The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-02-01

not tffoyi4Qsr lie Vvu<f ex4.iUe f'.l9 w I.m1t
Mo f,s5 4dss:ioux First, rs t6n>ts.a.|1azli,y.
Ind, teeentiIy. it ezpedieney. Tie p<i1tibaI 96f-
ion of utat Iit bad % say wsalf . co1fptd %
'Ae eoasiitui;qzaI q1esiion
Aasene Ne eafloas wsils1s and remmenlaiess
~ tte Territories had been al1n1f uaipsst44 con-
eeEied, and iis Rad fxfraefs f1m Xfa 8ef1s1r1ss
Judge sipig'e aHd hir. hsseiex 6thnls1fsIi1s
and he t,en rsssizfrd thsee eziFas'z NilI epIa|9i
pronpunced The afgttleats that Epnefe.s zitl Ss4 v
poser % iegMiatc <xciu4lreIq for NE f.tl IL Ia.
Territories sa banEIag akensiit2aH sk3ir
Ensntsr q re qtl'sF lieuss lTass zaasne. ne eo
tied tafit mehs eaAbls'i 81. IA .la ~
FifoFies. Tiis dbetriFle iaff q ish NJ lie nsrh
frofa inEaha, was bsties slliit n i'e 5ants II ths
Neya Than ef the Wsi1k.
Z Eslne,s from tie hitter d III. Dner Nefs tIs5
real, and is ssnllfpsnss were Sompns wish til4 ~
gument that taxation was no tyFannyss The 4f&te
nenfs Of all those who advocated Ih;S nfIi|I1I14
power in Congress drew their doeirn ir1m IrSA%
different. Theirs was no written British AA,nsII[o-
lion The Constlintioo tlefe is an unNfi,'r1 9s,s
TIicre, upon the iplrfucfion u 4 proposition }i&
opponents of il must point on the Iimz1si9se il
that Consultation. Hefes however, ii X IT, -
vesse. When yef propos4 ilIat ,g14fst4 :II1II fx-
ercise certain power yQu must ro'a< 4at ~ Az.
press grant Of shat ysStaf ID the C0sIaIiIdfi0fl
The difference between t|sE pett@r u Aae1fe iefg
Eisofy and 20 iegialate Tor Tie people q sfoss eu
tories Is nat a II one The power ef Con.
eress 10 IegtsIale exelhsireiy of he of lie
Territories is dedHeed from tasi9us eladscs pf lie
Constitution. To- assnTne that a 6oseiei, 4ov4fur
ment--a government IN which iiie peopie eoyerrled
had no vgiee IL eleetng- has fisist q lssislats
powers Of that eUyefnnenkars unlimited, and iilas
it has ahaoluie control over every safjeef s0cin 81
wen RI political The Fppefs d Consses Sess
derivafiye, and snell must be IiInitei Gqnarea2
- =. X.
ries goyerineni, bst has no power % control ,ss
iniepnal legislation Or the 4tfrfs0s5es. Asf0 ne
power of Congress to egislaie upcn this subject o.
slavery, it muaI be power 6npit>sI ia ID Shafae-
Ier. i twese Intended by he CenssnIiex which
framed the Convention 70 confer upun Eoneress any
such unlimited poNess what could have hesn more
easV--V hat could bape been more reasonable
Than 70 expect that they woald have iisers<d epeh
a power into the Constitution in cypress lesIn#.
Congress abai have unlimited E99sers o Isfiia1iqn
over The Tssitories. The pafs 0f he go12ii1iion
mostly relied on by The advocalee Of liz pQ1Fefin
Congress is thai Congress eIa have he pogser 70
dispose OF and make al nesdIdl roles and nspIa-
lipiis The isrrisorg ard egser Psepey ber
longing to the United States
IL it was intended thar these words should convey
q grant Of power to Congress Of exclusive 4l M
hmited legislation over the Territories, then tls
man who framed them Should beashAmsd of his.
work. Mr.. g. saw in the ciauEes however nething
OF The kind 10 hIs view il VT merely giving to-
Congress The power sell apd 70 make al peeini
rules and regulations over the Ierrii1Fys that =,
public properly belonging q the whole nation IIs
bad read and szaihips's lsfge fnasber ei
and cumsnentafles upon tlls p9ni, and eoAlNnded
thar the mistake of aii 11se nlo argued fhs ssst-
ence Of snefa power is Ccfefess Wass ttat fiseF
/ applied the word = terslufYH to the people aud
/ eammulities that inhabissd the land, as FS e
to the land lself while ii truth fhr NnI NHas
used in ths C0nsiini0n refefsnE only - huliie
property. The fyiie meaning OF the phrase q all
needfu rules and regulations respecting ths fsfrf-
tory or other prog 3rig. = nothing mora than >
grant 0fpower 10 Congress 10 disposs 81 ts 6Asilc
/ property under such i6rlns, IN sssdh usi.s aid IN
der such regulations, as ir0u time 70 tiit4 nfsy "
deemed ezrsdiens. Under proper exercise af this
4 power, the public damaln-ihe ferriiofie ol ihs
I United Siaies have besn surveyed. laid Of into
townships and sections sold 81 pdlaic sale, and
made liable 10 ptlvRte enlFieg Glit9r tile power
conferred by this clatse suits have been bfoIizlt
against sFesFassens and fnlrnders exeinEied TIE
proceeds arising from its ssle have gons ipto The
Halioiaal treasury and the mouent The ale laiss
j place, tlat mone1l the power 81 the Government
ceases 10 exist over the soil. ltlae hsen cuniended
that Ibis same Clause notenY gives cmgEess power
ever The soil. but over The people gll reside 1l lhs
public lands, wherever situated AZ Hudson. If
Massachusetts, was fhe new G1iiiieo who had
made this wonderful dsc0xeEy. Is was he ysio had
Iaid down the dpctFine thai AiIe eiii.keE were
Z public properly. heeanse they in}nhiied laniis bel
longing to the United Slales 4he idea VISA ut
yaFianee with any tEe intespieiaiioa q tne Con-
I l =. -
The same person had impuied 10 him (hlr Cans)
the honor OF being the author Of the construction 81
the Constitution-that the word territory - tha
4 Constitution relerfed only to the lanG With he
principle he agreed but the distinction and the IN
! depreciation had been laid down BY the Supreme
conrt, m the case Of the unitsd States IL Grasel
| and others ~
The decision Of the Supreme Court in this cass,
/ the speeches Of Mr.. Hudson, and Of many 6sker
gentlemen, were then read and ti1o ~
/ MIR. (tasS ntl
this point, differing from that Of Mr.. Cass was also
read aud its positions opposed ht other autarilics
The positions taken by Mr., Adams upon Ibis clause
to the Constitution were also and contrasled
by those. of Mr.. Hamilton in the Fedslpsi An
article which appeared inthe National Intslli
in December, lS47, said 10 have beeh wfitis6 By
an eminent Judge Of the Supreme Court from Tho
! West was read, and its statements compared with
the arguments Of other persons,
The question whether Congress had nut greater
4 power over those Territories acquired By treaty,
than the original territofy Of the Uhie, was
discussed at great length and the efounds was
taken by MF. Cass, that Congress had no greater
claim to unlimited jufisdictioasin that lhau IN
the other The powers given BY The Goassifqlien
were precise, and could nos Be extended mid where
the power was not given directly i earld not be
impliea. The authority Of Vatel aud other WRITER'S
on the law of nations, upon the powers q govern
ments over acquired terfpfes could not be applied
to this Governnlent which derived all the powers
II poSSeSScu itHkfI tit tft84VCn LOnoItt
Mr.; Cass, without concluding gave way 20 { mo-
ton to adjourn.
TuEsDAx, Jan 22a Mr. gass continued his
speech by reading al large from the speeches Of
many Senators, and from the works OF several ju-
clai writer's, to sustain the proposition that CoA
gress has no power under The Constitution 10 legis-
late upon the subject Of slavery for the people o.
/ the Territories. Such power would be that oi
exclusive aud unlimited Legislation. The Consiitu-
ton nowhere gave such a power; and as the power
could not be found expressly granted in the Constr
tutiop, il could not be implied. All power, IN The
words Of the Constitution, not thereby gEKntsds
1 were reserved.
4 The articlesof contract made and established hE
the Congress Of the confederation, and their binding
force, and the power Of that Congress 70 establish
such compaet, and the force and obligation 81 the
ordinance Of 1857, and parteulary the qaestion q
\ the involabity OF the ordinance, were exanneds
compared discussed, and the views and sentiments
Of others upon them were read aud enlaFg ed upon.
These articles of compact established In felat ioa
to the territory Nofthwesfof Of the river Ohio which
are held to be inyolabe declare that there shah not
be created out OF il more than 6sc States shat
number has been completed BY The adnsission q
Wisconsin, still there is large portion ef thai
4 ritory detached BY Congress from what now cons
sttutesthe State Of Wisconsin, but which il is pro.
posed to JOIN to that which c6npoSss the Territory
OF Minnesola. II Afhnesoia becoIpss State, with
that portion Of the territory embraced BY this COM
pact what becomes Of The nvieability Of that COM
pact IS
The diary Of Mr. Adams, lately Published, was
I -