The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-03

Ito acquire territory follows tha il only &C
kqare the territory for national purposes so must gov.
ern Il for the same object and It's powers Tor that
object specifically dehned 50 can II only use such as
the constitution has conferred but the constitution
confers no power OF local legislation except named so
Congess can exercise no power OF the kind but must
govern IL as governs the other portions OF eunlon
that s BY general and national law It has been asserted
that the constitution does moi extend to the Territories;
but must remember that Congress derives all its pow
ers from the organic law; and il that law does not ex-
tend TO the Territories, the body which derives It's unc-
ons from cannot exercise them beyond the boundaries
of It's obligation The allegiance OF the colony Is to the
uorganic law OF the country TO which il belongs; and
ton Of the sovereign, Is simple a6surdty. fbe one
cannot exist with the 0her II the Territory alle
giance TO the constitution, the constitution from necessity
II the power were derived from either Of the sources
named twoud be limited the hand to the calls OF
nscessy and the other BY The provisions Of the con-
self on either. The Supreme Court had held that the
provision Of the constitution in relation to Territories re-
lated them merely lands and he felt the absurdity
OF wringlng out OF Il contradictory meeng Congress
had exercised what appeared to be power and ne was
disposed to sustain its acon but where TO find the au.
.horY was an embarrassing question L seemed that
little had been said in opposition to the right and was
easy to assume that the possession of il was unquesoneA
but the source from which the power was derived was
point but their doctrines sprung from theory OF govern
precisely opposed to ours According 70 the English
law, the King being the fountain OF all political power,
the people in the colonies have rights anli the
crown shall grant them but in country, the govern.
ment has no power but what the people gives II And
the acts OF John in Ireland, or into the prerogayes the
Edwards had in Gascony or Guenne, TO ascertain the
Of the past God ooa aaam IL rs hs, ha
jury Of antqnares." And surely the free citizens OF
our Territories may pray with equal fervor that their
rights shall not be determined by the doctrines OF kingy
rule Chancellor Kent has seen the absurdty. not only
Of the action of Congress- but OF the doctrines Of the Su
preme Court
rne taught by Congress- and even by the Judicial decs-
ions of the Supreme Court the colonsts would be IN
state Of the most complete suoordnaton ana az depend
try would have been upon the King and Parliament OF
Great Brtain if they could have sustained their claim
lutte sovereignty The one hand and Of absolute depend.
ance upon the other is not congenia with the free and
Independent spirit Of native nsttutions and the es
ablishmen OF distant territorial governments ruled ac.
cordng to will and pleasure, would have very natural
tendency all Proconsular governments have had, to
But PERHAPS no better evidence can be given OF the
ter absrdty OF Judge Sorys construction Of that clause
OF the constitution than is given by the Judge himself
He tells us that Notwithstanding the generality OF the
opinion that Congress- has no power to erect corpora
TONS and that the very power was refused we see that
the power incident to that OF regulating the territories
Most men would reason exactly the other way; but
according to the Judge, we have not only the power to
egsate for the Territories, but the general power 70
establish interpretations OF every kind, at the will and
pleasure Of Congress. similar train Of reasoning
might nd in the clause authority enough to enable
to carry on the anS hs o@ hsys
proved that il was an entire constitution Oh i'seIs 30
wild are the conclusions to which we are led by the st
departure from the plain and simple meaning Of our
We'll might Gouverneur Morris say:
"what history Of the constitution avail toward in
the plain import Of the words the general the
instrument. That instrument was written by the fingers
believe to be as sasI a. ea. language M
containing unequyoca provisions and Limitations The
legislative lion win be enangled in the meshes Of
which it wishes to exercise
How true! And now see an attempt to derive from
plain and simple clause ip relation to the public lands
an absolute and unlimited power Congress TO legslae
for the free people in the Territories
But il is important 10 remember that. notwithstanding
the Supreme Court has recognised the power, II has
never yet decided upon its exercise, as question OF
right Ii has presumed the right, but it has specially
waived all inquiry into the fact and so expressly states
declares that n such matters 1 e IT'S duty 70 conform
In Foster & Elam us Nelson, Peters, the court says
"s duty commonly decide upon individual rights.
ord 2 S.s sss %h'h the ss psoS
Of the court 70 coniom its decisions 70 the w Of the
Legislature, If that will has been clearly expressed
Again in the case of the United States Afredondo
and others, Peters, the court says:
~This court did not deem the settlement of boundaries
judicial but political question: that was not It's duty
lead but TO oow the action OF the other departments OF
the government" &C.
and quotes the case have just referred to- The same
principle again laid down in the OF Luther against
Borden-the celebrated Dorr case.
In the of the Cherokee nation vs the state oil
Georgia. Judge Baldwin declares al have followed the
rule laid down in Foster and Elan Us Nelson" ''f the
course of the nation has been plain one its courts
would hesitate to pronounce it erroneous" And no
ayowal could be palmer, that In regard to all political
subjects the court merely follows the will OF the egsa
ture then how absurd say that the Judiciary has
tanned ii Il avows that il will sustain any political nc
ton that Congress may choose to take but will be
pretended that by this gives the sanction OF Its ofcia
opinions to every political act There stands the fact
the court has expressed opinion in regard 70 the
right or wrong Of the power itself When it shall have
formally and directly pronounced upon IT, will then be
time TO quote the action and opinions OF the court but
until them will hardly do to quote the Judiciary as an
endoser Of the propey Of the exercise BY Congress OF
the power claimed.
By the laws OF Eng land, If uninhabted country be
planted by English subjects, all the essential English
laws are Immediately there in force. The right OF sui
age is fundamental to democratic government; IN eff
feet says Montesquieu is important to regulate how,
bv whom TO whom on what, the suffrages TO be
rven as il is in monarchy know who the monarch.
and in what manner he ought to govern. Under our
government the right OF each community to make its
own laws is OF the very Of nsttutons and
Il would seem to follow that according to the doc
rnes OF the English law the citizens rights must travel
with him throughout the extent OF our domain. Such
was the Roman law; Gavius was in Sicily when Verres
scourged him, but he was Roman citizen though only
zens rights 20 with an American ship throughout the
robe but am told that though have certain native
and inherent rights il step my foot on territorial soil.
r,ohts ehnIl hecome subject to