The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1848-02-08

ly encounter, and winch no good man Could
contemplate without anxiety.
The theory Of our government preHuppo
ses that its various members had reserved TO
themselves the regulation Of all subjects re-
laling to what may be termed their internal
policy. They are soyregn within their boun-
daries, except in those cases where they have
surrendered to the general government, a
portion Of their rights in order to give effect
10 the objects Of the Union, whether these
concern foreign nations or the several states
themselves. Local Institutions, II may so
speak, whether they have reference to slave
~ or to any other relations, domestic or pub
lie, are left to local authority, either original
or deriviive. Congress has norighi TO say
that there shall be slavery in New York, or
IN at there shall be no slavery in Geo orgla;
nor is there any other ,hnmau power, bu, the
people of those Siaes, respecptiyely. which
can change. the relations exisi ng therein:
and they can say, if they will, we will have
slavery in the former, and We will abolish il
in the latter. "cc a.rr.....
! In various respects the territories di ffe,
from the States. Snme of their, rights ar
jpchoaic. and they do ,uo poss IS The p4cu-
liar attributes Of fsonegnty. Their relation
10 the general government is very impedect-
ly dqfined by the constitution; and j, will b.
found, upon examination, that in ,ha' lus,lu
men, the grant Of power concerning them is
conveyed in the phrase" "Congress shalt hay-
power 10 dispose OF and nako all nerdiol
rules and regna;ions, respecliug lhe ierrluI-
~ and other property helpnging to the Uni
led States .CNriaply this phraseology is
very loose, il N wcIe designed TO inclnde in
the grant The whole power of legislation over
persons as well as things. The expressions,
the "territory and other property" fairly con
strued, relates to the public lands, as such,
to aIsenals, dock-yards, forts, and all the va
rous kinds of property, which the Uaited
States may and must possess.
i But surely the simple authority to dispose
of and regulate these, does not extend to the
unlimited power of legislation; to the pas
sage of all laws, in the most general accep.
iation Of tie word; which, by The by, is care
fully excluded from. the sentence. And, in
deed, if,hs were 81, would render unnecrs-
sary another provision Of the constitution
which grants to Congress the power tolegis
late, with the consent ofthe Safes, RESPECT.
\ lively, over all places unpnrchased for the
"erectlon Of forts, magazines, arsenals, dock
4 yards, &c" These being the "property'
the United S,ates, in ilie power to make
'sneedfnl regulations and rules concerning
ihem includes the general power Of legisla.
iion, then the grant of authority TO regulate
sthe territory and other properly 0f the
| United States" is unlimited wherever sub
|iects are fund forits operation, and its exer
else needs no auxiliary provision. If, ON the
other hand, 1t does NOT include such powe
of legislation over the other property" o
the United States, then it does not incIud,
i, over their 'territory," ior the same terms
) which graft The one, grant the other. "Ier
y ritory'' is here classed with property, ant
, treated as such: and the object was eviden'l,
] 10 enable the general government ,as prop
erty holder-which, from necessity il mus
+ be-to manage, preserve, and ."dispose Of
D such property as il may possess, and whicl
authority is essential almost to its being. =
. But the lives and persons Of our citizens
b with the vast variety of objects connecie,
d with them, canno, be controlled by an au
# thority which is merely called into exis,enc
e for the purpose Of making rules and regula
!, tions for the disposition and management o
II property. .'.H ed Htta gnoH7 3,.
}, Such, itappears to me, would be the con
: strlction put upon this provision of the con
d stitution were this question now first presen
d ted for consideration, and not controlled b
: imperious circumstances. The original OF
r dinance of the Congress of the C0nfedera
!, ton, passed in 1887, and which was the on
J, ly ACT upon this subject in force at the adop
r ton Of the constitution, provided comple,,
J, frame of government for The country north d
is tho Ohio, while in territorial condition, an,
u for its eventual admission in seperate State
y into the Union. And the persuasion tina
IT This ordinance contained within itself all ,h
necessary means of execution, probably pre-
e vented any direct reference TO the subject il
y the constitution, further than vesting in Con
c gress The right to admit States formed unde
g i into the Union. However, circumstance
81 arose, with required legislation, as wei
: over the territory north Of the Ohio, as owe
Is other territory, both without and within th
5, original Union, ceded TO the general govern
e ment; and, at various times, q more enlarge
{, power has been exercised over the Terrific
ir ries-meaning thereby the different TER
tofial Governments--than is conveyed BY III
70 limited grant referred TO.
$. u How far an existing necessity. nj, hay
4 operated in prcarcng this '@Gsla''on, an
NJ l1h9s c&iepSidg, ty iaiher VioI m inplic
VS. 1on, powers hoi directly given. ! tnqS y,
y Bit certain il is, tq 10 ,PGncpe If i1i
! f6}epce should hot bf. carried beyond y
e necessity inpicatt'"n, Yhlc1 pr@4dduc's -