Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-27
FOR THE ENQUIRER.
AN AMERICAN-CoNTINuED
POSTSCRIPT.-No.l.


In the first and second numbers of {" An
American 1t is commended, that Conrre have
no power in relation To the territories of the
United StateS, except to dispose of Them aud
To make needfui rules and regulations respect
Ing them having in view their SUBSEQUENT
admission into the Union as states.
In the same numbers il was further con-
tended, that any rule or regulation respect
ing territory, adopted by Congress ought To
he shewn to be needtul (necessary) for The ac-
compiishment OF some purpose fairly within
TIE scope of The very limited power on this
SUBJECT granted by the Constitution to Com
gIess that is 10 say, in specific terms, which
oughi always to be used. aud when men mean
10 reason honestly, will always be used neces-
sary 10 effect the purpose of a fair and benefi-
clai disposition the property; or TO effect its
admission into the Union.
but all THIS is denied, as narrow and absurd
doctrine. 1t falls far short of the magnificent
IDEA, which human pride So readily adopts of
sovereignty and unlimited legislation, whene
yer even a slight pretext for its indulgence
can be made out. Thus the authority to make
hsea5f' rules and regulations, concerning a
s%lio1 - property, which is to be disposed of,
ane Nilch OF course must soon cease 10 be
= hH$0gal property, Is power 10 make anu
rn,es 4h9 stsNiations "a power to make any
, ,p'es f4"'ehenS, Is a power TO make any
hties h3iSh H;Sg 10 deemed eXpedient: aud
PoMNt - sa'~r ffz fffys that may be deemed
e@Pt1 entf - = = sovereign legislative
power nl'otY3;f st.yotttS guided and go
veTheV os hfcreTtfs - 81 Thus we find
hat "a pVWFt - thA& ? ~ = lsiffieS and reEu
latlOns respEctiqGa fef45Ils & comes by that
sort OF gradHai - gzEsi0 80 Giub sse perceive
III balloon, arc Msisn q pss2tzg1ec .entireiy
by neat. power 90 Hefy5 VH ofsss kr;s ~ dFr oPp-
pie OF the UHfes StaIRs al lHsfs yass ~ tt.s
and To vest them al. y H. ,tf,d -. ~ <oj
further TO furnish the pen 3as taec i
~ treated with reason for ssta efh dUes .9,s,fs
up though not Exclusively, o. l .1agdsss sssG
insult. Et
But the object Of ihis'postscrip! n ,iaf al,
touch any point before noticed it Il sers3V
10 present To view part of the ConSfis Rf,.su
OF the u ,. which hitherto has notsbeen $40
Tea 10 Tie discussion concerning the pOwe. Of
Congress 10 iegislate for the territories
The authority To legisIate for the territories
Is derived from the words 80 often reciied OF
the "a paragraph OF Tic Sd. sect 9TH. arti &.
US.
Now ifihese words confer on Congress
power OF unlimited Legislation for the terrific
rles OF the u. 5. The same words must give
the same power. with respeet 10 iirs other pro-
perry of the u. over Which ibs power OF
legislation could properly BE- exercised aud
of course over all the isndpufchased IS tlle II
$. iTon any of the state Tor The erccfnsa a.
forts, nla1 aLiues, arsenals dock yards sGi ptiAr
! needtut' buildings. Nothing can o. BIpFe eer-
tain, that The power if given, Is ','seN IS hoNi
edSes,
manifest by reference to the COnsttglinh
| it,ei and surely IL VIII he admitted that the
best way to ascertain the meaning Of any ~
| struIntut rs bya reference TO itself taking its
! vfrlous parts together Now il is clear, that
! the power to make rules and regulations con-
| ceining other property Of the United States,
| was not supposed to be power ofnnlinnted
! or exclusive lsgiglatiOn over suOh other pro-
| perry, because as to such other property, that
! power is given by express words in tue l6tI
, paragraph OF The Sih section OF the COustlIa-
lion. Dill the mcmbers Of The Convention
! conceive that il was necessary TO give the
same power twice Could they have believed
| OF supposed that ia Speaking Of making rules
| atd regulations respecting the ether pfOpeity
! OF the United States, they were comforting Oh
COngtcsS discretionary legislative power al
ready conferred. II tlus idea did not occur u
them with respect to The other property OF tho
United States II The members of the Cunven.
ton did not suppose, as in fact they could vol
that the authority to make rules and regua'
tio"s as 10 the other property OF the UniteC
| States, did not give AL exclusive power OF lie
gi'lation, could they believe that tile sanit
words applied TO The territories, would bear
different cOnstruciiOn2
ask theu, with eBtire confidence as To tn
result, IL the construction advocated bt Ia
! American which allows 10 Congress tn
powers peciiedin the I'd paragraph ofthis post
script Is not quite liberal as the clause i
question will bear, aud as the wOefui eNpe
fence OF the country at this moment proves
. infinitely safer9
------
That w0rd pecdful seems 10 hare been p,at
more populqr cHh those tcb0 Jramed the CJRst
ttioR than cfh SOME ~ tbosr rho Gduiniacr Il
Po'Fe's.