Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1850-03-19

press power. and necessary to lis ereor
lion. If it be, it may be exercised ~.
Congress. be not, Congress c9rno,
exercise it," This is the test given us Nv
Mr.. Madison, i'll his well known renor, .,
I799-lSOO, by which to try the vsIjdi,y
Of all doubtful powers claimed for rb;s
Government; and have quoted its precise
language, because, as authority. lis a.
much respected believe, by Democrats
of the North as by those in the South.
therefore invoke my political brethren
from that portion of our country to apply
this test, as given US by Mr. Madison, 10
the power 10 exclude slavery from the
Territories by law of Congress; and | en-.
treat them not to permit this question Of
slavery to he used as device to draw
them into constructions of the Federal
Constitution, which hereafter NAV prove
fatal to all their reserved rights. Its wise
from time TO time to look back to the old
landmarks, to determine how far we may
have deviated from that boundary line
which separates the powers of this Gov.
eminent from those of our respective
States. All the tendencies of the times
point to consoIidation-an evil as much
to be apprehended by the friends OF human
liberl; as the disruption of our Union into
many fragran'S.
The only clause ofthe Constitution I'M
der which this power is claimed as sr-
pressW granted, is that which declares
that "the Congress shall have power to
dispose of, and make all ncedlul rules and
regulations respecting the territory or 9th
er property belonging to the United
States. Now, | think it clear that no
power to govern the Territories is confer
red by this clause of the Constitution, but
simply the power to manage and dispose
of them as property. 1t refers TO the ter
ritory as property, and as property only.
Tbe power is to dispose Of; an expression
applicable to property alone. And then
that which may be disposed of must be.
long to the L. S.--language altogether
10 territory as property, but
when applied to territory in
any other sense. And " the rules and reg
which. under this clause of the
Congress may enact respect
ing the territory, are simply the rules and
regulations which it may enforce as TO all
other property of The United States.
And again, if this expression "ruIcs
and regulations" carries with IL the cXclu-
sive power of making laws, as II is con-
tended. what was the necessity for giving
Congress in another clause of the Consu-
tuition, the exclusive power of legislation
over such places as might he purchased
bv Congress for the erection OF forts,
arscnalS and other needlul
buildings! For these places when pur-
chased, become property belonging TO the
United States, respecting which congress
nav. by authority of the clause we are
considering. make all &" nccdiul rules and
regulations; and if these rules and reg
ulaions" include the power of legislation,
why do so unnecessary thing as to grant
in express terms the power of legislation
over them
Ii is said thati several cases the SUI
prcme Court has decided that Congress
has this power oflegsIalion over the Ter
by virtue of this very grant OF
power to make all " ncedful rules and
regulations. " should like to comment
upon these cases, but my time will no,
permit me. lean only say, that believe
there is no case in which that tribunal has
decided that Congress derives its legisla'
tive power over the Territories from any
crpresS grant in the Constitution.
think, therefore, may assert that no
such power of legislation is oppressed in
the Constitution