New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-07-05

session oi Congress. pfupo'tl"i4, nave nrel repeat
eclv introduced into the Senate involving the ques-
rion Of avery. have abs-aued from all partic.-
patton LID the q discussions o. winch they have gwen
rise becau.s considered them as abstract propo-
sitious having no direct practca. bearing or effect
The measure before us is Oi different character.
II c0utempates an act of Legislation lt propose,
a.v containing provisions 20 be enforced and O.
control the inhabitants OF distinct Of country more
than two hundred thousand square miles u extent.
Bv this act we are literally laying the foundations
of a future empire. 10 is sub ccl emineufiy prac
tical aud therefore speak.
The Questions 20 which the discussion OF the blll
hes given rise. are Of the highest momeut. They
concern the power of C0ucress over the territory
belonging % the United States and especially in respect
slavery in such territory Nor ~ tAls aiL lhey I'D
p0ve not only the authority o Congress under the Con
sutut0n % regulate the domestic concerns OF me per
iuhabitin- occupying the public DOMAIN beyond
the limits OF States but they may affect for an IN
definite period the social and political condition oil en-
IRE communities. They may vitality concern the pros
perify OF the iuurc millions w11 are to OIL the valleys
and cover the hills of Oro- On nt % u due 90 the mag
nitude OF the subject that should De discussed win
csmness and without aspcrty either oi ieelins or ol
language Conducted in such -pflt d-cn--loh' even
Do 70 were unnecessary, could NOT DO nfrm' however
widely we NAV fer or however delicate the questions
with which 10 has % deal Indeed IS ai"a ys poss'l.
the very conflict Of opinion may strike our LsAt ana
truth. and furnish basIs for an anicaoe adjustment o
differences. which would otherwise have been lriecnn
riabe To may be q vain hope 90 expect % harmonic
those who are now wide apart but % i- prove de-
lusion 70 may ucverhcc-s he profitable 20 indulge d. 10
may AZ least moderate the tone Of discussion
Do the of the debate on this and other kindred
topics various propositions have been advanced and
they have been sustained with distinguished ability.
some of these propositions repetiuons o the same
general assumption under different phases For iu-
stance 10 has been assumed that tine citizens OF any
state iu the Mon have light 90 90 into any territory
belonging 20 the United states and take with them
Whatever s recognized as property by the local Ia" OF
ID - aHr from IA HTNH fHHf mic u
lhat the inhabitants of territory cannot by any cgis
atve enactment prevent Che cifzcns ol any state n
Che Union from coming uto Che territory with what
the local Jaw OF SUCH state recognizes es property
These ere little else than verbal notifications of the
same proposition OF, AZ least the one j. necessary
consequence Of the other On the other hand, II Is
commended that the inhabitants Of territory belonging
the United states have an inherent right 10 regulate
their own domestic concerns for them selves. wherever
the jurisdiction oi the soI they inhabt may reside ana
without being orerruIed by the sovereign political
power, % which they are subordinate.
There H "a question VIII h lies beyond all these propo-
stions and which Do 10 boz satisfactorily answered
must Dee decisive of them al because IL includes them
tI Ua- Congress the right under the Constitution 10
eg-ate Tor the territory o the United Stntes organize
Governments tor the inhabitants residing 10 such Ter
ltory. and regulate within DO aI matter of local and
domestic concern ! believe this question can bc SAT-
i-factorv answered n the Affirmative ihat the power,
,O this unlimited extent can be- sustained-lst Oy co
.emporaneous exposition OF the meaning of the Con
-htuu0n and tine intention Of lts trainers 20, by iu
liclal ntcrpr taon aud 80. by The whole practice OF
The Government from Us foundation 90 the present
day.
This is the Fundamental question propose fret 90
discuss shall lay aside AT consideration oi subordl-
nate propositions These necessarily ial il the other
Boz established. Ny purpose b. % attempt 20 estaD
ish % and iu an have % say shall endeavOr 10 De
strictly argumcutatve.
The power of regulating, au matters concerning the
public domain think may fairly oe considered No.
ccs-ary incident 90 tine power Qt acquiring territory
md this not only in respect 10 the disposition which
may boz made of the naked soil, al u has been denom
mated but u respect 90 the Glasses oi persons VINO are
permitted 10 occupy TO- ami The conditions 0 the Occu
patton consider this Unrestricted powcras On nsepa
rable incident of sovereignty % be exercised by the s
preme authority Otthc organized community or state ia
which 10 resides The power OF acquisition is itself un
restricted By the terms of social compact 20 far
the objects of acquisition are concerned. Its ncden-
ta also 10 is derived from the power OF making war
and treaties aud the limits % the exercise of these
powers are 20 boz found n fund imenta rules and prin
cples app cable 20 all organized societies.
But do not for the purposes of my argument place
the power on this ground. assign % % origin Jess
likely think. % be- questioned. / place it on that
provision OF the Constitution which gives Congress
power % dispose OF aud make all neediul rules and
regulations respecting the territory or other property
belonging the United Sntes.'
am aware that this clause Of the Constitution has
recently received construction which confines the ac
ton of the Government 10 respect % the public domain
90 the nauowest possible Imf--a construction which
leaves t1 Cuu1re-s The mere right 90 -ulac me mode
loo which ihe public land shall be- surveyed brought into
market and sold without any power % regulate the
political or municipal affairs of those who settle up0nit
while they acquiring the requisites usually eNactcd
as conditions 90 their admission into the lnlon lnl-
construction is -u1vcrsve of every idea Of sovereignty
the state the word ia is largest sense as the
owner of the soil 10 reduces the Government OF tine
United states % the condition OF mere ndvt ml pro
ouetor OF land, without single attribute OF '..uca
power. such consequence could never have Been
contemplated by The trainers Of the Constitution as ike
v 90 be- drawn from the clause in question On the con-
m az
or OF the most plenary nature. ! shall endeavor 90
make this apparent 10 the senate and in doing sO ii
vii be- necessary 20 look M the history OF the clause oil
the Constitution referred %.
on the 18th Of August 49, Mr. Madison introduced
INTO the Federal Convention, then engaged In framing
The Constitution series OF propositions, IN order % b.
referred 90 tine Committee OF Detail Among them were
these. To authorize Congress
ITO dispose Of he unappropnaied lands Of the United
TO institute temporary Government for new states ans
On the 23i Of August Mr. Rutedge. from the Com
mittee OF Detail. made partial report on hr Madi
sons propositions. and others submitted by Mr.
pinckney 0n the 18th. Mr.. Madisons propositions,
above quoted providing for the disposal OF the unap-
propraed lands and the institution of temporary gov
ernments for new states arising therein, were nor re
ported hy the committee But on the 3Otn of August
Mr. Governor Morris introduced the clause respect
ing the territory belonging 20 the United states. which
with few lmmaferia verbal alterations i now part
of the Constitution After Mr. Luther Martin had offer
ed an amendment which was rejected the clause was
l adopted, Maryland alone dissenting.
10 may not distinctly appear 20 first glance what Mr.
Madison designed by tn institution OF temporary gov
ernmeuts for States arising VI thin the unap-
proprsted lands II Uni gh b. supposed that he intend
"a 20 provide for their temporary government az states
after their erection 0r formation. Bat those who are
familiar with the parliamentary phraseoIozy % mat
lay VIII have doubt that the term states was used a'
I Ne now employ the term Territories.
But bee this not u Is certainly not iair 20 say al
has been said that 10 shared The fate of the proposition
confer upon Congress the power 20 grant charters
Incorporation 20 establish university. and 20 construct
canals, SC. These propositions were distinctly pre-
sented % Congress and formally and dec -ivciy mega
TWEED by direct recorded vote as may he seen by r.
ierring 10 the proceedings OF the contention on Inc
] l4th u september.
/ 10 was not So with Mr Mldisons proposition ~ re
speci 20 the unapproprated lands Of the United states
The most that can b. said is that the Committee wer
not in favor OF % IN its original form There was Do
vote 10 in thar form in Conveniion-no reecton-
The proposition ~ Mr. Morris. which o. no" part @
the Constitution was maniiesty from ts terms a. W.
the circumstances and the SUBJECT MATER INTENDED
| as substitute for H. 10 was adopted almost with0u
/ opposition The power . j. construed 10 confer ha
been exercised from tue earliest erod in our history
The attention OF the Convention wac distinctly draw
"a the subject hy Mr. Madison end d dihcuf ~ De
hsve thar an authority sd general as thar OF making a
nredful rules and 7, -ulaons respecting the terrfor
belonging % the ned states lIne term re- -llsfi0ns be
ing u-cd AZ that time much as w. now use the tern
isvsl could have been conferred, without question