The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-07

ments may regulate those systems, the sovereign power
which alone has the entire centred OF the organic law can
alone establish destroy Them The States OF this mon
States IN every refer not only to the usual
American Of that word but to the acceptato OF the
used by writers the law of nations They
separate political existences each retaining within itself
the entirety of its political sovereignty, and exercising
the powers Of government in part separately through It's
State government and in part jointly with the other
States through the federal government but all exercising
their highest sovereign power only in conventions such
other mode as their constitution organic law shall pre-
scribe know not, MIR. Speaker whether make myself
distinctly understood. The opinions that advance
the results OF mach reflection but they are uttered with
out any previous preparation.
have thus pointed out where in my opinion sover-
eighty rests in our compeh system of government
know that opinions this subject widely differ
emit but all must admit that when the tie severed
which had bound the colonies Great Britain there pang
into existence thirteen sovereign and Independent States
having with another cohnexon save that produced
by the presence of common danger They stood towards
another separate independent friendly nations each
claiming ITSELF and coneedng the rest distinct
onal existence This character stamped upon them not
only BY all their political action but by their formal
Acknowledgements TO another In the Articles of Con-
federation entered into shortly after the conclusion Of the
revolutionary war; at the when men, North and South
understood the structure of our government certainly
well as they do now, this language Is used
Each State retains its sovereignty, freedom and indie
by these Articles of Confederation delegated United
States in Congress assembled
Each Stdte retains It's sovereignty freedom and indspena
DOM and separate independence Neither OF these was
delegated Some powers, jurisdiction, and rights
alone for the time delegated to be resumed by the
sovereign. s3 NJ
Again sir upon the treaty Of peace with Great Britain,
how were the States then regarded Although connected
with another by the Articles of the King
Of England treated with them as distinct States and not
as common nation We are not fai5n, but Union Of
States under federal constitution 1t is misnomer to
style ourselves "nation though since act with other
nations througha common government they may with
that IN IF
the words United States az Substantive in the singular
number and Of The term nation applied to our Union
of States Is Of the evidences Of the tendency of the
public mind to political centrasm The first article of the
treaty Of peace with Great Britain signed at Paris the
3oth November, 1882, uses these significant terms
"ARrlcts 1. His Britannia Majesty acknowledges the
said United States-vz; New Hampshire Massachusetts,
New York, New Jersey Pennsylvania, Delaware, Mary
land, Virginia, North Carolina South Carolina and Goor-
treats them such and for himself his heirs and success
renouishes all claims to the government proprietary
and territorial rights Of the same and every part thereof
And 80, Mr.. Speaker you may pursue the historic rec
ord Of the formation Of our political organism and look in
vain for any act by which that high power which mnst
exist in every political community has been ceded from
its original possessorsthe States The constitution Of
the United States was acceded to by the States as States
Each for ITSELF in its sovereign capacity entered into the
compact We find in it the delegation Of of the pow
ers of government but cessions of sovereign power.
That rested originally with the States and there
tend it remains to-day If it does not rest with the States
where is it? have shown that this government being
possessed only Of limited powers for specified purposes
cannot be sovereign. That high power repeat remains
where II originally restedin the States Of this Union
and whenever il is called into action IT must flow from its
pristine source
may Mr.. Speaker in the attempt to make myself un-
dersood be charged with unnecessary repetition of the
same idea but political system is very complex and
much msapprehended. II Its completely however, ecog
Mise the great framework Of the liberal age in which it
wan constructed for that completely necessary to
liberty by the protection Of every interest involved
come now to apply this principle of sovereignty to the
Territories At the lime of the formation of the federal
stuton there not in exisenreany such municipal
mnntes those we now term Territories Consequently
the language of that instrument which eoners upon Con-
Bress tie authority ITO dispose OF and make all needfu
rules and regulations for the territory and other property
the United States not intended to convey Congress
tie right Of legislation the Territories subsequently
constituted This clear The context itself shows that
the word territory" papably used in the Of
property, for the disposal OF which Congress- the
agent Of the States was to make the needu rules and
uatons such to survey the lands and provide for
their SALE This further shown by the stronger and more
explicit language used in comforting the power of legsa
ton such cesson as might be made by the States for
the seat of government Whence then derived the pow
Of Congress to legisate for Territory,
derstand the term? Before proceed this ques
ton of the power Of municipal legislation should state
what necessarily follows from the views which have al
ready presented that the people of Territory possess
sovereign power They occupy the common territory of
all the States which the States jointly not only pos
the eminent domain but also the ultimate sovereignty
The inhabitants Of Territory possess sovereignty
it than if they had established their residences in the
Russian empire All the political powers that the people
of Territory possess acquire must come from the
States either by the grant of all the States by
cesson from their agent the federal government under the
constitution
Now sir having fixed their true relations to tho States
shall proceed to answer the inquiry Whence does Con-
gess derive the right of legislation the Territories
in my opinion implied in the power delegated by the
States Congress in the constitution admit new States
into the Union upon equal footing with the original States
This right necessarily implies the right of Congress
prepare the people Cor rather the Inhabitants for the term
people technically signifies community politically
organized and cannot in that be applied to the in
habtants of Territory for admission into the Union
State. The major includes the minor--that is to say,
under the power to admit Congress possesses the right
of paving the way for that actof making the prelim
mary arrangements for the important change of the po
ltca condition of Territory 1t is under that power
then and under the right to make rules and regula
legislae for the Territories establish municipal gov
ernmcns therein. But sir this authority Is limited egs
ato and does not extend to the exercise of any power
properly apperainng to sovereignty much less to the del
The power of legislation and that of making organic laws
distinct thngshe may be exercised by the legis
atye branch of the the other is the exclusive
attribute of the sovereign power In the whole process this
high authority is brought into action in only instance
the admission State In the ofadmission into
the Union State, the people of Territory
collectively invested with sovereignty From that instant
they stand the peer Of every other State The sover
eign power passes to them from the federal govern
ment flor that government cannot hold IT'D but by the
onal compact by which, by empowering Congress their
common agent TO admit new States upon equality with
themselves they have bound themselves to cede their
joint sovereignty until that retained to their new
sister,
From the principles have laid down. Mr. Speaker the
hat