Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-04-01

dcon which Congress might exercise over them and the
suit Of their deliberations was that its power should be limited
to the enactment OF such laws concerned the public lands
property This limitation, by every sound rule OF con-
sructon is equivalent prohibition to exercise any other
power.
But there another provision the constitution giving
Congress jurisdiction territory TO be coded by the States
for the of government in the sth section Of the st
article, and provides that
Congress shall have power exercise exclusive ega-
ton, in all whatsoever such district no exceeding
miles square, by cession OF particular States and
the acceptance OF Congress- become the seat OF
the United States and exercise like authority all
places purchased by the consent OF the Legislature OF the
State in which the shall be- tor the erection OF FORTS
magazines arsenals dockyards and other needu buildings
Now here are two provisions Of the constitution similar
subectsone in relation to the territories OF the United States
to the immense tract OF country out OF which sixteen new
States have been formed the other in relation to small
territory of ten miles square for the OF government In
the latter the power of legislation is unlimited as that pos
sessed by the States within their territorial limits in the for
mer the power of legislation is limited to the public lands as
property.
evident that the convention did entertain the opn
ion that cession Of territory would confer Congress the
power exercise exclusive legislation in all whatso
ever over such territory otherwise this entire provision was
useless and nugatoy And is equally certain that the
venton did intend to confer Congress the OF e
gislaion the people of the Territories Of the United
States for if such had been their design they would have
adopted similar provision that in relation to the district for
the seat OF government.
But according to the view of gentlemen, the power
conferred " to dispose Of and make all needu rules and egu
aons respecting the territory and other property belonging to
the United States comprehensive in its terms than
the power TO exercise exclusive legislation all what
soever" in the District of Columbia.
suppose that under this grant of power Congress would
have right to delegate its authority egsae any other
body But under the power dispose OF the territory, Is
conended that Congress has only the right of exclusive
legislation, but they transfer any individual body
OF they may choose to designate. 1t will be observed
that the clause relation to the District of Columbia in the
Of Of tho utip md
relation TO the territories is the third section OF the fourth
article II would have been very appropriate to have embraced
both these subjects in the article and their separation is
be accounted for only by the fact that the convention had
constitutional provision necessary authorize the sale
of the public lands 1t inserted the instance of Mr.
Madison the history of the times shows, who Of opn
ION that Congress would have such authority without It.
This incident of itself demonstrates that the convention, by
the insertion Of this clause contemplated nothing beyond the
regulations necessary for the protection and sale OF this desc
ton of public property.
The proposition against which conending is, that the
power dispose of and make all needful rules and regua
tons respecting the territories and other property Of the Unit
ed States confes unlimited and exclusive legislative authority
upon Congress.
The State Of Alabama was admitted into the Union on
equal footing with the original States in December 1919 At
that period nnetenths of the lands within her limits belonged
to the United States With the exception of few coun-
ties the whole of this State carved of the Creek
ton by the victorious sword of Gen. Jackson.
The admission Of Alabama into the Union took from Con-
Of its powers the public lands. Its authority
to dispose of and make all needu rules in relation to the
territories of the United States in whatever
diminished or impaired
But it be that the power to make these rules and re-
gulaons confes unlimited legislative authority Congress-
wherever the public lands may lie the State of Alabama in all
the laws she has passed for the Of her people, is
acting the agent Of the General Government This would
the admitted principle that Congress the agent and
trustee Of the States.
To place This subject in the strongest possible light let
the nf The
of Columbia and the Territories of the United States into
clause might have been done with great proprey by
the convention. 1t will then read thus
The Congress shall have power exercise exclusive le
gisaton in all whatsoever such district mot
eeedng ten miles square as may by cession oil particular
States and the acceptance Of Congress- become the seat OF
all places purchased by the of the Legislature OF
the State in which the shall be- for the erection OF FORTS
arsena doekards and other useful buildings
And also to dispose Of and make all needul rules and reg
iaons respecting the territory other property belonging to
the United States"
Now, put it to the committee whether it would be
tey absurd and preposrous contend that the last part OF
this clause cones the powers Of exclusive legislation contain
ed in the first.
Having demonstrated think that the power to sell the
public lands conferred by the constitution Congress- gives
authority to egae for the people OF the territories pro-
coed examine another and stronger argument II is
posed, in favor Of this power 1t is based the reatynak
ing power.
The argument is that when nation government cedes
by treaty to another nation or government It's teroy us en-
tire sovereignty transferred by such cession that IN this
country the sovereignty in the States the people OF the
States that State exert this sovereign power over
the coded territory being the common property Of all the
States and therefore Of necessity must be exercised by theF
common agent, the Government Of the United States.
is remarkable feature in system that some OF the
highest attributes Of sovereignty have been utterly annhaed
that they be exered while present form OF
government endures The powers conferred Congress by
the constitution and those retained by the several States when
into exercise from the Of each OF the States
or in other words the Governments compounded, consti-
TUE the Government of each State But still both taken to-
gether do not perfect sovereignty 1t will be
found that in many the entire power Of the States has
been renqushed but still its exercise by the Federal Govern
ment is limited and restrained.
The States had unlimited power to raise and support armies
This has been renqushed but its penay exercise by Con-
gress authorized Their power appropriate money
for the support of armies is limited TO years In like man
the making power absolute and unlimited IN the
States Any of them might have annexed itself to for
egn Government and become subject TO its laws This pow
make treaties prohibited TO the States, but is much
limited and controlled by the constitution any other All
treaties made in subordinaton its provisions and no
treaty which countevas any of them Of any validity what
The States had the right by treaty regulate duties
and imports, but this power conferred Congress and
cannot be touched by treaty.
Many eminent Of the South with singular ability,
have conended and contend that the power OF congress
the subject Of duties which absolute and unlimited
the States, limited to asng to dery the ordl-
nary expenses Of the Government But there cannot be
conspicuous instance this kind than the subject under
consideration The States have conferred Congress par