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


the laws Of nations Our constitution and the powers confer
ed by il have nothing whatever do with these laws Ours
form OF government established by the United states OF
America and when desire the of its powers
we do not look the laws OF nations any other CODE
We to the instrument and nothing else learn we'll
the powers coaed the Federal branch Of the Government
as those retained by and those prohibited to the States
In passing laws for the people Of the territories, Congress
must act either in pursuance of the constitution ndepend
emily Of that instrument If the former they extend no
other laws these people than such in force IN the
several States II the latter then their power uncomfortable
both to the form Of they may establish and the
character of the laws they may In the language OF the
pamphlet before referred to, they may establish military
rule may adopt agency, modelled into the fashion OF
civil government.
Some Of the territories owned by the States ceded be-
fore and others after the adoption of the constitution Now,
can be possible that deed of land or territory by
State confer upon Congress these extraordinary powers
face of the constitution, and thus essentially change the
whole character of the Government
There is no constitutional obligation 10 admit new States
into the Union OH an equal footing with the original States,
nor have these States any power to force themselves into
the Union II rests therefore, with the Federal Government
whether this state OF territorial bondage snail continue LOT an
indefinite period of time.
Let us suppose that all the States wee with their pre-
sent boundaries in this territorial subornaon the Gov
of the United States Then there would be present,
ed the world the picture OF twenty millions of people, all
citizens of the same country-one-haf OF whom
would be resting securely under the protection Of the consu
ton, established with consummate wisdom :" to secure the
blessings
adopt for themselves while the other half would have
curty for their rights and liberties but the resess will of
this many headed but kind, paerna and ressess despot
The whole region of the East and South would exhibit
thirteen sovereign independent States the masters of the
Government while the extensive and popuous
gon of the West would display the largest consolidated Gov
eminent in the wod-subject authority omnpoent
and uncomfortable that possessed by the Autocrat OF all the
Russias
What manner of Government, sir, is this Your Capitol
should be decorated with painting embematc its true cha
racer II should have but head and two ace one look
ing to the with the beautiful and bengnant features the
Goddess of Liberty and the other to the west with the lower
ing frown of stern and memorable Despot.
1t impossible that system involve so startling an
absurdity
Il NAV be said and will be sad that the people the Ter
rtores have always enjoyed all the rights liberties and i'm
munies which have been secured by the constitution TO
the people of the States This may be admitted and to
great extent is But the difference between them Is
that these liberties and mmunies claimed by as
right and by the other Of favor and indulgence
desposm does consist the actual oppression OF the
people, but in the power TO Cypress them can extend to
my slave all the liberty enjoy myself but while have the
power to take it from him he is still my slave.
But, dropping for the constitutional argument is
expedent for Congress interfere with the government Of
the people of territory, and why is it expeden Who
the people that have settled upon and occupied the public
domain Hitherto they have emerged from the bosom OF
the States of the Unon and have been composed OF farmers
mechanics merchants traders, lawyers DOCTORS preachers
Judges legislators statesmen and all the variety OF character
institutions and deeply imbued with the principles of civil,
POLITICAL and religious liberty, which they ncucate Suppose
fifty hundred thousand onnd within the limits OF one
of the territories think you SIR they would not have the
pacty organize government for themselves, and to pass
the laws necessary for the protection of all their rights
This has been the practice of Congress They have, be-
eve in every Territory by special favor and Indulgence
authorized the people hold Legislative assemblies and TO
pass such laws they deemed necessary
The of the argument in favor OF the right OF Congress
egsate for the people of the territories lies in supposing
that they colonies provinces such existed here pre-
vious to of independence And cannot but think
that blind and serve imitation Of the colonial system OF Great
Britain be found in the territorial colonial system estab
hed by Congres-the system which overturned the
authority of the parent country and established the ndepend
Of these States true that the wrongs and oppes
sions inflicted by Great Britain these colonies proclaim
ed such erd eoquence in the declaration Of independence
have been attempted in colonies But is equally
that the powers claimed for Congress would authorize
every Of oppression which drove America resistance
This doctrine that Congress have supreme sovereign power
and exclusive jurisdiction the people Of the territories OF
the United States is false in ITSELF false to the charter
of liberties false the whole scheme Of government
and the spirit Of all institutions When people
have gone the territories public lands Of the United States
and have purchased those lands occupied them by permits
sion Of the Government in sufficient numbers to form re-
spectacle community and when this community have orga-
zed themselves into government for their safety
and protection when they have appointed governor judges
legislative assembly, and in every respect have formed per-
feet government the model Of those established by the
States they not dependant colonies Provinces Dut
they sepeate and Independent States Of this glorious con-
federacy. They States Of the Union to all nents and
purposes with the solitary exception that they have right
10 send Senators and Representatives the National Lega
ture. The constitution nowhere speaks of the people Of
territory, the government of territory, but speaks OF the
States and the people of the States II formed not by
States and Territories for the government Of States and Ter
rtorie but established by the people of the United
States to form perfect Unon establish justice ensure
domestic tranquility provide for the defence, promote
the general welfare and the blessings Of liberty TO
selves and posteriy As the constitution formed by
the States and for the benefit ofthe States the territories must
in for share Of its blessings States they cannot
claim them at all.
shall show now s that the legislation Of Congress and
the decisions of the Supreme Court Of the United States have
always regarded the territories States and members Of the
confederacy.
The first section Of the fourth article of the constitution
provides that "f faith and credit shall be given In each
State TO the public acts records and judicial proceedings OF
every other State, and the Congress may general os
prescribe the in which such acts records and judicial
proceedings shall be proved and the effect thereof Now
this provision for the States exclusively Each State shall
give full faith and credit to the acts records and judicial
proceedings Of every other State"
On the Goth May, 1890, and the 9th March, 1904, in
pursuance Of this pUe constitutional provision, Congress
passed laws prescribing the in which these acts
Cords and Judicial proceedings shall be proved In these acts
the records and judicial proceedings Of the Territories in
cluded, and they placed the footing with the
cords, &c. Of the States.
But LET what the Supreme Court the United States
If third article Of