The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-05-18

ready existed, and the convention willing TO leave it
10 Inc people OF the territory themselves TO make such
alterations as might become necessary. am very much
inclined to the opinion that the only legitimate authority
which the territorial governments possesses over the peo
Pe-l speak OF the people at large aud not the officers OF
the territorial goVernmentsls derived, not from the
ton OF Congress, but the acquiescence by the people of
the territories Them We have performed the part OF an
other Locke and proposed constitutions in which the
people OF the territories have acquesced but they have
derived Their SANCTION rather from the last proceeding
power OF legislation is very different thing
This is no iancul distinction 1t is which is very
clear TO my mind, and was familiar to the trainers OF
constitution.
A constitution is that by which the powers of govern
ment are prescribed and limited; law, by which the
conduct OF individuals IS regulated and controlled A
constitution Is rule OF action to the officers and the diff
terent departments OF the governments a law, the rule
OF action 10 the community at large. No matter from
what source constitution proceeds, all those who take
and hold office under IT, bound by long they
do so. 1t is Their commission By accepting Office under
II, they have consented to be bound by its provisions
And not only may public officers become bound in taking
office under IT by constitution which has been proposed
to them by others. but whole community may
il by complying with its forms. But very different is the
condition of the people at large with respect to laws
know OF no way by which a community assent to a
law, except in its recognition enactment by egsla
tive body composed of their representatives cons
tuition is the form of action legislation is action itself
The one is the means the other the result
This distinction familiar in our history Our fore
fathers never objected to the British King granting to the
they never were regarded as acts of legislation, which
could only be Instituted by Parliament They were
srctions on the government voluntarily imposed by the
government ITSELF for the benefit OF the colonies But
they always denied the right Of the mother country
legisae in reference to the domestic affairs of the colo
MES These charters little else than constitutions
in our familiar political of the terTn and in many
instances acquiesced in by the people long after the
British authority was expelled indeed in one case
until within h very late period In Others they were
pendence either at the instance OF the colonies them
selves, or in obedience to the recommendation of the
Continental Congress; but generally by conventions
having direct authority to do And consequence
at one time, the validity OF those constitutions very
much questioned This particularly the in Viz
gnia The convention that framed her late constitution
convened without any sanction of law and it not
deputed by the people with express reference to the for.
nation OF a constitution The result was, that its
thorty was questioned. But it maintained 'that
the people had received il constitution The ma
gisrates and officers, down TO constable, had been
appointed under it. The people had felt its operation and
| validity to constitution" These views prevailed and
the constitution thus indirectly receiving the sanction
of the people, endured for more than half a century
and even after such lapse OF time many OF people
were unwilling to change it Tor any other In my view
of the case, the territorial governments which we have
established have derived their sanction from the same
source.
| recur to the. question just now asked: In what
clause OF the constitution do you find the power OF Con-
gress to egsate for the territories relative to their do
mestiG affairs
The clause from which the power in Congress to legis-
late for the territories is most usually derived, by those
who contend for it, the I'd clause of the Sd section of
the 4th article, which is in these words:
1.-The Congress shall have power toldspose Of and make
81 pssS dHs ss Sas s territory o.
Now, it perfectly evident, from the language itself,
The ' term .ter,oTy Is here used in very Common
sense, Synonymous with land and It is concerning
this, when belongs to the United States about which
Congress may make all needul rules and regulations
And it may, without doubt, under the authority given,
pass such laws concerning the public lands situate in the
territories as to 1t may seem neediu But surely this
clause confers no power upon Congress to make rules
and regulations concerning persons in the territories or
their private property 1t is only concerning the terri
tory or other property belonging to the United States
When the convention which framed the constitution
designed to confer powers OF legislation, it used appo
pirate language to convey its meaning and language
very different from that OF the clause under consideration
And here permit to remark before refer to the clause
in which this DONE that the constitution is as remarka
bic for its literary execution, as for the great political
wisdom embodied in it. There are no useless phrases
there is no tautology; there is no looseness OF ex
preston. The precise term appropriate to convey the
idea designed to be conveyed, IS always used Those
who have studied the debates of the convention,
have been struck with the care and minuteness with
which the exact meaning OF every word and term was
criticised. There is no instance where, when different
phaseoogy used it is not designed TO convey different
meanings When the convention designed TO confer upon
Congress the power OF legislation, they did not use am
bguOus and doubtful expressions, but such pre-
csely appropriate to express the idea This Is done IN
the seson which the authority is conferred upon Con-
''tO exclusive egSauOn IN all cases what
ever such district (not exceeding ten miles square)
may by cesson OF particular States, and the accept
ance OF Congress- become the seat of government of the
United States and to exercise like authority over all
places purchased by the consent OF the Legislature of the
State in which the shall be- for the erection OF forts,
magazines asenas, dock yards and other needfu build
ings" Here words used appropriate to confer the
power of legislation; and you not permitted TO sup
pose that the convention designed to confer the same
power another clause, when they use different Ian
guage not all appropriate. Indeed, in this clause, the
power of legislation distinct places is conferred
and if there any other which 1t was designed to
be conferred, here the proper place to have done
and doubtless the place where it would have been done
For the convention evinced very natural, pur-
pose of grouping all similar powers together
But, far from this being the case, the clause under
containing an enumeration of the powers of Congress,
but in the one containing restrictions upon the States
The constitution very remarkable for its order and
rangemen attention 10 which, constituting its different
provisions, exceedingly important The preamble de-
cares that are the ends 10 be attained by it,
The Is article refers to the legislative department lis
first section provides that call legislative powers herein
which shall consist of Senate and House OF Representa-
tives."
The next seven sections prescribe the mode of cleo
ton the qualification of members and the form of pro-
ceeding in the two Houses The Sth section defines the
powers of Congress 1t "The Congress shall
have power" and then follows enumeration of the
distinct and substantive powers of Congress, among
which is the power of legislang for several different
places but the territories not OF the number The
9th contains the absolute prohibitions upon Congress
and the 10TH the absolute prohibitions upon the States
The I'd article relates TO the Executive. Ii prescrbes
the mode of election, the qualification and the duties Of
the President