Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1848-07-26
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, and the appointment of direct taxes; al
the only one that is pu, under the EXPIRE g
guarantee Of the constitution. 1t is wt
known TO all conversant with the hisIoI
of the formation and adoption Of the cor
sriuIion. Thar the South was very ealou
IN reference TO this property; that it cor
sritured one Of The difficulties. both to il.
formation and adnp:ion. aud thai il woul
have assenieG 10 either, had The cnnven
ton refused 10 allow 10 it its due weight il
the government. or TO place il under Ihl
guarantee of the constitution. Nor can
be found in the way that tho terrilorie.
have been acquired. will 90 into par
ticulars in this respect at This Stage of the
discussion. Suffice it to say. the whole
was acquired. either by purchase our of
The common funds of all The States. The
South as well as the North, or by arms
AMI mutual sacrifice of men and npuey,
which instead of giving any cnuntenance
in favor Of The power claimed by the
NorIb, on every principle Of right and JUS
lice, furnishes strong additional prcsupp-
ton against it.
But. If it cannot he found in either, ifil
exists at all, the power must be louked for
IN in the constitutional compact which
binds these States can il be found there? -
Dnes that instrument cuntaiu any pr0vis-
ion watch gives the North the nOwsr TO
exclude the South from free admission
inro line territories of The u ed States
with its peculiar property, AMI TO monop.
oliZe them for its own exclusive use! IL
il in fact contain such power. expressed
or implied, it must be found in a specific
grant. or be inferred by irresistible de-
dnciion, from snme clear and acknowledge
| cd power. Nothing short fn the one or
The other can overcome iha strong pre-
sumption against it.
That there is M such specific grant may
be inferred beyond doubt, from the fact
that no one has ever attempted to desiS
nate it, Inslead Df thai il has been AS
suned-laken for granted without a par
licle of prnof-tIla, Congress has the alb
snlute right 10 govern the territories. Now
[ cnncede, if it does in really possess such
power. il may exclude from the terrific;
ries who or what they please, and admit
into them who or what they please, and
Of course may exercise the power claimed
by The Norhto exclude The Sou,si from
them. ButI again repeat, where .issthis.,
shsa!Ms ~ RfE l5 "a pbs fapnlan
eli. lftHeu, ii exists al all, ]: ::
lerred Jm some, such poser.sll TASK
.wh, &c is that losbefnuul?
The Senator; from New York behind
me. Mr.. Dix points to the clause IN The
cousll,uIiun. which provides that Con
gress shall have power TO dispose of and
make all needful rules aud regulations re-
spec,ing the territory belougnging 10 the
United States" Now undertake 10 a!.
firm and maintain beyond the possibility
of doubt that 50 far from comforting abso
lu.e power to govern the territories it con
iers no government power Whatever; no,
not particle II refers exclusively 10 ter
filory regarded simply as puhi;c lands
Every word relates to il in that charac-
ter, and is wholly inapplicahle 10 il con
sidered in any other character but as pro
perty. Take the expression " dispose
oG," with which it begins. l, is easil,
understood what it means when appliec
to lands; land is the proper. and nalu
raj EXPRESSION regarding The territory it
that character. when the object is I
coufer to sell or make other disposition
it. But who ever heard The expressio
applied to government! And what posi-
bIe meaning can il have when so applied
Take the next expression, Ito make a
! necdful rules and regulations" These re
sardcd separately, might indeed be appI
cable to government in a loose sense; b.
they are never so applied III tho consIlt;
lion. In every case where they are u.s.
in it, they refer To property, to things,
some process, such as the rules of cou
or Of Tie House of Congress for the g
ernmeu, Of their proceedings. bot never
government. which always implies persd
| TO be governed. Bur if their should
any doubl ia this case, the words i'm NO
aielv following, which restricts them
making ~, les and regulations respccr
The territory aud OTHER property OF the
States" must etIec'uaIly expel ii. III :.
restrict their meaning beyond the po
hi!i,v ola doubt TO territory res sarded
property.
But if il were possible for doubt still
exist, anolher aud conclusive argum
sill remains. 10 show that the trainers
the constitution did NOT intend TO col
by this clause governmental powers. |
fer TO the clause in the constitution W
delegate the power of exclusive leg
ton to Congress over this district. and
places purchased by the consent of tn
gislalure of the States in which The s-..--
may be. for the erection of fortes. masa-
zines, arsenals. dock yards and other need
full buildings" The places therein refer
red TO are clearly embraced by The express
sim, ''olher property belonging 10 The U.
States,' contained in the clause ] have
iusr considered. But il is certain. that if
il had been the Intention Of the trainers of
The constitution to confer governmental
powers over such places by that clause,
they never would have delegated it by
this. They were incapable of doing a
thing so absurd. But it is equally GER
tam il they did NOT intend 10 confer
such a power over them, they could
m, b,,, ;n,o,daI ir ouar Territories -