Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1848-09-20

io2. The Cherokee Nation rs. Gr,rs;o
. Peters. ~. United States rs. Cratic,
ii Peters. 537.
hnt refer 10 the express words Of ia
> constitution. as ample and effective in con
ierrins all the power that is claimed
congress may dispose of and make al
neeaiui rules and regulations" &c.
congress may dispose Of this land, then
= IL may sell ii. lnseparable from the right
70 sell IS the ri Ai 10 define the terns O,
: sale The seHermay a'iix such conditions
limitations as he pleases To the thing so d
IT tins be not 50. then the buyer NAV die.
tate his terms 10 the seller. Answer these
simple questions: Does the United States
own land in fee simple! Is the Govern
ment Of the United States under guard.
anship. or disabled by minority! Is il
comps mentis! Ii none of these dish.
biiliies apply to it. then it may sell; il NAV
sell the tee-s.mpe, or it NAV carve out
any lesser estate. and sell that Il NAV
incorporate such terms and conditions as
! 1t Pleases into its deed or patent OF sale.
IL may make an outright quit-claim, or il
may reserve the minerals for its own use.
or the navigable streams for public high.
ways. as it has done in the territory north.
west of the river Ohio. Ii may insert the
conditions & limitations in each deed or ma.
tent; or, where the grantees are numerous.
1t may make general "rules 4 regulations"
which are understood to be pert ofeach
contract. and are therefore binding upon
each purchaser. No man is compelled to
buy. but if any one does buy. he buys SUBJ
Jectto the 'rules and regulations" express.
ed in the grants; and neither he, nor his
grantees, nor his or their heirs after them.
can complain. | want. therefore, no bet.
ter foundation for legislaiing over the Ter
rltories than the fact of ow nership in the u.
States. Grant this and all is granted
II own farm, or shop, may. as own.
er, prescribe the conditions of its transfer
10 another. If he does not like my con.
dItions. then let him abandon the negotia.
ton; If he accedcs 10 the conditions then
let him abide by them. and hold his peace.
SIR, IN the State to which | belong we
hold temperance to be great blessing, as
well as great virtue; and intempcrance
TO be great curse, as well as a great sin.
! know OF Incorporated companies there.
who have purchased large tracts of land
Tor manufacturing purposes. They we'll
know how essential is the sobcrity ofwork-
men TO the proGtableness Of their work;
they know, too. how wasteiul and desfruc.
tive is inebriety. In disposing Of their
land. therefore, to the men whom they
would gather about them and employ,
they incorporate the provision as a funda-
mental article in the deed Of grant, that
ardent spirits shall never be sold upon the
premises; and thus they shut up, at once.
one OF the most densely-thronged gate
ways OF hell. Have they not right to do
SO. from mere fact of ownership! Would
any Judge or lawyer doubt the validity of
such condition; or would any. sensible
nan ever doubt its wisdom or humanity?
'ecuniarily and morally, this comes un-
Ter the head of ''nccdful rules and regu-
atoms" IL tpplers do not like them, let
hem staggcr away. and seek their RESI-
lcnce elsewhere.
But the United States is not merely a
it is sovereignty. As such,
exercises all constitutional jurisdiction
'ver all its Territories. Whence, but
rom this right of sovereignty, does the
government obtain its power OF saying
hat no man shall purchase land Of the
latves, or aborgines; and that, you wisI,
0 buy land in the Territories, you shall
ome to the Government for il! Is there
my express power in the Constitution
ushorizing Congress 10 say to all the citi-
, buy ungrantcd land in the Territories
GU must come to us, for no one else can
ell, or shall scll!' This right, sustained
y all cur legislation and adindica atoms.
overs the whole ground. Lessee of
ohnson ct al rs. Nc Intosh, 8 Whcatom.
43; Cond. Re. 5l5
But, leaving the Constitution, it is de.
led that there are precedenis. The hon.
rable gentleman from Virginia [Mr. BAY.
Y has not only contested the power If
ongress to legls!ate on the subject Of sla.
Try in the Territories, but he has denied
e existence Of precedents to sustain thi.
over. Sir. it would have been an asser-
On far less bold, to deny the existence Of
'ecedents for the election Of Prcsiden,
the United States: for the instance. ~
@ latter have been far less frequent than
the former. Congress has legislated
! the subject Of slavery ia the Territories
the way up. from the adoption of the
institution TO the present time; and fhi.
gislation has been sustained by the Judi
AIRY of both the General and Stasa
overnments, and carried into execution
the Executive power of both. See
enard rs. Aspasia, s Peters, sos; Pie.
ct al. rs. Jay. Dresses Re-, 2lO: Hobo
tie Zancsriiie Canal Co., S Ohio RI
o; 1Iartin's Louisiana Re-, N. s.. 699:
,ooner rs. he ConaelI, 1 McLean's Re.
1; Harrey rs. Deerer, Walkers Ms.
'sippi Re-. SO; Rachael IS. Walker. e
tssouri Re-, $780,.
So far as the uniform practice Of sixty
ars can settle doubtful, or confirm an
United right. this power Of legislating
er the Territories has been taken from
. region of doubt, and established upon
, basis Of acknowledged authority. In
,islaiing for all that IL now Ohio. Ind.
a. Illinois, Wisconsin. Michigan. Iowa.
ssouri. Arkansas. Mississippi, Louisi-
a. and Florida. we have legislased o.
subject Of slavery in the Territories-
ty years Of Legislation on one side, and
denial of the right on the other. ~
But the gentleman from Virgins CNr.
YLY saYs. that the action of Conne.e.