The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-07-17

political power over persons upon such properly either
within or without the respective States, And II does
IN the one, must in the other for these words are
equally applicable TO the territory and other property Of
the United States wherever sitoaled, But there are
some nys 9. SIX % in the constitution whence
irving II from one clause and from anoheF while
each is more fortunate in showing where il does not
cal power like this by legislature deriving lis exssnce
from written instrument, ought not TO depend on such
loose constructions Nothing shows the well grounded
taniy in which we are involved the endeayor 10 msin
tain i by express constitutional grant, And no won
der that now, when peculiar circumstances bring this
question forcbly than ever before the country the
true foundation Of the power should be severely inyes
gated. @ss8
Those who maintain the right Of Congress- to pass the
body establish governments, and 10 provide for the
necessities of Legislation over the public territory which
one thing but also the power TO direct all the internal
will of the people to be affected by it, which is another
and quite different thing shall not enter into any sub
ets touching the condition OF sovereignty Or the rights
IL brings with It, That subject was good deal debated
at the last session Of Congress; but had been already
exhausted in the discussions previously TO revou
tonary STRUGGLE We are sovereign, said the British
government 10 the colonies, and may egsate you
as we please You sovereign, said fathers, aud
may establish governmental but you have right 70 in.
e s
sence Of despotsm This dispute divided one empire.
Let take care that similar assumption Of power does
Have Congress any power lsgislats over the terrific
ries! said In my letter to Mr. Nicholson ssHow far an
existing necessity may have operated in producing this
cation powers not directly GWEN know not But Ger.
tain is that the principle onterfeence should not be
carried beyond the necessary implication which pro-
duces It." ~
The ground OF necessity is that upon which Mr. Mad
son placed the action OF the old confederation in passing
the ordinance Of list and il do not misunderstand the
late Mr. Justice Story, he entertained similar views when
he said that acquired territory mst be under the domin
ion and jurisdiction OF the Union, or would be without
any government all" II 10 avoid this latter coDse
defended that power should Be limited BY the necessity
of the occasion which calls it forth. To preserve the
peace of socieand to this ground Of support we must
conduct the legislation Of the Territories than that they
should conduct the legislation OF Virginia or Of Massa
chusetts 4 s enough that they should organize govern.
ments, and then the necessity for their interference
ceases Aud the result proves this for the local govern
ments do manage the internal Of the Territories
rs Toaa and Congress pass
beyond the power to organize governments, they may
rule territory at their pleasure. and PROSTATE every bar
rer OF freedom IT. as have heretofore said, they
regulate the relation OF master and servant, what but
their own will is 10 prevent them from regulating the
other relations OF lfehe relation Of husband and wife.
and Of parent and child; and indeed, all the objects
which belong to the social state There is no man
who Can show the slightest necessity for this inter-
ference on the part Of the general government. and
there is consequently who can show that II has
any right to interfere on the ground Of s necessary
action The people OF the Territories fully competent
to conduct their affairs; and the very first principle
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