Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1848-01-26

y
which can change the relations Existing
therein, and they can say III. they will, We
will have slavery in the former, and we will
abolish it in the latter.
In various respects the Territories differ
from the Suites. Some Of their rights are
inchoate, and .hey do not possess the pecu.
liar attributes of sovereignty. Their rela-
tion to the general government is very im-
perfectly defined by the constitution; and
it will be found, upon examination, that in
that instrument the only grant OF power con-
cerhing them is conveyed in this, phrase,
s.Gongfess shall -hagee the power to dispose
Fef and make all needful rules and regula-
tions, respecting the territory and other
properly belonging to The United States =
Certainly this phraseology is very, loose. if
it were designed, to include in the grant the
whole power of legislation over persons, as
we'll os things 1he expression, The s'terri-
tory and other property fairly construed,
relates to the public lands, as such, to arse
nails, dockyards, forts, ships, and oil the va
rious kinds Of property, which the United
States may and must possess.
| But surely the simple authority to dispose
| Of and regulate these. does not extend to
the unlimited peweriof legislation; to the
passage of all ia,cs, IN. the most general ac-
ceptation orthe word; which, by the by, is
carefully excluded from the sentence -
| And, indeed, if this were SOFT would render
unnecessary another provision Of the consti-
tuition, which grants to Congress the power
to legislate, with the consent Of the States,
respectively, over all places purchased for
the Correction Of forts, magazines, arsenals,
| dock yards, & c., These being the '.proper-
| iy',of the United States, if the power of
legislation, then the grant of authority to
regulate '.the territory and other property
| Of the United States is unlimited, where
ever subjects are found for its operation,
/ and its exercise needed no auxiliary pro
vision. If, on the other hand, it does not
include it over the ssothe; property . of the
United States, then it does no. include it over
their s'te,ritory;"' for the same terms which
grant the one, grant ihe other. ''Tcrrito.
ry,' is here classed with property ,nnd treat
ed as such; and the object was. evidently to
enable the general government, as a prop.
ertv holder-which, from necessity,it mus t
be-to manage, preserve, and ''dispose Off
such property as it might possess, and which
authority is essential almost to its being
But the lives and persons of our citizens,
with the vast variety of objects connected
with them, cannot be controlled by an au.
thority, which is merely called into exist.
ence for the purpose Of making rules and
regulations for The disposition and manage.
anent Of property.
/ Such it appears to me, would be the con-
struction put upon this provision -ofthe con-
stitutlon, were this question now first pre-
sented for consideration, and not controll-
ed by imperious circumstances, The O.
riginal ordinance Of the Congress of the
Confederation, passed in 1887, and which
was the only act upon this subject
in force at the adoption Of the consti-
tuition, provided q complete frame Of gov
ernment for the country north Of the Ohio,
while in territorial condition, and for its
eventual admission in separate States into
the Union. And the persuasion that this
ordinance contained within itself all the
necessary means of exec ution, probably
prevented any direct reference to the SUBJ
iect in the constitution, further than vest
ing in Congress the right TO admit the
States formed under it into the Union.
| However, circumstances arose, which re.
uuired legislation, as we'll over the terrific
nv north Of the Ohio, as over other terrific.
ry, both within and without the original
4 Union, ceded to the general government;
and, at various times, more enlarged
power has been exercised over the Terri
tories-meaning thereby the different Ter
ritorial Governments-tha is conveyed
by the limited grant referred to. How far
an existing necessity may have operated in
producing this legislation, and thus extend
ing, by rather violent implication, pow
ers not directly given, | know not. Bd1
certain it is, that the principle of interfer
ence should not be carried beyond the nee
, essary implication, which produces it. L
should be limited to the creation Of proper
governments for new countries, acquires
t or settled, and to the necessary provision
!. for their eventual admission into the Un
f ion; leaving, in the meantime, to the peo
pie inhabiting them, to regulate their inter
fl nal concerns in their own way. The,
are Just as capable of doing so, as the peo
pie OF the States; and they can do so, a
9 any rate, as soon as their political inde
, pendence is recognized by admission int
g The Union. During this temporary cond
e ton, it is hardly expedient to cali into ea
O ercise a doubtful and invidious authority
J. which questions the intelligence of re
q spectacle portion of our citizens, and who's
O Limitation, whatever it may be, will b
ID rapidly approaching its termination-a
!. authority which would give 10 Congress de-
po,ic power, uncontrolled by the constit,
D. ton, over most important sections of OF
d common country. For, if the relation {
IS master and servant may be regulated {
r annihilated by its legislation, so may I'll
in relation of husband and wife, of parent ar
$, child, and of any other condition which o,
r. institutions and the habits of our sociel
in recognise What would be thought if Co
,e gress should undertake to prescribe Il
a. terms Of marriage in New York, or to re
- ulate the authority of parents over the
h. children in Pennsylvania! And yet it wou
" be as vain to seek one justifying the inte
# ference Of the national legislature in tt
v. cases referred to in the original States
at the Union. Ispeak here Of the inhere
orl nower Of Con gress, and do not touch q