Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-01-26

Independence, absolute or CONDITIONAL America does not
ask Of you said M de Vergennes 10 the British Minister,
in the presence Of Dr. Franklin and in this spirit the
treaty concluded "between his Britannia Majesty and the
United States Of America" and contained simple recog-
milton of their Independence an existing nation And this
recognition by England conferred Independence than
did the recognition by France Spain, by any other
Power All these merely the Acknowledgements Of
national condition already exstng which they could neither
create nor destroy.
II then, the country over which various Territorial Gov
enmens were organized and Congressional legislation
csed acquired by treaty. but made part Of the United
States the 4h of july l776 the day when they assumed
their equal station among the nations OF the earh and years
before any treaty concluded very clear that the treaty
making power including in its operations the power of acqui
sion could confer upon Congress any constitutional
thority legislate under these circumstances
that these considerations do not touch the acquisitions made
in Louisiana and subsequently without the original limits Of
the United These cessions obtained by the treaty
making power and did they compose whole territory,
the deduction Of the right Of legislation from the right of
question: would any rate be sufficiently extensive in its
operation to cover its whole exercise by Congress.
But seeking the foundation for the exercise Of great
political power by the National Legislature under the const
tuition and will scarcely be denied that any which is
sufficiently extensive for the whole Congressional action
neither be the true the from which Congress itself
has derived its authority this subject The cause to
compare moral with physical Investigations is not proportion
ed the effect have found but two speakers who seek
draw any distinction between original and acquired territory
All else who have participated in the debate and who contend
that the right Of acquisition carries with it the right Of po
cal legislation have referred to the whole action Of
ndscmnaey from the passage Of the ordinance of 1887
and have supported it by this view aE
Under the last clause he power to make needu rules
and regulations the Judiciary Committee of the 6enae
in their report Of January g. lS49, under the power to
govern, which necessarily implied in the right acquire,
Congress has passed laws organize the various Territorial
Governments which have from time to time existed within
the limits of the United States.
Here no distinction is drawn between original and acquired
territory The phrase is the various Territorial Governments
inf
States By the derivation Of the right to leg'slate from
the other of the two mentioned it is not intended
apply power and the other to old territory for
if the first is valid for the purpose Of Government any where
valid for that purpose every where, wherever the United
States possess territory matter how acquired. When,
therefore, the committee apply to the old territory the
foundation for the exercise of the power of government they
equally apply to all territory and any further investigation
of this point becomes unnecessary. The distinctive is merely
the purpose of expressing doubt to which of these
powers the right to acquire the right to make
and regulations. gives to Congress political legislative autho
ry the territory of the United States doubt which
with the first opinion Of the Supreme Court and
which time and investigation have done nothing towards
removing.
And find the extensive application to the whole
tory of the United States of the power of legislation the
the power of acquisition in the opinions Of the
Supreme Court and in the views presented by almost all the
speakers, and among others by distinguished Senator from
South Carolina, who considers that the right the
Territory derived from the right Of acquiring territory
Mr.. Calhoun, vol. l, p S70
One Of the speakers, however, whom have alluded and
who makes difference in Congressional power operates
upon old or new territory, ustes the excuse of legislation in
the latter by this right acquire and then govern
and in the former by that provision of the constitution which
guarantees the debts and engagements Of the old Govern
men contends that the ordinance formed engagement
within the meaning of the constitution, BECAUSE he says
it was /" declared to be compact" Mr. Murphy vol. !,
p 579 Admitting for the present, what shall contest by
and by that this ordinance has the characteristic OF
pact, still the difficulty is before us and we have large
tent Of territory where this power has been exercised and
which neither acquired by treaty. the subject of
Compact formed by the confederation and recognised by
the constitution The Southwestern Territory, the State
Of Tennessee, and the Alabama Territory now the State of
Alabama, and the Mississippi Territory, the State Of
Mississippi all governed by Congressional legislation,
under the constitution, and governed by the
federation Whence came the power them Not from
the deeds ceson for no bargain between the United States
and State enlarge the powers Of Congress- We have
still to find general origin Of this power, extensive whs
exercise, have to find third justification Of it by
digent search of the constitution
If the views contended for correct driven to the
conclusion that the trainers Of the constitution made nd
rect by way ofrecognon for the Of e
gsative jurisdiction over portion Of the existing territory
while they left portion without any arrangement at all and
at the same time, with pervesy Of forecast difficult to be-
eve and impossible explain they looked forward distant
acquisitions and made ample provision for their government
g. Another assumed ground for the exercise Of this power
is the right 10 admit new States.
"The purpose" [ofthe right of Government says
u
fit them share in the privileges of this Union Whatever
necessary this object Congress is authorized to do
Mr. BerrIen, voL 1, b. 875.
For myself sir take that the reason for the exercise of
this power Of Government by Congress simply that the
Territories may be governed, and not left without political
organization and there provided for the in
stituon of government by the people Of territory, Con-
gress has interfered 10 attain that object.
have already referred to the opinion of another member
of this body but the pursuing requires that
should extend the quotation he adds the weight Of his
thority to this derivation of the power Of Congress-
"There two purposes he for which territory
held; g the disposition Of the soil, and
Territory is necessary the efficient exercise OF both OBJ
jects' He then states g that the most impor-
tant is its settlement and erection into States To train
these infant communities under such institutions tit
the highest Importance. And he adds, that Congress
Invested OF the OF when the infant COM
muny arrives at its maoritywhen it is strong enough to
assume the responsibilities of sovereignty and comes as
State into the confederacy MR. Hunter, po 1, 902.
Let remark here sir that the phrase erection into
new States, is not to be found in the constitution The
constitutional power is to admit States into the Union
This not mere verbal criticism, but the correction Of
error, connected with the fundamental principles of
Government The power States belongs the peo
pie who inhab them the power 10 admit them into the
Union belongs to Congress
The power Of legislation is here deduced from anaogca
views furnished by the conditions of youth and manhood in
natural life and by their application the lives communities
Analogy never presents very safe ground OF argument
and least of all in constitutional discussions which should be
marked by severity of investigation rather than by brancy
OF imagination. have lived under territorial governments
the greater part Of my active life and had to learn till
that they had any peculiar Congressional training which pre-
pared them for their political transformation Their training
comes to them, TO all other American citizens by
experience, observation, and reflection. Tran ND child