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


Michigan, and Iowa. thought that they possessed sui
cent authority in themselves, and accordingly set about
and finished the work without asking Congress to assist
They subsequently admitted like other States. and
apprehend that their power right to act they did
was good and better than il would have been il
they had reversed or set aside the slavery or anti slave
ry or any other clause in the act OF Congress- providing
them with territorial governments Bnt do not these
facts form beautiful commentary upon the value OF any
practice under our government
II the people Of territory have the right 10 form
stiluon and adopt State government, without the
sent OF Congress- is not absurd to talk OF the power o.
right OF Congress 10 make the local awsi IL the people
have the power to form State government at their
instance the fact is conclusive OF their right to set aside
all congressional enactments n relation TO local matters
among themselves II proves that the power OF egsla
lion is native and inherent in the people, and that with
out their assent the acts OF Congress must have been
without obligation or effect Our history shows that the
peope OF Territory have the right 10 form constitution
and adopt State government without the intervention
OF Congress IT, then, after the perfect organization o
such governments government which should be per
fecty compatible with the constitution Of the United
Sates and compatible with the rights of other States
Congress should refuse to admit the State into the confed
govern by local laws until it pleased to admit the State
as OF the federal Union Questions of boundary
affect the rights Of parties outside Of the State, and might
be justifable objection the part of Congress; but
omit questions Of the sort in the case put The answer
exhibits the real power OF Congress- over the people in the
territories.
But the power OF Congress over the Territories is
claimed for another is admitted by some, that
the constitution is silent in relation to it; but they
tend that the power necessarily follows upon the right of
: the Union to acquire them The Supreme Court Il
Peters, 542 says that the power 10 acquire territory
suited from the power OF making treaties Mr. Jefferson.
Of Congress and the Opinions Of the supreme Court
to show that the exercise OF the power has been susta
ed That the Supreme Judiciary has recognised these
acts, Of course admit and admit also the patriotism
and the learning of the gentlemen that bench but still
dis other men, they subject the prejudces OF their
station, and in the language OF Halam, too ready 70
adopt any principle which their usually received authors
ties may sanction" The page OF history shows many
instance where the judiciary has sustained right against
the arm OF power but have yet TO read the first in which
books 1t will not tear down the props of its power
il will defend liberty where it exists; but the Judiciary
will never Introduce it.
The feudal law granted to the feudatory the right Of
local legislation; but policy OF the sovereign gradually
crushed these private rights, and annexed the power to
the crown This changed that law. and established the
sovereign grant In England, the spirit OF liberty mod-
fed the doctrine and claimed for the Parliament certain
rights the effect of which is TO compel the King to
cise particular powers through and with that body. But,
with this modification, the doctrine is the law Of Eng
land in relation TO the colonies at this day In the LAM
Parliament of Great Britain have full power and author
ty make laws and statutes of sufficient validity to bind
the colonies subjects Of Great Britain in all what
soever" Do you remember the declaration! 1t led TO
the independence of the United States.
The different kinds OF government established by Great
Britain in her colonies, all agree in looking to the crown
the foundation of their poweI and the colonial laws
rest their authority upon it, The Imperial Parliament
has the right to alter them but the King must grant the
authority t0 the colonies 70 enact them Under the Eng
that the people have natural rights, but that the
crown, being possessed of all authority. grant them
such privileges its benevolence may suggest. The
principle as old the law OF force and has been ap
piled every age wherever has ruled twas this that
created the proconsular governments of Rome In the
early ages OF that empire she incorporated her conquess
with herself and admitted the conquered people all the
Roman rights; but. her boundaries were extended,
she diminished the privileges OF her Provinces She
II thaa
ties The legitimate consequences followed The strength
OF the provinces added nothing TO the power OF the re-
public, but, the contrary, enfeebled it. They re-
garded the loss Of liberty Rome the epoch Of the
establishment OF their own.
The pages Of history uniform in regard TO two
facts Every nation has treated their conquered provin-
ces as though their people had been dvested OF every
right and every people who have thus been treated have
felt that their native rights were superior TO the laws
imposed upon them The same principles have been APP
piled colonies, and consequence there never has
been colony from the days OF the Phenicans down in
which the people have not felt aggreyed and il must
us notion, that the people have no rights apart from
those conferred upon them by the ruling power.
The Supreme Court Of the United States, like the
courts OF the different Staes is not fond OF coming into
conflict with the power OF the legislature. Il found
Congress apparently exercising Legislative jurisdiction
the Territories, and II looked for reasons 10 sustain
it, In the search, in the authorities which they usually
received on other subjects consulted, and the law
books OF England became their guide. "The jurIsdic-
ton OF the United States the Territory in question
has acquired by cession from the States, or treaties with
foreign powers, combining he rights Of the States aud
general government" said the Supreme Court, IN the
OF the Cherokee nation against the State OF Georgia.
Peters, 46 and they had laid down the doctrine
before, in case of The American Insurance Company
against Canter. This covers the whole ground; and
with the exception that the government must be republic
can would invest Congress with the colonial power Of
both the British Parliament and Crown.
Mr. Justice Story, in his Commentaries tells US, that
the power Of Congress the public territory Is clear.
v exclusive and universal and their legislation subject
10 no CONTROL but is absolute and unlimited unless 30 Tar
as is affected by spulstons in the cessons, the ordi
nance OF 1857" This is precisely the English law and
leaves no power 10 the authorities which led to his
conclusions and yet the doctrine is advanced in relation
10 power drawn from provision OF the constitution,
which, in the have quoted, is expressly acknowl-
edged relate TO lands aone but which the court ad-
ms must be considered the foundation upon which the
territorial governments rest" What frank admission,
that they can find no other spot on which place it;
and what broad conclusions from such narrow grounds
In the case, the court admits that the clause was in
serted ITO enable the government to redeem the pledge
given by the DID, in relation 10 the formation and powers
OF the new States" What pedgei Why, the resolution
of $780, cause them 10 be settled and formed into
new States with republican form Of government, with
all the rights and privileges of the old Sates But was
il necessary this, that legislative power should be ex-
ercised by Congress, subject 10 control, except 90
dinance OF l7s7p II il was and the constitution has 20
far violated its provisions as to give IT, then s Jus
tce Story right and the power OF Congress absolute
and unlimited" or, Judge McLane has phrased IT, u
the doctrine be true, !" il may establish desposm, 70
carry out that pledge. 0 E3. ssa
Chief Justice Marshall however, does not see the way
quite 10 clearly In the OF the American Insurance