The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-22

puDhc property whether found IN me otaes OF ieIito
es and Is the only authority BY which the public lands
wherever situated, sold; and, consequently, the
people living thereon are subject 70 congressional legs
o sa sas
same words, operating upon the very same subject con-
vey powers altogether different ,'...
II is under this authority, that whole system OF
Land laws has been established That land has been
veyed and sold respasses prevented punished inru
sons prohibited and the proceeds OF the national domain
realized and carried to the national treasury The laws
for these purposes general in their operation, not APP
pcable to the Territories alone, but embracing in their
action those portions Of all the States where this kind Of
And these laws passed by virtue OF this clause relating
% the public property. cease to operate as soon as the
United States cease 70 own such property II tract OF
land, wherever situated, whether within State Terri
tory, paid for and sod all the provisions for the
y Of the United States arising out Of this special clause
the constitution disappear at once and the tract passes
usual incidents, and governed only by the usual local
laws.
But it is yet strennousy commended Though certainly
not with the same earnestness OF conviction which
marked the earlier discussions of this subject that the
natural and obvious import OF this clause, giving Con-
gress power 70 make needfM rules and regulations for
me psc PrQperty is not the true one but that II gives
complete legislative jurisdiction the property itself
and over all the persons living within the Territories Of
the United States And WHY have examined with ii
some care the long debates upon this subject and find
there are two different views taken OF this clause, both
Of which unite in the conclusion but separate in
the process by which il is reached Those who advocate
the one contend that the word erritoy' does not mean
land alone, but includes also political jurisdiction thus
making American citizens part OF the national property
at its pleasure The advocates of the other who GER
tainy bring this discussion greater numbers, well
a. higher talents and position while conceding that the
word TERRITORY IN this connexon means land, maintain
that the Dght 10 make needu rules and regulations
corning it necessarily conveys unlimited powers Of leg
as wei
", SO lar as have been able to ascertain, member OF
The House Of Representatives from Massachusetts Mr.
covery that the people Of Territory property and
that the trainers Of the constitutions with equal beality
and wisdom, made special provision for their sale when
and as corolary from this doctrine, the construction
which considers territory in this clause land other
property s denounced as a miserable quibble," put
paternity is attributed 10 me by name, and with one Of
those sneers Of intelligence with which great minds (aas
for the nirmes Of human naure are but too prone to
consummate their victories small ones. Truth,
however compels me, while protesting my sincere adhe
sion to this position, to decline the honor OF this gentle
mans censure, and TO limit my claim TO the humble SER
vices q disciple in this school. while disavowng the
title Of master Had he sought his principles of govern
men less in European writers, and more in the constu
lion OF his country and It's exposions, would not
Be necessary for me to tell him that it is the Supreme
Court of the United States which years ago put this
strucon upon the constitutions and pronounced territory
and land in this article 10 be synonymous place in
uxtaposlton the dictum Of the gentleman from Massa
chuses and the opinion OF the Supreme Court, in the
case OF the United States Us. Gratot and others.
~ 'MR. HUDSON. y "IHE SUPREME COURT
"This new doctrine OF Gen The term territory
q sa: merely p asss
parts the country is entire and equivalent the word
" superficial and win not, lands; and Congress has the
bear the test Of examination same power over
for moment Because ter any other property vested in
yitory and other property arethe United States" &c.
eIal contends that territory
must be synonymous with ~
ply confers the power to buy
and sell ii. as they would any
s ooss.. o. sps shsssi o. property
suppose may shelter myself under this authority,
faithful among de fdithless who desert il for this gen.
smsn, while Affecting 10 place confidence in the Supreme
Court, denounces Its opinion; and leave il to him to
reconcile his assertions with the history Of his own
times How the Supreme Court, after thus deciding that
territory here means land could decide also that the poe
10 sell and regulate land includes the power OF unlimited
political jurisdiction, profess my inability to comprehend
"needfu and this necessity upon the face Of tits incom
paible with the idea that ths power is vested in Con-
gress wthom limitation" But Lshall return to this sub
ject in the further progress of my remarks.
Now, cir, what the urged in favor OF sepa
rating this word territory from its natural connexion,
Other properly, OF might rather say in favor OF unlimited
legislaton over il political community will try
10 deal with the doctrine fairly can and gently
a may be- though should consider my own time as well
q who u any
property, and seeks upon this assumption establish
great constitutional power, should not TO promul
gate his doctrine in these halls, whose foundation was
to the principles Of constitutional freedom
Vattel says "that possessing the territory gives us
perfect night TO govern and control it," Then follows
another quotation from vae the spirit Of which is found
in this commentary Of the speaker ln this passage"
he says. he term property used in broader
than mere land II Implies sovereignty jurisdiction"
And then comes another quotation, and another
nry. lomit the former and give you the latter:
Here, Mr.. Chairman, have the authority Of vaitel
for saying thai nation has property In her
that the right oil domain implies the right Of empire that
owning the territory gives absolute urisdction hence
full legislative power. What them becomes OF the mse-
bic bubble about territory and other property"
And this 10 followed by much OF the same sort
and all this time amid profuse display OF learning. col
eced Tor the purpose II 10 have occurred 10
the speaker that certain instrument called the const-
tuition OF the United Staies had quite much to do with
writers, who died from century TO centuries before
time, and whe discussing questions of national
and natural law under good deal o bias arising out OF
monarchal institutions where the sovereign, agreeably TO
the doctrine OF Louis the XIV the State, and not the
authority OF the various departments OF government
And this speaker was followed by another who fortified
the doctrine by his own peculiar views and peculiar in
deed they are and by abundant references TO the dicon
aries and 10 other equally learned authorities He begins
By declaring that the of the revolution, the trainers
Of the constitution, masters oil the English Ian
guage They used just words enough and more. |
They invoked the powers of the language TO confer in
the biefes and ceaest manner this renary power upon
Coneress- And this euogium is pronounced with APP
parent sincerty, certainly with all due gravity the better
to prepare us for construction much AT with the
plain words OF the constitution with the fundamental
principles OF human freedom He asks with emphasis,