The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-02


isence of war-i say should not be allowed, for tn,
reason that is congeni 10 The spirit Of nsti-
tutlons that arbitrary power, and especially military
power should, in every case that under hi.
government be regulated and restrained il practicable, By
previous legislation That the despotc will Of any ex
ecuuve functionary or OF any milltary commander
should be the only rule for the OF any people
not in arms not entertaining belligeren purposes-a
quered and subdued peopleand when there impera
tive necessity for it, is an idea revolving to the spirit and
genius of our institutions The exercise of such power
IN distant and enemys country, and to its people
may not affect our citizens, but 1t is pernoous in its
ample and influences. II is Objectionable account oil
the extension OF official patronage with restraint but
the discretion of the executive military officer dis
pensing IT, resulting from its exercise under the laws of
nations and the laws of war; not regulated by egsa-
ton here. or the constitutional power of Congress to
restrain and direct by legislation the Executive to the
conduct OF war; in all respects, | have question.
do not doubt that Congress rghtully prohibit the
marching OF our troops, in time of war beyond own
boundaries and forbid under any circumstances the nva-
sion of the country of the enemy. Congress may pre-
sion OF forces shall be governed under the laws Of
rar Such legislation is amelioration of the law of
the sword, which would otherwise prevail But until
the conquest of foreign territory is consummated as
have stated the federal constitution does not extend to
such territory except as 10 citizens; do our
general laws extend there, and is governed foreign
suggested the case is different 7nen The rsrir5iv has
become as other territory Ut the United States Ii is
subject TO the same constitutional and other laws; and
all the power OF Congress to govern Is derived from
the same source and is similarly restrained as il is
with respect to other Territories The ultimate power
implied from the power OF war, of conquest, and of
treaty. is that OF annexation merely and the only pow
er to govern that be implied from It, is power to
govern under the constitution and according the prin
cpte OF the constitution, all Territories, however
CURED, must be governed There is no distinction be-
tween territory acquired by war; conquest. consumma
ton OF conquest or cesslon and consequent aneraton
peaceful purchase and annexation following it.
take this occasion to to remarks made by
me in this chamber in December, 1916. upon introducing
p1,,t,p
governments in the Mexican provinces then in possession
of our forces, in which urged that the federal constu-
ton did not extend to them without express directory
legislation by Congress to that effect and from whence
argued the expedency of such legislation This is len-
teal with what have just advanced and entirely con-
ssent with the argument that the constitution is in force
to all territory of the United States that has been legal
ly annered and refer to what then urged to correct
msapprehensons in relation to it, and to show its
say before close. All know that the with Mexico
then "sriSted" Those provinces had been subdued by
arms, and were in our undisturbed possession
were officially Informed by the President, who
mended such measures Our conquests were not, how.
ever then consummated by ceson and the provinces had
not been ANNEXED to the United States They were then
foreign territory Their free white inhabitants were not
by the naked conquest, made citizens of the United
States 1t because of all this that the federal con-
stituton and its principles, then urged did
tend over these territories except as to our citizens
there Whilst the existed the Mexicans there were
alien enemies subject to the authority of this govern
ment, under the laws of nations and the laws of war
and proposed merely TO substitute civil regulations
congenal to our government than arbitrary military
desposm for the latter. '
In exercising the powers delegated by the constitution
with respect TO Territories Congress should, besides ad-
herring to the rules OF fundamental law have before
commented on conform to all the prohibitions its pow
to legislation other subjects or with respect to
the States, that be made apply to legislation for
such Territories On all OCCASIONS and in every case
such prohibitions should be given full force and effect
They should always be looked to as beacons to direct the
course of legislation from improper channes-as land
marks guide in following the true path The argument
that these prohibitions DO not apply in terms to Terrific
the removal of all doubt by their extension and
adoption by express law as to all Territories, and TO
troll all legislation respecting them give no weight to
the exploded false federal posulae that Congress do
whatever may be esteemed necessary and proper and for
he general welfare" if it is not expressly prohibited by
the constitution, or if the authority be gathered from
fugitive implications. The notion that legislator should
be estimated more highly because OF his ingenuity in
trivances to eyade the restrictions of the constitutional
compact in the exercise OF power BY the federal govern
ment should not be encouraged Such rules leave Con-
gess aoat on the ackess ocean of expedency without
pilot and TO go whittier the popular caprice of the dom
tors Of unequaed ability in making excuses and find
ing justifcatons for doing that which they had no
right to doeven some denying the power of Congress
to charter national bank tbs Staes-have wandered
in search of that vagrant power into this district, and
into the Territories, where they have supposed they
found it, unaffected by constitutional impediments to
they could in this District in Territory establish
for the States. advert to this because if the doctrines
commended for by those who the adoption OF the Will
mot Proviso TO these Territories be correct there not
constitutional restriction prohibitions with reference
to the powers of Congress relating to the States, that may
not be ev1ded by legislation Territories disregardng
them The old-fashoned, wellsetled democratic rule,
is that OF strict constructionhat Congress has no pow
that have not been expressly delegated TO it, that
cannot be clearly, directly, and necessarily implied and
these principles are maintained In the 9th and 10th amend
ments to the constitution, and strict adherence to them
will preserve concord and harmony in the confederacy
Many of the prohibitions in the constitution do, how
ever fact apply to legislation for Territories gen
crai, and extend 10 all legislation wherever be
forced. For instance, the constitution says, no bill Of
attander &c, shall be passed" Congress shall make
iaw respecting establishment of religion" &c. mo
title of nobility shall be granted" &c The privilege OF
the writ of habeds corpus shall not be suspended &c. all
of which prohibitions restrain legislation for Territories
as well for the States, unless forsooh, it should be
implied these prohibitions are confined TO legislation for
the STATES under the rule have controversial No rues
regulations respecting Territory" vioalive of these
side proves too much, if proves that those prohibitions
do not apply to Ierrnores.
Full and unrestricted pouer to form and establish gov
enmsnts for Territories to be admitted States not
delegated TO Congress Ii intended to conne it TO
cases Of necessity Doubtless the repugnancy OF such
delegation TO the elemental laws of this government and
that peen authority did not ernst to make such dele
mean power TO frame constitutions under which new
States 10 received into the confederacy 10 do
than make temporary needful rules and regulations
respecting the Territory anterior to such admission
The constitutional convention for the States and had
delegated to it their powers only How, | ask, became
invested with the sovereignty Of or over, the people OF
all future colonies territories acquired by discovery or
conquest coded TO the federal government in all time
to come? Had the people of the respective States
such prospective unqualified sovereignty as to acquis