lswsgivng his their
acts Of preendsd legislation.
Here are some Of these acts Of pretended Legislation
specified.
"For sboshing the free system q English laws in a