Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-05-20

was offered
"The Legislature sail have power dispose Of and make
all needfu rules and yguIaons respecting the territory
other property the United States and nothing
this constitution shall be 50 construed as TO prejudice
any claims either ohe United States or Of any particular
State but all such GAINS may be examined into and decided
upon by the Suprens Court"
This proposition Vas negatved and the following PROPOSE
ton was agreed 10
"The Legislature shall have power to dispose Of and make
all needul rules AID regulations respecting the territory
other property ongng the United States aud nothing
in this constitution shall BIO SO construed as to ejadice any
claim either Of tie United States OF any particular State
Now, the question presents ITSELF What that Congress
has the po,oer dispose Of and make and regu
ltions for? snd what is this caim Of the United States,
and of am poaicur State, but 10 the raca lands ADORE
mentioned? IN reading the history OF the formation Of this
clause in the constitution, other reasonable conclusion
be drawn bu that the intention OF the Convention TO
clohe Congress with special powersin relation to
Il is well kn,wn that several of the States claimed portions
the soil in the Western Territory Virginia reserved the
land between the Scioto and Little Miami rivers for her
utionary soldiers and Connecticut reserved tract in the
portion Of Ohio II these claims were not at this
time settled the States still held these claims, which
afterwards ratified The claim of the States did not apply to
the domain but TO the soil alone with the whole clause
Of the latter part Of this section the words - dispose of
o make all needn rules and regulations, and "to provide
against the peudcng the claim Of the States or the United
States all apply to lands as fair construction Of the clause
will warrant and TO Western lands, as the history OF the
proceedings OF the Convention does most individually show
without assuming that could sell and dispose and
transfer the jurisdiction of this Western territory some
foreign Power and that the States had conflicting claim Of
jurisdiction the territory and at the time, and
consequently must have had the power sell, which
could not be- will hereafter show, from the fact that the
Confederation had already provdedsths territory with
for governments and consequently had such territory to
SELL Il does to that the question is clear one
that there express delegated power in the constitution
giving Congress the right of exclusive legislation the
Western territories. 3et f$
Having disposed of the first question: the NEXT is Does the
power Of Congress egsae for the disposition of the soil
necessarily draw after incident the power 10 egisae
i persons who occupy this soil II professionally does
not because oil of Western States have exercised ursdc
ton the country while the fee simple in the United
States without any Inconvenience resulting thereom Con-
gess having the fee Of the soil reserved and consequently the
primary disposition of the sae adopt such regulations
may be deemed necessary without interfering with the rights
OF the inhabitants such territory and the inhabitants Of such
territory make all laws necessary for the welfare OF such
society without interfering with the rights Of the soil.
1t clear ALSO another ground that the Convention did
notintend give general legislation her Territories from
the fact that the United States at that time possessed terri
tory but the Northwest Territory, and that territory, 1t the
time of the adoption of the constitutions by the ordinance
Of 1857 provided with embracing all the
tal principles of liberty.
This ordinance for the government of the Territory north
of the river Ohio adopted by the Confederation,
whose powers take it ample for any kind of egsa-
ton necessary that Territory And had the Confedera
would have remained pofessed to be- unslterable
But the adoption of present constitution virtual
revocation Of the unaerabe provisions of that ordinance for
by the adoption Of the constitution those provisions became
merged in that instrument and what intended spe
cia provision for this Territory by the constitution
tended the whole Union Such, for instance, the be-
ne of the habeas corpus act the right Of trial by jury,
that good faith should be kept with the Indians and also the
provision that mpost should be levied upon property
in its transit through this Territory refer the latter part
of the fourth article of this ordinance, which as follows
The nsvgabe waters leading into the Mississippi and
St lawrence and the carrying places between the same shall
said Territory the citizens the United States
those any other State that may be admitted the Con-
federacy, without tar, impOst, or dizzy tteefar."
The object of this clause not to make comon high
,cags any other purpose but for the free an OF property
through this territory The adoption Of the constitution pro-
vded remedy for this evil by prohibiting the several States
from krying of imposes duties eperfs imports.
"The ceasing, the law ceaed consequently those
streams and the carrying places between the same ceased TO
be common highways.
That prohibitoy provision in the constitution becomes
important the States Of the Confederacy in
ber sorry TO bill introduced in the early part Of
the session. by the gentleman from South Carona which,
adopted would virtually repeal that important part of the
ston which shields and protects the Western States from
the extoron Of the Atlantic States refer the blIsuhor-
zng the several States to collect tonnage duties The adop
ton Of constitution scattered to the winds all Of those
alieratJe provisions Of the ordinance,
The power admit States INTO the confederacy
equal footing with the original STATES, and the guaranty Of
republican form Of government, necessarily implied the power
ia the sovereign people Of any Stale iE the Union, whether
from the northwest of the river Ohio elsewhere to admit
slavery exclude from bodes III Congress has the
right Of exclusive legislation, neither expressly thus incl
denay, is urged that the necessity of the su-
cent for Congress nteerc and extend its fostering
the distant Provinces Necessity has ever been the
plea Of yrants and the argument kings Arbitrary rule has
always been sustained and justified upon the plea Of neces
T II precisely this plea Of necessity, urged by the mo-
ther country that brought about the revolt against the tyranny
Of England IL is always the plea used by the strong To OPP
press the weak Such plea be urged in this coun-
try il has place in political vocabulary Our people,
whether many few, whether in Territories Sates whe
ther inhabing the Pacific coast the Mississippi valley, At
antc slope, equally capable Of segovemment and the
power to amend, enlarge, limit General Government
10 desirable contingency hitherto provided for,
will eectuay relieve from resorting dangerous
mejy the plea Of necessity II Is also urged that the long
and continued exercise Of this legislative power Terrific
RES exercised by Congress- should this late day set the
question at rest II Congress has been exercising uncon-
sttuona perogave is too late its steps
but think fair view Of The will reHeve Congress from
the charge Of usurpng authority.
The government Of the territory northwest Of the Ohio
river provided for by the Confederation previous TO the
adoption Of the constitution. The Mississippi Territory, by
the deed Of ceson from Georgia. was provided with the
government the territory northwest Of the river Ohio, with
the exception Of the slavery clause Louisiana acquired
by treaty from France in 1903, and Florida in 1919 from
SPAIN and by these treaties Of ceson provisions made
for the incorporation Of the inhabitants into the Union
dependent States Of the Confederacy until that
summaied there guaranty the part Of the Uni,, .
States protect the inhabitants Of the ceded territories IN the
free enjoyment of their liberty property and religion.
thus will be that oh these territories which have
acoured since the adopou OF the were provinces