Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-23


could make treaty which would enable Us TO pass an
post aeto law NEEDLE with the constitutions and power
OF the States at home Mr. President have been thus pa
tula in entering upon this of construction in reatio
implied powers because the consideration OF these dsnt
tons is Indispensable in settling much IN our past nansat
tons, and may bear upon much that to come These cor
deraons bear decidedly upon the matter IN hand because
think they meet the objections OF those who deny that g
to govern the Territories be implied by Congress at al
SO far from this being in which Congress can claim
power by implication, it Is IN which Congress may derry
more largely from this than II were question be
tween the Federal and State Governments because, undo
the constitution, power which the latter cannot exeTcis
| at ALL
But if the power does not exist in the Congress Of III
United States, in whom does il reside Such power mus
exist At the time when the constitution was formed, tn
Coneeracy possessed territory. There an obvious
cessiy that ii should be governed But are told that
exists in the people of the Territory Does the constitution
say any thing of the grant Of such power Is it not al
implied power And how do they imply it There are bu
two possible modes in which the people OF the Territories cou
derive either from the general right OF man to sell
government the right of separate and distinct society,"
implication from the constitution of the United States Ca
they derive 1t from the former distinct and separate
ciety IT they cam Congress has right TO extend owe
them It's revenue laws exercise IN relation 10 them
the functions Of government, until this sefexistng sell
governing society shall have in and by its vounta
act made itself part of this Confederacy But no VIII
will look to the consequences Of this doctrine serou
maintain it for would state, with great defer
ence that gentlemen have been msed by fancied anaog
between the Territorial and State govenmens-an idea that
more harmonious and consonant with the scheme
our Confedeacy that Congress should exercise
power oyer the Territories than exercised the States
and that the residue, the people of the territory derive
from this natural right of sefgovernment the right
exercise all the other functions of government This is
mere gatutous assumption might demand the proof an1
the for any such assertion but shall endeayor
than that. think that can demonstrate that il
unconstitutional assumption. 1t is to be remarked thstihere
Is class OF restrictions imposed in the constitution spon the
State governments necessary for the whole schemeo Ame
safety which apply in the States ani not to the
Territories No State shall lay duties without tie consent of
Congress But there Is such restriction with regard to
Territories. The citizens of each State secured in the en-
joyment of the privileges and mmunites of citizens If the
United States There is such provision in reaonto the
Territories. here whole class OF restrictions and pohib
tons, which need not enumerae applied the constitution
to the States but to the Territories and yet if
sumed that this right Of government existed in the Territories
II not obvious that these restrictions would have ben
tended to them II this power OF government exists the
Territories there constitutional obligation upon then
deliver up fugitive from justice labor. Nor do the gaa
antics In relation 10 republican government domestic
surrecton extend them although the latter is ind
pensabe for sparse and weak people, Their power greater
than that of the Sae and they would thus he allowed
derange the whole system of American organization. BIT
this IS not all When TO recognise the remarkable
fact that none of these restrictions apply Territories it fol-
lows that we must by necessary and inevitable implication,
repose the power the Congress of the United States. We
repos in them because they the agents Of the States
and because under the letter and spirit of the constitution
they governed by all of these limitations, which
srctons necessary for the government Of the Territories
OF the States and which would effect the ends in the
Territories effected in the States In that point Of view
was unnecessary introduce these express prohibitions be
cause they already existed constitutional limitations upor
the power OF Congress TO govern them. They imposed
upon State governments because they separate and indie
pendent but there necessity for introducing them IL
relation to Territorial governments dependent upon Congress
But this the only point of view in which the necessity
the implication that all power govern these Territories rest
IN Congress- Is rendered apparent II must he recolecteI
that The States cannot acquire errtothat the territory thu
acquired is the joint property of all the States and, there
lore, by necessary implication the power of governing hi
property which 70 be used only for the purpose OF dis
posing OF the soil but for the formation Of States should
reposed in that agency which for the states jointly
But this powerto govern the Territories exists in Congress
a. maintain it doeshe question presents ITSELF under wha
limitations that power is to be exercised l. il power un
limited and absolute Can there be any power in Congress
express implied which is absolute and unlimited Mus
not each provision Of the instrument be construed
ion with every other Must here apply that rule
construction which makes the whole instrument conssen
and harmonious, giving effect each and every part and
hapy there should be an inevitable conflict between the gran
OF any one power and the residue obvious that ID
lesser intent must give way the greater and the parcua
provision be ruled by the general spirit of the whole nsu
ent But 10 relation to the exercise Of any power whethe
granted or implied, there is gentleman in this chambe
who would think undertake deny that in the exercis
OF it, Congress sta do the things actually prohibited
II cannot pass &c post tdcio ap cannot establish re
gion create orders Of nobility and will be conceded b
all that we cannot under preeuce OF exercising an ackno1
Lodged power do any thing which expressly forbidden
| done.
But go further. There is another limitation which
equally demonstrabe, and that limitation derived from IN
spirit OF the instrument positive and absolute as the Im
aton IN those prohibtoy clauses which have Just re
ferred is provided that Congress shall guaranty repub
can form Of government 10 the States There il no sue
provision in relation the Territories and yet is il not obviou
that Congress is governed by the spirit Of tie instrument
relation to this matter, and that there constitutional obi
CATION resting upon il TO guaranty republican form Of 70
vernmen t. the Territories well the Safes II doe
expressly provide that the citizens Of the States shall enjo
equal privileges and mmunies in the Territories and vet doe
not every feel and know that there il constitutional oh
legation upon Congress TO that them To suppos
otherwise would be TO suppose that they had the power b
means Of territorial government defeat the whole end AM
intention Of the instrument There another and still NOR
important provision securing the equality Of the States Cal
upon any who understands the theory Of our Govern
ment and who has any experience in it's workings and asl
him TO TO you the grand Of American progress
development and he will tell you that il 10 he found in tn
equality Of the citizens and Of the States II is thus that th
door OF competition Is opened ALL Every man has an eoua
chance in the struggle for wealth. honor and the rewards
society," and each State has equal right participate ia thu
benefits Of the Federal Government We make success tn
reward Of merit, and merit consists the possession Of thos,
qualities necessary under system Of free and universal com
petition in order attain We thus afford he high
est possible stimulus individual and State organizations fo
the cultivation Of those qualities necessary the progress
the people thus too, The harmony Of the Con.
edcracy by the very which foster high and generous
spirit Of emulation amongst individuals and States, In III,
general and equal competition for rewards which must be
served TO De won Change these great features you