The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-07-02

no limit but their discretion, safety but the cemency
of majority. But, sir, the trainers OF that instrument
were wise men, whose profound sagacity and
virtue, combined with patriotism unsurpassed IN all hui
man history, qualified them to guard the infancy OF the
nation which sprung into existence by their prowess, as
well to provide for the development OF that greatness
which they distinctly oresaw No aspect OF the uiure
escaped their observation; contingency which might
arise omitted in their provisions; and il Is to this
constitution that we refer to adjust this question and FIX
the principles on which, trust, we may all agree.
The extent OF legislative power over the Territories OF
the United States, which may be consttutonay exer
cised by Congress- is TO be found in the third section OF
the fourth article OF the constitutions which provides that
Congress shall have power to dispose OF and make all
deedfu Tues and regulations respecting the territory and
other property of the United States; and nothing in this
constitution shall be construed to prejudice the
claims of the United States of any particular State
The clear and unquestonable meaning of which must
be- that territory is regarded property and the rules
and regulations referred to such shall be necessary
10 make the territories and other property available.
Any rule not needfu for this purpose contrary TO the
suppose that the words dispose of have any
ing by which Congress shall have power to waste 10
cede away, or otherwise render the territories of the UNI
ted States unavailable for the great purpose OF supplying
the national treasury and mnistering the wants of the
people of the United States. ANY other construction
OF those words might transfer the treatymakng power
to Congress, and authority to cede away the public
domain II is true that the power to acquire territory
implies the power to govern it when acquired but 1t is
also true that such government must be in accordance
with the constitution But Congress does not acquire
territory The people of the United States acquire it, and
have the right govern it, and have limited Congress, as
their trustee, in the name OF government by the const
tuition Congress could have power to establish re-
bgon or to create titles OF nobility in the Territories, be-
cause expressly denied by the constitution and when
the laws OF the United States are extended over terri
tory it must be understood that the constitution and laws
extended and that nothing repugnan to the constr
tuition can be in force as law know thatis asserted,
and that by southern statesmen, that Congress has
limited power of Legislation the Territories but this
be true, then Congress may by law commit the entire
eminent of the persons and property the Territories to the
will OF sing lie individual, and thus present the anomaly
of desposm created and sustained by the constitution it
selfa conclusion 80 monstrous as only to require the
annunciaton to carry home the conviction Of its faacy
to every mind (See note A, AppendX.) There can be
no doubt of this propositions that whatever property
when the federal government came into existence under
constitutions far that government is concerned,
must remain property. The States, soveregns,
alone alter the rights OF things within their own iu
rsdicon, and that by virtue of their sovereignty The
federal government is therefore bound to consider as
property all that was so considered at Its adoption, and
the constitution guarantees the enjoyment of that property
in tranquility and security to all the holders far as
the laws of the United States operative in the prem
lses And this is true whenever that property placed
under the jurisdiction of the laws of the United States
Now, the territories the public domain the common
property of all the citizens OF all the States-ac9ured
by the expenditure of the common purse, purchased
by the valor of our people, without reference to geo
graphical distinctions, domestic municipal regula-
tons 1t follows then, that in the territories of the
United States before organized governments in
suted the constitution and laws recognise the right OF
property for none can tor moment assume that the
it is necessary that temporary government should exist
10 bring them under the operation of law. (See note B
The government is bound to protect them from invasion
and injury, because they are the property of the United
States Then the question arises what is the effect of
the organization OF territorial government upon the
rights of property amongst the inhabitants OF the ter
reasoning be correct before such organization all the
citizens of the United States had equal right to go
mo the territories and carry with them those SUBJECTS
right be either weakened or destroyed it must be from
the effect of territorial organization In order 10 give
that effect that organization must communicate the ar
butte of sovereignty, be itself the act of sovereign
power We then inquire, is the Congress OF the United
States sovereign to what subjects is II sovereign
No one claim sovereignty per Sc, Tor delegated a-
thoy So far power is delegated so far is Its opera
ton final and complete, and further The constitu
ton with abundant caution, guards this point by decla
rng that whatever power is not expressly ceded by the
States in that instrument is reserved to the States respect
lively and the people of the States thus declaring that
the federal government is mere trustee for the
egn States of this conederacy, with well defined and
strictly limited powers. IT, then, all the citizens OF all
the States had right to go with their property upon the
must regard as property whatever was so regarded by the
States adopting it, then it follows that territorial organ
lzaton can give Congress no powers which 1t did not
before possess under the constitution Ii Congress does
not possess the power then relation created by law
with the hab'tans of territory does communicate that
power to either party
rial legislatures haye exercised powers denied to Con-
gress under the constitution that they have granted bank
charters and created corporations; that they nave DOT
rowed money upon the faith of the Territorial govern
ment, and exercised other acts of sovereignty. Con.
cedng the accuracy of this statement of facts nothing is
proved but that the Territorial government did what Con-
gress dsapproved of, and that which they not
thorzed to do The creation of corporation is one OF
the highest acts of sovereignty, for it is creating legal
owner TO property invested with the rights OF per-
son--an authority denied to Congress, because not
specified in the powers of which this federal govern
men is trustee 1t assumes that, under the effect OF
an organic law extended Territory and accepted by
the inhabitants, the powers of Congress enlarged
and that, by the appreciation of such act of Ter
rltoral Legislature, Congress may, by implication, char
own action Debts contracted by Territory upon
its faith and credit are OF legal obligation upon the
people Of that Territory after it has become State And
Congress have transcribed their power legslang for
any territory, the argument derived from this usuIpaion
is met by the MAXIM that evil usage must be abolish
ed am aware there must arrive time when the power
of complete sovereignty shall be exercised which time,
shall be able TO show, fixed by the constitution itself
Much, sir may he learned by reference to facts, as
well the practice of the government. Our whole poll
cy territorial organization has been with view TO the
most prudent disposition of the public domain with refer
ence to IFS profitable sale.
When settlers occupied much of the public domain
as to render manifest that there would be demand for
the lands organic law has been rendered to the hdb
aanS in order that under civil organization, land Off
and other facilities for the sale OF land and transfer OF
titles should be made In these organic laws, Congress
has repudiated the idea of sovereignty in the Territories,
by reservng the right of reviewing, and repeating il
cessary, the laws enacted by the territorial Legislature
When the inhabitants of Territory accept the organic
ganized and continues until expires, er " ermn, In
the sovereignty of the State to be formed out OF SAID Ter
ory Now the creation of this territorial organization
and the existence OF this temporary government gave no