Page 1 of 18 Sep 1850 Issue of Tioga Eagle in Wellsboro, Pennsylvania

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Tioga Eagle (Newspaper) - September 18, 1850, Wellsboro, PennsylvaniaI 1 pm but sized vol. Xiu poetical text dollars a year wednesday of la of hic Lii of or Cass h it Reitci to his ninian on the Power of Congress Ouer by or Burrien of Georgia Tir i awi.u3t 12, 1350 v pril i i c n n i in i nation of the great question which flow divides us for More than thirty years after that period and Are to be told that the exec Cise of Power under such circumstances Jerlds us for our authority to the lust pry of legislation instead of the Book of the Constitution such a doctrine would fasten the Bank Power upon us and with much More Justice because its exercise was opposed from the commencement an-1 the High est minds m the country were employed in the consideration of the question. I am not going Over this subject again i have had my share m its discussion Only to submit a few remarks upon some of the vie ivs presented by the senator from Georgia he has briefly adverted to two reasons which he says Are urged As the foundation of the Power Over of Congress to legislate for the territories i n to put my cell Thise two reasons constitute but a Small part m tie Ali arc implied in the of those which had almost said i be Only nun in the Senate Scholastic made or found upon i turn out of it who dues this occasion amounting As i have already said to fifteen in number the two however thus prom mently i iced by the senator Are these 1 tint the Power to legislate for the Tern tones is derived from that clause of the constr ii Mich a As-1 Lulion which authorises Congress to disuse of Chusid or i from Georgia tit of i s n made an in trn i hive Montio Icid in re Power of n t in i r Tor i n1 tin i i i i t it i i it Ali has free find of Shiv r in r territory a though i i a inn huh Here ind elsewhere i i lir Lar Olen Llic tilth of their i u statute Book. Then sir of have never exercised this Power of Universal and unlimited legislation and yet life Liberty and property the great objects of human been As Well protected in the territories As in the bites and by the local Legislatures i repeat then whence do you derive tins unlimited claim i for if you take one step in this Pathol Power the whole career is open before you Grant the right to regulate slavery and you Grant at the same time the right to regulate All the r concerns of relations Othu rear Lei world the aggressions of Power and a deter nation Here conducts neither to our own liar initiation to list them Mony nor to her interests. If we should on n . N i. In this Way til doomsday our labor Stourd be the As Barren As Thev have been thus fir during the dissolution to cause of piers Iii rear even session the True question is what we outhit Elc nerf what we Hue left undone and of annihilation have resumed to the penal at we have thus i. It .1 the senator a s the it r to Sovereign or calf Birnn ii my r u in la Ilie Hinic remaining in Llie me mile is a map while Tor part cont. All the is us invasion irom we Lieut Suler her As truly a any on the Hrc of Winlun the Earth the senator from Maine or Here or Lent is the emphatic Armmie i Era or Iii which our fathers hot in argument and i Ems pc a nitty in parliament i i t lift it to Binil Thi in loin i lit tin pin ii t u invoking the great right Vurnm in Aid billowed the principle t i in Jacce 8. An i male it the very a our institutions and now be h n 11 the ration of the Revo i t i we Are culled upon to Nair in misty. This i in by Sra Lulu 11 bind nil e Ichaso Iii and u i v Cir or such a Power the senator from Georgia has said that the people of California had no right to organize themselves into a state and there is no instance of such a proceeding in the history of our territorial establishments so far As respects the creation of a Btte government and the application i in admission into the Union Independent of the action of Congress there Are be veil such id i irl triv Power by. It is the and make rules and regulations fur the Tern t Iosi Ali very words of the Tonj and of her property or the United states 2 Fiorin i in Ireal making Power which gives the right of acquisition and therefore the indeed Eris s r never be Tor did Congress right of legation utterly neglect a duty and leave a new and As to the first i have nothing to say the i Remote acquisition without Ruimin Zirion sex Fae Nator himself before told us that in his i posed to ail the evils d cases in our political annals so far As re Peru the of a political svs Iun Uiselt the Cria Timot a government no such precedent t in itchy ind to be saved opinion it does not Confer the Power claimed Only by their and Hemness Here is and Hai expressed his Surprise that any one 11 h a would resort to this clause for the foundation of such an authority i concur with the senator in this View nor do i believe if the question were now first presented for decision to the american people in embarrassed by previous Alioti. And fully discussed and jammed that Ute by step the of 10j Ojo american scarcely a Man would be found in this Broad citizens to provide to their an s Cial Exigence at a a marked my an i As Mil to contend that the Mere authority to regu i and to Ai july Tor alibis Ion in cams Union As who. In this Middle o the late and sell and for such is the meaning of i you woul i require proof to establish the owner n i in tins Republican land the word territory in tins Sonnemon b Ilii of ship of u Home no sir then where ail parallel and precedent Cei a nor do believe there is us Osiier country on the Tice of Kurtli where such legislative neglect of great interests can of found. And we Are to be conducted so Iii Politico i tape Iasi Cut or Icess of re Iso Imp and asked to prove t v to to tin a i Liticia worship. Virus land Sarre Early to the dictum of the us i in in the senator Preine that authority i a con in i is the sentiments olins Veys unlimited political Power Over the people 11 n in i tint ill re is not a Mere Rem inhabiting the territories and embracing All the i i t i Prity Vvhs repudiate such i great objects of life and if such was the m a in who by Heve tint internal legis Tendon of the framers of the Constitution All i the it representation or natural Fahm have to say is that they Little deserve the hear i r r of arbitrary Power and Acler Tor Wisdom and Perspicuity which Trade n u it is it is claimed and i Tion has assigned to them and which 1 believe j at i to it Vienna and at con j they possessed t 15 As it Washington and no the senator himself adduces this Power of internal legislation from the treaty making j a 1 r a u i.uu1iiicu Iii ui1c us ,1 j c j Power i he Steps Are these the authority to these Torina of organization and not extended Power to deducted from it from the beginning i 1 in v not re coined uni or Dpra dilation i t Nimg the if icon Rea n i of Ali authority it i r in we Mill ii nil or where it for by m Tan end crop King parliament ,1 i anally in support make treaties is expressly granted by the con Eliv Lii god or by the just Laws of Stit ution the right of acquisition is an Essen Nan do you derive such tial portion of the treaty miking Power and the p r h r a single clause or word t Power of unlimited legislation is Essen my to the v i i m. If Joti can which gives it use of the territory acquired and this May be v i Trible Means no oppression exc Sci de by Congress. Now sir let me ask the senator if Ilus is the Irue Dedvalion of the to incr it Congress by what authority Weie territorial governments established in those portions of he United Stales a Wycich were not us Quirt d by treaty but which Mike part of our original territory and clime i by the act of Independence five of these governments North and three South of the dim were instituted Over regions no More acquired by treaty thin were the Bentes of Virgin or a Silm cats tiny were not Cedillo us but belonged to us and in i re included within the limit of the coun iry country recognised by England and by other Powers of uie world to be Independent As to the Cessions by various states of their claims to Hind these could Confer no pouter on the a would have Rel government not to be found in the Constitution these Cessions merely co nerved Dis up cd Nehk but the Power of Congress Over them must be determined by the Constitution but passing by Thio subject to the Mam Point i agree with the senator that the treaty making _ qty in the Viiu dilation of i Power contains within itself the Power of a nor is the word Kolf to be qui motion it in an integral part of it arid were Itu Ion it 13 perfectly Idle it not so no t Antory could be in he earlier or later writers Phi d Powers belong to the legislative depart nit on to week there the at ment Only and Are not soph Cable to the treaty Ignaty or to us their making authority i of can acquire by treaty x Sterne of Pover in the gov i for that is one of the objects of these Conven lid stills the people of tonal arrangements among nations As St Pula the True sovereigns tons for Commerce and navigation Are others but there the Constitution slops the act of acquisition 13 Complete upon the Exchange of ratifications and the act of government does not then depend upon the treaty but upon the Constitution the senator has presented this Branch of the in mint it find this Subj it with great Lorce and a Brlity As indeed i til m t the people hive he does All others but i do not see the con 10 tin rna elves you can Nexion by which the Power of government is one of the important bound to the treaty making Power int von do not pro to j the senator says that the right of govern it in lilo Fonn i is essential to the use of the property and tint m i k in the great the Refore we possess it but sir we do not de in and t it were Ilia right to property from the treaty i Nisi is powerless to making Power it is derived from an express clip c in the c institution introduced for this very purpose Cert Only the of the property is to Siy Lek Leist of it As legitimate a Conse Quence of the right to acquire As is the p Verlo govern and it the trainers of the Cun Tiitu considerations Tuliau relation and which Ere Are tar higher thes i pm i a Vii Unis me acts the metaphysics of this matter and into the for government but the legislative Power be Wullich in Longs to the people. Well to i am the Only Man Mcnuity May raise respecting the transition of in the Senate and out of it As it is sail who a Community from one political c6ndition to an does not Bow the knee to this idol i must seek other and the precise minutes that encouragement in the testimony of he dead past 12 o clock for n us Chrysalis which i am Noi to find in the sympathy of the state terminates and us transform it Ion is com living but sir i believe nothing of Ull this plete let Hurt pursue these Vest ignitions who i hive lived a Long and Stirner Lite and my a taste fir hive none t a one i led Fuji with my countrymen and i think i Liall Deal inn he principles of our own Misti i know something of the True sentiments of the lotions and the Enghu of human nature in their i in is not a item the jurisdiction of any particular and is Witlin tie jurisdiction of the uni Ted is Iles and vrho does not see that this is but another name for necessity or inevitable a it 13 elsewhere called by this eminent Man resulting nut from constitutional provisions but from undefined political relations Winch impose obligations necessary to be Ful filled but not prescribed in the Constitution Ami in their pric Lical recount Ion we Are bound by every principle of free institutions to in crunch no further upon to e Liberty of the people thin it Nece sary to live them the Benefit of a just Pili Cal Irga Bizalion and to preserve the american people upon All subjects where the rect application to the condition tights of Man Are brought in que Tion ves of it May be and in they need no Long and Subtle disquisition doing o in this instance i Hud the Congress j when such questions arise they do belter Ihan Olne United mates his Neil acted one of its to enl i into n Cool Pruce a of most imperative and import not in feel their unerring instincts teach them Stilu Ion of n govern i it for California and he who claims unlimited per Over a comm having driven the people to do for themselves Nily is he does nol show their consent or their Piti Ciprion by the Clum of a yen if it is made in the Marble Halls of but or president How strikingly is our con duct to Vard California foreshadowed m this eloquent illusion to the conduct of the British g ivern tent toward the colonies the Only difference i tint the one Yed an existing go Eimm it and the other refused to Creale one leaving the people equally with bul p Ili tical or Ven Liat we ought in live Ilone fur them we hive How no right to run Cinn til Iren ire incl to n lust their Eppli Citman. Beau they did not i government Winch none Crould be by the of con Gress Here v r Berrian reiterate i and amed ins views to iliac a or i a9 replied if right upon one or to the us Jet it i de ire 11 put Points in then i Liall Ahin Doi. Involved in s Ich a i rom upor Iii in in Esplan Itman of Gil Bizalion and Jaqua Fly exposed to the Dan to the head i i Zitur hut Init a Perciso Power Over the people were Justi hed in of the territories forming a government bul that they should As he employ have formed a territorial ail 1 not a state govern ment Well sir Una con Cosmon is Worth some thing for it and nits the Validity of their Politi Cal organization and their right to Frame Hwa and to administer them and what reason does the senator urge Why the political action of or bar Hill that Congress May exercise the Sovereign Power which is delegated or cars you can find no such provision in Ger of invasion from u Knout and of Coti Vunyun is i the Exir Cist within anal leaving to them a of of which Are incapable of annihilation and in Hick bet pigs to them. Few More striking parallels Are Lur snied by history for the instruction of Mankind and this parallel does not Stop Here it extends the people should have been confined to one of Many. Take up the great charter of our coun try. Point me to the clause if it Exi the. You cannot i no any 1 r in a ii Lowy to Plihal or or ii on re Mcnary words can re i an Vav ritters it Shinil i a Ven in line f tin it nil it Liu uld to writ n iric t it living Lilit. Tint the of r n i i in j r Nult ,.1 lir the 1 n f n nov i i nil cot 1 i i i Ilii t 1 r m ii ct1 in s full a i r id p i Roll a p i Vrr it nil in r in r n undo Ini coif Ureil i Ca i p d v i n it Virv fact is Ilii r v tin or n i ,1111 r in r Thi to rail Riei it i t l in 11 Irr i i in it it had not tired Mil i Istead of Buch a Dichri i i t i i1lt the s. Notor from it r in Sovereign this r f in Resa 13 vested with no i r to the other there is it course no Lei Al or i to the end constitutional whatever the it is a logical worse it is a political ass urn i must be imposed by sums Over Rule principle to Tor lulls the exercise deduced fro n our institutions tin people of Power not ran Teti by Constitution and says the senator in government had claim Poi a Bire Worcel employed _. _ c t Liv a Pilaf 1 in no right to go Turt Lier than Ali acini in required and should hive cd Iten led themselves with the smallest modicum of rec dam lean i. In Viik Mill 1.1 us 1 Jill 1 o under tand , a up cum Dele Lyle rests calve states and they have a p non Wal. N a. It. _ t c i tin y nil the rights i ring belong to that Liiv go to the Clem notary r tin. O rights Are but you Imi Tuli m to find How and in1, been can heed to any cited and Iii used to vers liquid b Powers should b limited in their Eie Reise by the be Cissily a Lucli Calls them into action but want principle human or human re Sou requires i people Neces sunly called to m Titus u govern item to c with the possible device of Liberty c Paible with the Cutuil Peice of society. I can Tedd my utter Init Lilyth i Cern 1 he rights Are their own not and it we compel the n to act this must what their interest re quires i do not contend that Thev have in Tual Clum to admission into the Dijion. I do the Constitution to the Law Aid to the Testi i beyond political Tran actions to the Politi Cal doctrines we fave a right to bind Vou legislation m All cases whatsoever said the big Tish governing no to the colomes we have an unlimited right to legislate for the territories says the honorable member from Geprgia and this pretension faithfully followed to us result is placed in rather a startling though True Posi Tion by a member of the House of representatives who said in debate there that this government could establish a despotism in any of its doubt it could sail them into slavery it it pleased no wonder the peo ple of Talili Nia desired to avoid a rendition which them in such a state of political thus boldly proclaimed by High men in High places. I now sir a few words More and i finish. I have already said that eight territorial govern ments were established by act off Congress Over regions not acquired by treat but Mak ing part of the original possessions of the United Stales and i ask the no by elementary writers upon Public Law the Mere attribute of sovereignty Eive Ycu nothing. It does not a Eloiie to you it belongs to the peo right to exercise or to withhold from exercise any Power Hirl Yapp run intr to Lewt condition agreeably to the of nations if they have granted any p firtion of these attributes to their ent the g ivern mint May exercise them if not it cannot but if printed we must go to the Constitution to seek the Power and its event and not to transit Arctic writers dealing in ire Neril Princi its und with a Mormur Chytil bins pervading their work i rep a j Hority Lor the exercise of this Power if it de i hive already expressed that the Wor i pen truly upon the right of acquisition by not deny thai is our right and our duly to look houid1" " Foj to their circumstances Ana to or reject p we thou Avold them As their numbers and condition May j St i "n11 la by ii the number and of the people Liot California is not such As to justify their admission let it be shown and let their Appici Tiou be reined but i do deny that the nature of their political organization brought about by our neglect furnishes any valid Reison for excluding them from this great confederacy into which they Are so desirous to enter but after All what could they have done but precisely whal they did1 they had to organise a gov eminent the it the senator from Georgia admits and How were they to organise a territorial government which Meceo silly Xvi Termini derives its Power from the United bytes i h it is the very essence of its existence and tha existence it could nol acquire by act of Congress and because Congress woul i not pass act upon the subject was precisely the justification for the preceding How were they to possess a territorial governor or judges or to be placed under the control of the Federal judiciary by their own act1 and without these Bonds of connexion and others like them How was their Sovereign were expunged from our political vocabulary and the word Independent sum thu a would bes efficiently recurrence to is seeking of the government in their elementary terms but let that pass the senator trom Georgia suppose by the Way of illustrating the extent of our Power Over the the governor and judges were once clothed ill the duty of legislation thit is so sir with an important the did not possess the Power of original Lugi Slation bul Only the Power to adopt Sutti us of the states As they might s us Ible to the circumstance of the territory this was the extent of their authority and even this bad As it was waa better than to leave the Power of internal legislation co limit Ted to n remole Assembly eau Illy a shout meter course , or re Pon Sibilly the Gover nors and judges were Wilh the people made Pirt of them and Wero under that Strong control which american Public opinion never tails to exert upon those within us influence. Bul sir the first plan adopted by the Continental con Gress wis founded upon much sounder Princi Ples than hit which was afterwards substituted for it that plan was agreed to in 1784, and l i ire to choose a King ours i i l limited Powers and of a tact no vet Ive easily depart from bit in re is n strenuous Effort 1 _ ated legislature with Sove b ruin Ignaty is an Issen in m legend Cal people j Mich n strict construction that the acquisition that All governments should of properly would not give the right to an i sell a fort Iori it would not give the right to govern less to exercise Over it unlimited Powers of legislation but under any Cir urn stances whence comes this pretend san to regu Inte All the internal concerns of a Distant peo ple without representation and of whose Cun Mon we have Little knowledge1 it it be said it is necessary to Institute government and therefore we Institute them Why piss beyond this Boundary to Regul lie at our pleasure Alt the to apprehend that sufi i Domestic concerns of life 1 f Vou found your be Given to past expert-1 Power upon this necessary action you must government to Bee line a territorial one it could not be could not be their de Facto government was necessarily derived from the a selves depends on themselves their Rel i Tion m be defined by the action of con and. Under these pm it be seriously contended that they had no right to bul this More than any n Laird la conceive n greater heresy 0 i l governments on the fico of tin inst to to fettered by a to precedents i do not Call in Nonni and Acta of those vrho it is equally due to them t1 air views of great political a Vij be la my carefully considered and n of nature All flon a drily the practice of to in a the precedent of to Morrow and o c of the next Day a portion abides in the world is lobe to do a thing again l Bacn Donc before and thus to no r worst tale of with our to Oso no preceded us we our own r a Cullis f or if. R a Hon an commoneta 1 four no hts we have and exer we have and commoneta to which i government r r in hould a tested for Many years or i Oij on of the Constitution the Lawa or i passed sub Tolentio not even a tradition of any exam Here and i Klor admission into tie Union and that we ought to reject them because they Tion Conidi red the Grants of Power liable to had not a territorial government Why sir this is no w in to Deil with Humin rights you cannot Stan i up before the people of this coun try and Nin Liin such a position. You Are at War with those1 everlasting principles of human n iture an 1 he n in freed i Winch no Pover c in destroy and Winch when taken from a people Are taken by Torce and not by right the Seiglor from Georgia says it is True there have been delay and neglect in the or a ambition of a government for the people of a Thornia but that has been owing not to her but to you and you and you members of this body and Pray or president what has this to do with the practical effect of congressional inaction we ire not inquiring into the causes of among senators and represent innit its exercise by the existing Nice sity to go beyond is tyranny now no one will con lend that it is necessary for in to regulate All the internal a furs of he people of the Territo Ries that is Best shown by the fact thut we have never done attempted to do it i recollect but one Ejup Ptg this provision against slavery in which con Gress has interfered to control a subject purely municipal m its that was in the prohibition against the incorporation of Banks when the mania upon that subject was so extensively prevalent and that indeed was not a Mere local it involved the interests More or loss of other portions of the Union in consequence of the extensive circulation Given to the currency of those institutions. I do not believe that another Clear Case of con Gressional interposition can be found upon the natives which have produced this unhappy re sult but into the present condition of things uni lne effect which this neglect has produced upon our mexican acquisitions we Are or should be looking to the just claims of Cali fornia and not to any retrospect of our own errors the senator says that those associated with him in his View were anxious to establish governments but that their were not accepted. Well sir this is just what members opposed to his views say in return you Are to blame for this state of things for you would not accept the offers we made of co operation 1 need hardly say thut my views c a Nide with those of the senator from Georgia upon the object of the Wilmot proviso but still i do not shut my Eye to the fact that m the consider treaty 1 dip its Eti sied Between the govern ment of the Union and some of the states res peeling the Clum to the a former contending that they were acquire i by the blood while the i inti r contended that Nej within chartered limit and therefore belongs to them it was a grave question and at one time threatened the gravest consequent to the infant nent however the Dis Pule was satisfactorily adjusted and the state interested cede i to Weir cd Iii to the in Ted states on various terms agreeable to then elves allow me now honorable senator trom George it u is thit the a Cessions Ofa doubt us comm you d enlarge the jurisdiction of c Ingres and Confer a Power unknown in the Consoli Iutin t the Cessions were1 not per lips necessary to Complete title but at any Rale it wis Wise and prudent to Botini them after they were obtained and the dispute terminated Congress to ascertain its legit Power Over the property had to go not to these Dee is of relm qui Hoenl but to the great deed of the people they there they

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