Page 1 of 6 Feb 1850 Issue of Tioga Eagle in Wellsboro, Pennsylvania

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Tioga Eagle (Newspaper) - February 6, 1850, Wellsboro, PennsylvaniaP j. O m i c h t c a in ton the Wii Mot Troviso. report flu frn in n. January 1s50. Ciss the Senate on i i 1 Llic i Vilnius 1 Roviso he spoke us Lull on s than Arf i to pm ciral questions involved in c Easery to establish its existence but it was for those Wuo opposed it to establish the limitations by which it was sought to be control led the Powers of our government Are both defined and honed and before the authority of Congress can to brought to Bear upon any subject Grant of Power Raust be 1 published weekly by j. W ".77 j a file no. To. L v c. Did not intend to argue with any Man who does not acknowledge the difference tween the right of unlimited legislation Oer Distant . Where there legislation Over a no represent a a on and the to organize governments assuming it were bound language was not used and by what just Rule i. Made to convey a Powei had attempted to do the to explain Why similar to Grant similar Power phrase so limited was so unlimited. No Man to be affected to la pm trove directed Clivi try i Fibre Iii . If we Itu own their own Way. The Wilmot proviso. I i he one might be necessary and defensible but in in All Llic legislation of con the other no circumstances could justify re mra Siire is cons Titu Concile its exercise with the great principles of i i human Freedom. He was aware that for Peru har reasons Congress had the exclusive Lens native control Over the seat of the Federal government but the Community of feeling and in Terest occasioned by residence personal inter communication and so Forth which tempered the despotism of rhe measure could never apply m the Case of a Remote Colony. This Al of Tun the Tennis of the in Stith the principle involved in this controversy was the inseparable connexion Between Jeffis lation and representation. What necessity was for its violation at the present were not the people of the territories compe tent to manage their own internal affairs they t. With our habits views cons Titu Les National Iden i proposition. I he Tity. They had proved their capacity for self to government. The objection that n ,.r if , Hellier it Olis to visions i propose to offer to the constitutional i close .1 shall submit the expediency of cd possess it. To the Ivos Kijja our duties connected with Aro some preliminary to tie Progress of the j i inclusion to. Which i Bej 1 of the is Nat. Line f Tak in place l incr by and recently All null for tiie Power of con i u la time proviso have con unlimited Power of n crawl arc u government. 1 he objection that a position of concerns of Linse the people of the territories were of reiffers de an convertible could not be maintained. A vast number were acknowledging known to be american emigrants who would i them clubs always exercise a Prepend rating influence Cori and this dire i trolling All Public measures. What then there to fear 1 the great issues of life and death were left to the people. No one called that in question. And to the same Trust ram lit be com Cannes of Freedom. Hallowed i is not confined j extend every the Niit. The commentators fitted with equal safety All of arc More favourable internal Lerris lation. The into California Constitution which Baa been the inquiry than ours can be. I constitutional Law when isolation. The late proceedings in to organize a government and the Lull Are the i b in was air Sta Ahlene a Volch was insurer ii was a Little curious to Analyse the different opinions of different speaker Sand writers on this subject and to find what diversity of sentiment prevails respecting the True ground of Cono res signal interposition. Thwe seemed to be of consent nexus admission that the Power exists but then came the diversity of views seeking to justify its exercise by the provisions of the Constitution. I will said . A enumerate the boost prominent of these and theri proceed to test them by the principles of the Constitution. 1. The principal Reliance till recently for the support of the general Power of legislation has been upon that clause of Tho Constitution already quoted which authorizes Congress to of and make All needful rules and regulations respecting the territory other pro Perty belonging to the United More recently however As the subject has been investigated this clause Hils found less favor and other provisions have in succession been brought Forward As justifying congressional interposition. Among these 2. The War and treaty making Power. 3. The right to admit . 4. The right to sell the Public lands. 5. The right of ownership. 6. The right duty of settlement. 7. The right of sovereignty. 8. The nature of government. 9. Nationality. .-10. The principles of Agency and Trust. 11. That provision of the Constitution which declares thai All Deb Saiid engagements enter the Opportunity of its being made. The treaty making Power was clearly competent to acquire property but the proposition that acquisition necessarily brings with it the authority of legis lation was another and quite a different ques Tion and . Went into a review of the Opin ions expressed by the supreme court upon the question and an elaborate argument to prove the negative of the proposition and to show among other that the moment a treaty of cession is ratified the treaty making Power has performed its functions and accomplished the purpose for which it was destined. The disposition of the territory was another ques Tion and must be determined by other provision of Tho Constitution. . Also reviewed the opinions expressed and arguments advanced by Many relative to the incidental implied Powers of Congress which seemed to he advanced in utter disregard of the language As Well As the spirit of the Constitution. These Powers were he said strictly legislative not possessed by the treaty making Power but by Congress exclusively. An implied Power could not be engrafted upon another implied Power. The authority was spent when once exercised. It was to make Laws Neces state shall be admitted by its delegates into the Congress of the United states on an equal foot ing with the said original states Ohio was trained As it is called thirteen years Indi Ana sixteen care Tennessee six years Louisi Ana seven years and Iowa nine years and Alabama More precocious than her Sis ters required but two years of congressional education Michigan and Arkansas it would appear the list gifted of the family each lived the life of k scholar for almost one third of a former having been trained for thirty two and the latter for thirty three years. But unfortunately for this analogical illustration the territories legislate for themselves Congress organizes the governments and the machinery goes on Wii i Little More relation to the Congress of Constitution than the Congress of the if allusion to the 3d, 4th, 5th, 6th ,1 and 10th, inclusive reasons Given by the advocates of the exclusive legislation by Congress As related above . Said it was impossible to contemplate these various pro positions and the arguments and illustrations with which the whole discussion abounds with out being amazed at the facility with which the confederation. After a 7th, 8th, under the Constitution As under the conf Der Juthe ordnance of.1787, it is contended and the i bin., i Cuil. U.1u Liju of governing and of Lifis j Best proofs thai could be offered of the capacity a cons of the people to Lay the foundations of their to Al institutions wisely and justly. What a Lytic a j la Innvik Taille cons Ovi Crisc Powers As practical commentary a s that Constitution upon As 111 their operation the doubt which they had heard expressed in vow saving in n plus Hall and elsewhere respecting the Intelli Viii by it would seem to Power to govern h and in another Over the Public Terrill their j no and so Zurth. . Who says that the Ami of Livre ii Linja for a tar a cd Dud of Llic lint Congress plenary those Remote territories arid the Neces Sily of in training them by ten he knew of no Constitution in this Broad place Union where the principles of National and pro 12. While in is admired that that ordinance was passed by the old Congress of the con federation without authority from the it is contended not that the clause respecting debts and engagements was confirmed but that it had been tacitly confirmed by the adoption of the present Constitution and the author Ity Given to Congress in it to make needful rules and regulations Tor the Sente of i a e and practice bal Vicen the Power to in ifr0m i sary and proper to carry into execution the j very first principles of our Constitution Are Powers vested by this if it were overlooked and the tendencies exhibit to i tribute Powers to the government because it is a government and not because they Are granted by the people and thus to prepare the Way for the dangers of consolidation. It seemed to be entirely forgotten disregarded that the government of the United states exists by Vir tue of a written compact Kheife and where alone its Powers Are to be sought and found and that the Powers Are not Only strictly defined but carefully limited by that emphatic declaration which in reserving to the states respectively to the people All Powers not delegated to the United states say to All the functionaries of this thus far you go but no of the doctrines heard Here were Only to be maintained by the Assumption that con Gress is a general depository of the legislative Power of the possesses certain de fined Powers and beyond those some general undefined right of action As sovereigns of the not so. Congress might go on step by step and once Trale within itself All the the and of the states. Not however conceive the Power of acquisition an Nide Nathone . It was a direct ii really included in the Power to make treaties. It was no More incidental than the Power to make a commercial treaty a treaty of navigation a treaty of peace a treaty for any other required purpose. He contended also that this authority to make treaties and to acquire Terri tory however far carried either directly by necessary implication if it be assured that that implication belongs to the treaty ment drawn from the past legislation of con Gress m the history of the acquisition of Ameri can conceded in continuation of the subject he Drew the Dis -.-_. a i me tact on Between original and acquired territory recipient of All the authority which a distinction which had been overlooked by the judiciary committee of the Senate in their re port of january 9lh, 1849. . C., in reviewing the positions taken by various senators quoted from a speech made by Hunter in which that gentleman said there were two purposes for which territory is held the disposition of the soil and the erection of new most important of which he designates to be its settlement and erection into . To train up these infant comma be arc i Aii l Chipoli la without p Resuli Tives. I use am they up Only Caln is mar Fiche ivc had lie been called umm to Foston i Billor of that Lars majesty in and the Power to bind Tho Bui this difference was not a Mere Specula Veone nor which appeals merely to the the Assumption that it so applied in the constr e i tuition instead of being used to Dusi Iriate ii1 cer of the United . It i mud by rid a of this body n character As a Jurist and inter id Oil difference the of Nln nit l ilium As a Banc in of a , Ivill a c Hir Niro Livni l i which i in an i. In i could of territories sell but with Coni j in. I pics a pc Iii i in the ii is there 1 the where i i ii arc is no of it is my inability Lotell. J to the Tun u by Llic Converse of the a 11 the Ives Respi acting slavery in the territories. Which the True and obvious import of this, Power to pass any Law the right to dispose of use1 and preserve the 1 he aus l property Tver and to Fedr i. I. N Cise any Power needful to attain those object. Property alone was the subject b f the the Only provision in the Constitution t0 Ottlie u states Ella rela proposed to examine before lie concluded. constr con Wlinich would give to a u Gisl Ture jurisdiction Over Tiu subject of Riavic by by Tortuga to meant not elected by tin people to a articled by their equally give it Juris j. By it Iione was on ipod Tho exercise of any Ules and exclusive jurisdiction riot Only Over the property of the United states but the individuals living thereon Ihus nicking individuals he also cited from the decision of lie supreme court in the Case of the United slates is. Gratiot and to show that the term y territory in the Constitution is merely one kind of property and equivalent to lands. How the supreme court after deciding that territory Here Means could decide also that the Power to sell and regulate land includes the Power of unlimited political jurisdiction he pro fessed his inability to comprehend More especially As the Poi Jer to be exercised must be need and this necessity on the face of it was incompatible with the idea that this Power is vested in Congress without limitation.11 after a very upon this Point and some remarks upon this practical operation of separation of the mural connection Between territory and other . A proceeded to to consideration offline second Rea son Given for the exercise of a right of exclusive legislation Over the e right acquired under the War and Ireat y making Power. The effect of the Power upon the right of was under our Constitution an inquiry purely speculative As no Terri tory had Ever been added to the Union by that process. It was exceedingly difficult conceive How the Mere act of War though it bring Conquest with it could permanently Annex a foreign country to the United j states without the interposition of some department of the government constitutionally competent to Indi Cate the National will on the subject and if that was so the War making Power could not be said to make the acquisition in other words the annexation though it might afford to make needful i Wuh the Forest which i if Victory Only with time and suffering. It chances a War conies it comes ind labor must possess some claim to consideration even from those of our common country where the great work of settlement and improvement has been done by generations which i have passed away. Now sir this application of the principles of the physical growth and intellectual develop ment of up Lilica communities is happily conceived and forcibly expressed for certain purposes Ofel Heral illustration. But wherever its True place May be that place is not Here and yet it comes from one of the Ablest and most accomplished us to whom we All and always listen with pleasure. There is no government of natural moral strength of majorities minorities in the lines of our territorial communities. Their first organization As we have seen was under the old confederation when each state had one vote in Congress. It would have been equally impolitic and unjust to give to a new political body one fourteenth part of the Power of the Union unless it contained a number of inhabitants bearing some reasonable proportion in population consequently in its capacity to sustain political Burthen to the older members of the confederacy sixty thousand was assumed As that number and when a territory obtained it it was entitled to claim its admission into the Union not because it had reached its majority had been trained to its new duties for the right came by numbers and not by time anal knowledge and might be exercised the first year As Well As the 20lh year if the required population were then to demand it. The first ordinance april 23d, 1794, illustrates it declares that whensoever any of the said states shall have of free inhabitants As Many As shall then be in any one the least Nura Troua of the thirteen original Taus such agreeably to the elementary writers results from the1" nature of the representative of its agent and trustee of the All which was to be brought into exercise when circumstances might seem to re quire it. There could be no greater political Jan heresy than that. There is no general Grant of the right of legislation in tie is that subject Are As cautious As they Are Clear. All legislative Power herein says our charter shall be vested in a Congress then after some Neces sary provisions concerning its composition and proceedings conies the authority to act in these Congress shall have Power to Lay and collect followed by other objects of National legislation and concluding with the right to make All Laws which shall be necessary and proper to carry into effect the enumerated Powers. Here there is no recognition of sovereignty in Congress nor in there were is there any Grant of Power attached to that condition. All this is an interpolation and were it not that it is one of the pregnant sighs of the times evincing a prone Ness to seek out of the Constitution the Powers of government which ought to be sought for Only within it and the More dangerous when exhibited by High men in High places it would not seem to Call for Grive refutation. But the heresy his a still wider Range. Who gave to Congress the attributes of sovereignty any legislative rights resulting ther Elron i. Not to be expressly by necessary implication in the constitution1 in the Penn la of the United states resides the sovereignly of and no department of their government can claim that Leigh prerogative nor assume any functions arising out of it not to be found in that great act of the people which brought then into politica.1 existence. The elementary writers . Said had been explored and sex hansted a vereigns1 been press involving writers nil the curious learning about so and Sovereign lies had id into the service in this controversy nay a question of Domestic Power upon International Law were very Good authority to ascertain what were our rights As sovereigns but very Badi authorities to Ascer Tain and How far to be exercised by any particular department of our govern ment. You might go to elementary writers to the decisions of the courts to deter mine the various rights which the condition of sovereignty brings with it but most go to the Constitution to determine whether the people have Given to any department of their govern ment the necessary Power to exercise the attributes of the Sovereign might exist but if tie Constitution does not provide the Means for its exercise no authority but that of the people could it into action. No Man denied our right to acquire territory but it disposition after such acquisition was the object of present inquiry and All the writers and writings in the world except the Constitution itself and arguments to be deduced from it were it Terry valueless in the decision of this question which belonged t o our Domestic policy. The right to acquire was one thing the right to govern another. The exercise of the other was not and it therefore belongs to the state respectively to the after an argument upon the twelfth reason Given in the table above c. Proceeded will the twelfth which he repeated. The views expressed therein were bequeathed by an eminent citizen . It has been Long known that he kept a diary of passing events and a portion of ibis daily record has been recently taken from the depository where it had belter been shielded by time and dust and. Exposed to the Light of Day by a member of his family. The a revelation which adds Noth the claims which the deceased statesman had to the consideration of his barong prejudices hot to say bitter ones and a temperament often ill regi Flawd and Auy ays excitable too especially when men and measures were of cosely connected with that Calm investigation so essential to the exercise of a Correct judgment. This record Fobia feelings and opinions exhibit these traits of character in bold Relief and was a Melan Choly proof that vigorous intellect May be overshadowed by Abb rations and Ren dered useless and sometimes dangerous by Way Ward views originating in pissing impressions and maintained with characteristic Pertinaci. And with Little respect forthe opinions of others. In this diary the Compromise by which the Constitution was established is denominated Ai the bargain Between Freedom and and it is pronounced morally and politically with various harsh Edith Eta and , Little creditable to the judg ment of the author time and least of All at that time considering the position in the government he then occupied and the acknowledged claims he had to still higher distinction. This condemnation of the Gousti tuition As mor ally left upon record by a Man High in the estimation and honors of him count a men. At the very time he thus embodied this opinion of the Constitution he was the second officer of the executive department of the government and became Ere Long the first and in each of these capacities As in Many a preceding one he had voluntarily assumed under the most solemn Sanction the obligation to support this Constitution thus stamped with the charge of moral and political vice . Took no pleasure in the expression of these views. But the document has been Given to the country and regret it As they might an must it had already passed into history and could not escape the scrutiny censure of an age like this. Its tone of moral sentiment was bad. The doctrine and the example were bad. That the Constitution is a vicious instrument it seemed to air. C., that no right minded american could hold. That its honors and emoluments might be sought and enjoyed and in obligations assumed by Hirn who considers it liable to this grave was certainly not reconcilable with any elevated Standard of Rao Ralitz nor was the opinion the example by which position is held under such circumstances calculated to produce salutary impressions upon the american youth. And there were other of Thia resurrected Puper equally obnoxious to the Cen sure of patriotism and of taste. How different its tone and temper were from the Farewell and dress i Monument of High moral and political feeling and affect innate interest As Well As of practical Wisdom such As no other citizen Ever bequeathed to his countrymen. The one Appe als to the better feelings of our nature to the common name of and bids us hold on to the Unity of government which constitutes us one by All the to lives that belong to the past and the present to common exertions crowned with Success and to common Hopes As Bright As in the of god were Ever offered to any people. After some further Eulaj Giuin upon the character and. Influence of the Farewell address . Drew the Between it and the adams1 lie said the will not speak of it As i might Well do. Better that it had been entombed like the ancient egyptian records till its lost than have been thus exposed to the fight of day1. I will place in con tact and place in contrast a few Pas sages from the Farewell the diary of Lair. Adams and close this ungrateful topic with a few remarks. Fife then permit me to refer to the fare of Washington ithe Unity of govern Niento which constitutes you one Ilso now dear to you. It is justly to for it u a main pillar in the edifice of your real Independence the support of your tranquil to at Home and your your that very Liberty which you so highly prize. But As it is easy to foresee that from different causes and from different quarters much pains will be taken Many Arti sees employed to weaken in your minds the conviction of this this is the Point in your political fortress against which Thebaut Ries of internal and external enemies will be nest constantly and actively though often covertly and insidiously is of in Iii Ite moment that you should properly estimate he immense value of your National Union to your collective and individual happiness that cherish a cordial habitual and in to it acc Stoming your selves to think and speak of it As the palladium of your political safety and ing for its preservation with jealous discount enhancing whatever May suggest even a suspicion that it can in any event be abandoned Anil indignantly frowning upon the first dawning of every attempt to alienate any por Tion of oar. Country from the to enfeebled the sacred ties which now link together the various parts. T for Thia you have every inducement of sym Pathy interest. Citizens by birth Choice of a common country has a right to concentrate your affections. The name of american which belongs to you in your a Lional must always exalt the just Pride of than any appellation derived Froni local discrimination. With slight shades of difference you have in a common cause fought and triumphed Independence and Liberty you possess Are the work of joint councils tend joint efforts of common dangers sufferings and successes. And now said . C., i will turn to diary of . The Progress of this discussion has so totally merged in Passioni All the reasoning faculties of tha slaveholders that these gentlemen in the simplicity of their hearts had come Toa conclusion Ini direct opposition to their premises with out being being conscious of inconsistency. They insisted upon it that the clause in the Constitution which gives Congress Power to dispose of and to make All needful rules and regulations respecting the territory and. Other property of the United Fiad refer ence to it Only As land and conferred no authority to make rules binding upon its inhabitants it is in truth All perverted s sentiment mistaking Labner for slavery and Dominion for Freedom. The discussion of this Missouri ques Tion has betrayed the secret of their fouls. In the abstract they admit that slavery is an evil. They disdain All participation in the introduce t Ion of it cast it All the shoulders of Nur old grandame Britain. But when probed to the Quick upon it they show at the Bottom of their souls Pride and vain glory in their very condition of p the impression produced upon my mind by the Progress of this discussion is that the bar gain Between Freedom and slavery contained in the Constitution of the United states is morally and politically with the principles upon which atone our revolution can be justified cruel and oppressive by riveting the chains of slavery by pledging the Faith of free Dom to maintain and perpetuate the tyranny of the master and grossly unequal and impolitic by admitting that slaves Are at once enemies to be kept in subjection property to be a Vired Ine spa Fer

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