Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-06-24

country where il did not own single foot Of the soil Had
authority oser--dd not California although
il might be that some Of the land was already appropriated
Did not, in fact, the District Of Columbia Had
not Congress power here TO certain extent Was il not
property, territory Gentlemen needed not be in
formed that nation might territory when the soil was
all appropriated when the land was all disposed Of to nd
vduas The territories had acquired from Mexico even
though there foot unappropraled and
suppose now after the treaty had been duly ratified and pub
shed the world, Mexico should invade that very territory
California, and suppose every foot Of it was appropriated,
would there not be hue and cry that Mexico had In
vaded territory, that bound defend
SOIL and maintain own honor and dignity The
word property when applied toindvduas and to nations,
must Of vary somewhat in Specification In individuals
the right OF property In the soil was simply the feesmpe OF
the soil but the property of nation in country differ
II not only implied the right Of domain, but OF
regnyhe right to govern, the right OF supreme command
lie might refer this point TO variety Of Authorities Vat
tel clear and explicit the subjects he spoke OF uris-
dcton country, and in the spoke OF that
jurisdiction of the sovereignty being the property Of that
nation Judge Story Also in remakng upon this clause OF
the constitution said expressly that Congress- the General
Government had the power 10 and control the terri
tories of the United States. AS the General Government,
said he, may acquire territory, il follows necessary
sequence that it has the right il and he therefore
added In relation to this subject that Congress have the
power TO this territory under the clause OF the constI
tuition authorizing them make all needul rules and regu
ations y and he also declared that individual has
called in question the right Of Congress to regulate to set
Territorial Governments In these Ierritones.
We had also the judicial decisions OF the country, and al
though seemed that the judicial decisions weighed nothing
in the estimation Of his friend from Indiana, he believed with
the better part of this House, intellectually considered, the
Judicial decisions would weigh something He believed the
Of Chief Justice Marshall and other distinguished
ursts who had been the Supreme Bench of the United
States, would give little authority than the resolutions
Of Democratic convention held in Indiana any where else
He had time to refer only 10 two Of the numerous ju
dicia decisions sustaining this position. td
the Exchange McFaddOn ct
Judge Marshall decided that the jurisdiction Of nation with
in its territories necessarily exclusive and absolute
She might into and limit her sovereignty
but where not thus limited by her it alb
solute.
In the of the American Insurance Company u.s. Can
ter, the Supreme Court had declared that until Florida be-
State she continued Territory of the United States
by the clause of the constitution which empowered
Congress to make all needul rules and regulations.
Here, them had the highest Judicial authority, and the
nature OF the case well the writers upon constitutional
law, confirming the position he had taken and if gentleman
would look the usage of this Government in its legislative
department. they would find that in strict accordance
with all these authorities.
Gentlemen were all familiar with the ordinance of 1887
that ordinance established prior the adoption Of the
suon II contained entire code Of laws covering the
whole territory which then possessed and among other
things had express provision excluding slavery or nvo
untay serude from that entire territory and the deeds of
cesson by which this territory conveyed transferred TO the
United States not only the right OF SOIL but the jurisdiction
their very language giving the United absolute urisd
ton the territory, and in virtue Of that jurisdiction the
dnance of 1857 established When the constitution of
the United States framed, contained clause referring
expressly to the ordinance of 1887 and declaring that all
debts contracted and entered into before the adp
ton Of this constitution shall be valid against the United
States under this constitution under the confederation
Now, here recognition Of the ordinance of 1887 by the
constitution ITSELF and legally binding though it
incorporated into that instrument.
But this not ALL In 1889, at the very first session of
the first Congress- composed in great degree Of the very
men who framed the constitution OF the United States, who
in the conventions which ratified it, the first Congress at
its first passed law to alter and modify of the
minor details Of the ordinances and declared in the preamble
the act that done that the ordinance might continue
to have full force and effect Here then, express
cognton by the first Congress themselves declaring the ord
nance to be of perpetual obligation
One year afterwards Tin l790) North Carolina ceded por
ton of her land to the United States and, in her deed of
ceson gave Congress full power and authority full control
and jurisdiction that entire territory saving only that
rule regulation should be made by Congress which would
tend emancipate the slaves Now here Che said)
another full express admission that the subject of slavery
tuay came within the authority of Congress- and that, with
out that limitation, Congress would have full absolute urs
diction over it.
Again the law of 793 relative fugitive slaves, extend
ed the Territories Of the United States well
the States This again showed that the Congress of that
supposed they had the right of sovereignty the Terrific
much in the States and, in 1885, when the Mis-
ssppI Territory established, the ordinance Of 1857
applied that Territory and except that section which
related to slavery. When that Territory established in
1900, this ordinance Of 1887 rearmed by Congress
In 1904, when the territory of Louisiana divided Con-
gress reserved to seas n fact had in number Of other
nstanceshe right of approving annung the acts passed
by the Territorial Government, which absolute deca
ration Of the power Of the United States the subject
and they also made the Of March %, 1884, and Of Feb
ruary, ls03 in relation the slave trade applicable Lou
sana.
In this category he might also mention the Missouri
promise He needed quote the provisions Of that
promise in the presence Of this House il well known
and understood here provided that slavery should be for
excluded north of the line Of go 3V excluded slavery
absolutely from the territory acquired of France north of that
geographical line Now he cared where that line
drawn, far the power Of Congress concerned i'll
Congress had the constitutional power exclude slavery north
that line had the power south Of that line and
very mention Of that line in connection showed the power
Of Congress the whole subject be absolute and supreme
The law creating the Florida Territory reserved Congress
the right Of annulng any laws made by the the territorial
government and in the joint resolutions for the
alton Of Texas, Of comparatively date, all their good
friends from the North who had been ardent in favor
the annexation Of Texas in order o enlarge the Of
freedom had given the force Of their the doctrine
that Congress had the controlling power the subject Of
slavery in all the Territories acquired. He commended this
fact to those who denied the power Of Congress he said
these joint resolutions for the annexation OF Texas applied the
Missouri compromise line and provided that slavery and nvo
luntay serviude except for crime should be excluded from
the States 10 be formed north of that line But although
had the acts Of gentlemen thus corresponding with the uni
form action Of the Government in former days. they seemed
to have acquired light and 10 have made the
discovery all that although Government had the