The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-01-21


greatest act Of superiority that can beexereissd
81 ehe being over another. WAsfeios 4 Is
rsqaijte to the yery essence " Law, that i te
made by the sapremepower. Soycreignty and
legislature srs, indeed conyeFqbIe tcruts; one
<ansoe sabsist without the o;hcr."
IfSenators only mean " declare that Con-
gFsss has power to establish, ani within the
limits pf the Consultation to control Territor-
iaI gossrpmsnt have no serious objection but
sush 3 pst theiF Elea atNll. The expression
saovsreign power" is used in the Philadelphia
plaElaaA 10 SIGNIFY right to bind, absolutely
end arbitrarily against their will, the inhabi
tsats ofthe Territories. Ia other words, it is
sks power clalmed for ths English Parliament.
Blsskstone q Black. Com, i6o) deyincs the
pkszse sovereign power in this sense:
-saThe power and iuriSdiction Of Parliament
eass sir Edward Coke, is 20 trAnScendcnt and
ahsolnte, that il cannot be confined, either for
causes or persons, within any hounds"
That IS what is claimed in the Philadslphia
ristiorn ibE Congress, as respects the Terrific
ries. ~, e.. ..s..r ..a.s..s do
aft hath sotersigo and uncomfortable author
fty IN the making. confirming, eniar 5ing rcstra-
Aing abrogsting, repeating, reviving and expeun-
ding Of law,l, concerning matters Of all possible
dsnominstionS, ecclesiastical or temporal, civil,
military, maritime, or criminal---this being the
splace where TINT absolute deSpotic power, which
must In all Governments reside somewhere, is
intrassed by the constitution of these kingdoms
AL mischieEs and grievances operations and
remedies, that transcend the ordinary course of
the laws, are within the reach OF this extraordi-
nary tribunal. Il can regulate or new model
tho Aaecession to the crown, as was done in the
reign of fHenry Will and William III. 1t can
alter the established religion Of the land, rs was
done in variety ofinstanceS in the reigns OF
King Henry VIII. and his three children. 1t
can chanse and create sfresh even the conStitu-
ton ofthe Kingdom, and Of Parliaments them
selves, a. was done by the act of Union, and the
several statutes for triennial and septennia cleo
sions. Il can in short, do everything that is
not naturally impossible; and, therefore, some
have not scrupled to call its power by figure
rather too bold, the omnipotenee Of Parliament.
True it il, that what the Parliament doth no au-
shortly on earth can undo"
BIZ. Christian adds in note:
heomnipotencc Of Parliament signifies Moth
Ing more than the supremc sovereign power of
the State, or power Of action uncontrolled by
any superior"
The assertion is, that the constitution has
eonterred upon Congress sovereign, that is to say,
srbitary, unlimited, absolute power over the cit
iEsns Of the United States inhabiting the Terri
tories. This claim Of sovereign power" in
Congress over the Territories cannot be derived
from tie Constitution. 1t is copied, almost lit
orally, from the acts and resolutions OF the Brit
ish Parliament, and the speeches Of British min
isters in the days Of George III. That Parlia-
ment claimed sovereign power over the thir-
teen American Colonies. Charles Townshend
asid, in the House Of Commons, on the 18th oi
May 1875: ...... .........s.
at becomes Parliament not to engage in con
troyersy with its Colonies, but to assert its soV-
ereiyntyp
1t is urged sometimes, that Congress should
govern the Territories as an absolute sovereign
because the territorial organizations are main.
tained, 10 limited extent, by the Federal reve-
nue.. The answer, (and conclusive one) is
that the Government Of the United States
owns an immense public domainin the Terrific
riss, and prefers to charge itself with portion
ofths territorial expenses rather than to pay
its reasonable share OF taxes as landed propri,
etor. tHH~ O. S
But the same argument was exactly employ.
cd in support Of the claim for sovereign power
in British pariiarns ant over the American Colo
uies. %3
SOAR interests, it was said, are sacrificed t
their interests: we are to pay infinite taxes, ans
they none; we are to be burdened that thel
may be eased. -Bancrotfs United States, vol, 6
pa ......
The third resolution Of the Philadelphia plat
form finds il original in the resolution proposed
by tho Duke Of fGralon r the British House G
Peers, Feb 8. 1776
"That the King in Parliament has full povc
10 bind the Colonies and people OF America in al
cases whatsoever"
Listening to tho speech Of. the Senator fros
Vermont yesterday, was reminded Of the fam
Gus debate upon this resolution Senators on tn
other side will find their speeches aptly cour
tersited. or rather anticipated by one or anott
sr Of King Georges supporters.
Lord Lyttelton said:
sIf you exempt the American Colonies frol
one statute or law you make them independeT
communities. If opinions Of this weight are
be taken up and argued upon, through mistak
or temidsty, we shall have Lycurguscs and SO
ons III every coffee house. tavern and gin she
in London" .f
II was extremely distsstefm to his lordshi
that common people, "squattcrs," border ruff
ans and tho like, should presurSe 10 discrr
political questions, or even to understand the
own interests, much less to decide the natul
snd character of their own institutions. II
Chansellor, Lord Northington, said;
r+Tsannot sit silent upon doctrines being lai
down 60 new, 50 unmaintainable, and so uncol
stitutional. In every State there must lie = 81
pferae dominion; every Government can arb
tszsiiy impose laws upon its subjects, by whit
al are bound; and resistance to laws that 8
even contrary 10 the benefit and safety of Il
whole h * the risk Of life and fortune"
our historian [BaAcrOftJ remarks in this COZ
aectipn that ,.,...-.. ... 4. ....
s.Benialnin Fraakn stood listening below Il
haF, while the judicial magistrate ofGfeat Bri
sia Wxs assefting the absoltte, unconditional d
psudence the Colonies on Parliament, al
Advising radical changes in their constitutions
Lord Mansfield also delivered his opinion:
sThe colonists, by the condition on whit
shsy migrated, settled, and now exist, are mo
snnDhasicaliy subjects Of Great Britain tn;
thasa within che realm; and the Eritish Leg
laAafs have, in every instance, exercised the
z:@E.e az lasx,e afiaf, orer them without any di