The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-26


before we have reported TO bill exercise ju
nsdlcuon IN China which, certain extent has beef
10 US oy the Emperor tproposes exe'cse this urs
uicuon without regard TO limitations imposed by the const
luton at home, but as Chinese jurisdiction acquired from
nem and administered with regard the social prnci
pies OF that empire This implication of power large
liberal yet may not be Objectionable, subtraets
hng from the reserved rights of the States their people
But none would contend that could make treaty which
would enable us TO pass an post fao law, TO medd,
with the constitutions and powers of the States at home
Mr. President have been thus particular entering upor
TINS canon OF construction relation implied powers be
cause the consideration of these distinctions indispensable
upon mun that is to These considerations bear de-
cidcdiy upon the matter in hand because think they
the objections of those who deny that right The
territories can be implied by Congress ALL SO far from
this being in which Congress claim power by
Implication, it one in which Congress may derive more
largely from this than if question between
the federal and State governments BECAUSE under the
stltuon is power which the latter cannot exercise
all.
But If the power does not in the Congress of thu
United States In whom does it resdei Such power
exist AT the Tune when the constitution formed, tn,
conederacy possessed territory There obvious
necessity that should be governed But we are told tina
exists in the people of the Territory Does the
tIon say anything Of the grant Of such power IL no
an implied power' And how do they imply it Their,
are but two possible modes which the people of the
tories could derive either from the general right of mar
to self government the right of separate and distinct society
or by Implication from the constitution of the United States
Can they derive from the former distinct and separate
society," If they can, Congress has right extend
them its revenue laws, exercise in relation them any
OF the functions of government until this selfexistng, self
governing society shall have and by its volun-
tary act made itself part of this confederacy But
who will look to the consequences of this doctrine
ously maintain for moment. would state, with great
difference, that gentlemen have been mised by tanced
analogy between the territorial and State governmentsan
idea that it harmonious and with
the scheme of confedecy that Congress should
else power the territories than exercised
the Staes and that the residue the people of the
territory derived from this natural right OF man to segov-
eminent the right to exercise all the other functions of gov
eminent This is a mere gratuous assumption might
demand the proof and the for any such assertion
but shall cndcavor to do more than that think that
can demonstrate that it unconstitutional assumption
Ii be remarked that there class of
posed In the constitution upon the State governments
cessary for the whole scheme of American society," which
apply terms to the States and to the territories. No
State shall lay duties without the consent of Congress
But there such restriction with regard territories
The citizens of each State are secured IN the enjoyment OF
the privileges and mmunes of citizens of the United States
There is no such provision relation to the
There whole class of restrictions and prohibitions which
need not enumerae, applied in the constitution to the
States but not the territories and yet it assumed
that this right of government existed in the territories is
obvious that these restrictions would have been extend
ed to hem If this power of government exists IN the terri
tories, there is constitutional obligation upon them to
deliver up fugitive from justice labor Nor do the guar
in relation to republican or domestic i'm
surecton extend to them, although the latter most ndis
pensable for sparse and weak people Their power is
that that of the States and they would thus be
deraDge the whole system of American organization But
this is not ALL When TO recognise the remarkable
fact that of these restrictions apply territories fol-
lows that must by necessary and inevitable implication
epose the power in the Congress of the United States We
repose them because they the agents of the Sates
and because under the letter and spirit of the constitution
they are governed by all of these limitations which
for the government of the Territories
as of the States and which would effect the ends
the Territories effected in the States In that point
view unnecessary introduce these express pro
hbtions because they already existed constitutional
limitations upon the power of Congress to govern them
They imposed State governments because they
separate and independent but there necessity
for introducing them in relation to territorial governments
dependent upon Congress.
But is this the only point Of view in which the necessity
of the implication that all power govern these territories
in Congress- is rendered apparen 1t must be reco
Iected that the States cannot acquire erritoyha the ter
rtory thus acquired is the joint property of all the States
and therefore, by necessary implications the power of gov
enng this property, which is be used only for the
purpose of dsposing of the soil, but for the formation
new States should be reposed that agency which fol
the States jointly But this power govern the territories
exists in Congress--as maintain 1t does-the question
presents itself, under what limitations that power Is tC
be exercised Is apower unlimited and absolue Car
there be any power IN Congress- express or implied which
is absolute and unlmited Must not each provision of thu
instrument be construed in connection with every other
Mus, not here apply that rule of construction which
makes the whole instrument aud harmonious
giving effect each and every parti and if happy there
should be inevitable conflict between the grant of any
power and the residue is not obvious that the lesser in
give way the greater and the particular provi
be ruled by the general spirit of the whole instrument
But in relation to the exercise of any power, whether
granted implied, there gentleman this chambe
who would think undertake to deny that the exercise
Of it, Congress shall do of the things actually proh
oed 1t cannot pass post tacto a,c cannot establish
religion, create orders of nobility and will be con-
coded by all that cannot under pretence of exercising
an acknowledged power do anything which is expressly
forbidden to be done.
| But go further There is another limitation which is
equally dcmonstrabe and that limitation derived from
spirit of the instrument positive and absolute the
limitation in those prohbtory clauses to which have jus
referred 1t provided that Congress shall guaranty
publican form of government to the States There is nc
such provision relation to the territories, and yet 1t
obvious that Congress governed by the spirit of the
strument relation to this matter and that there Ia
stltuuonai obligation resting upon to guaranty republic
form of government the Territories well MS to the
States? 1t expressly provide that the citizens
the States shall enjoy equal privileges and mmonitss IN
the Territories and yet does feel and know
that there constitutional obligation upon Congress to
that to them! To suppose otherwise would be c
suppose that they had the power by of territorial
ernment defeat the whole end and intention of the Dsru
There another and still important provision
| securing the equality of the States. Call upon any mar
who understands the theory of government and who
has any experience its workings and ask him
the grand cause OF American and development
and he will tell you that il TO be found the equality
the citizens and of the States 1t thus that the door
competition opened to all. Every has cqua
chance the struggle for wealth. honor and the rewards
society and each State has equal right participate the
benefits of the federal government We make success the
ward of merit and merit consists IN the OF those
qualities necessary under system of free and universe
competition order to attain success We thus Afford he
possible stimulus individual and State organlza
lions for the cultivation Of those qualities necessary TO the
progress of the people thus secure the harmony
Of the confedeacy by the very means which roster hs
and generous spirit of emulation amongst individuals ant
States the general and equal composition Tor rewards