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

i
OF the gentleman from Massachusetts and the opinion OF the
Supreme Court in the case of the United States Grao
and others
s'MR. Hupsos. s'THE SUPREME CorRr.
"Thisnew doctrine OF Gen. "The term territory as
CAss forth possibly here used, merely descrp
please the faithful in certain tive OF kind of property,
parts the country entire and equivalent the word
superficial i'll not lands and Congress has the
the of examination for power it over
Because territory any other property vested in
and other pt0berty asso- the United States, &c.
ciated together the General
contends that territory
be synonymous with land, and
that the clause simply confers
the power TO buy and sell 1t,
as they ywould any other species
of property, goods or chat
tels.'-I0L |, q. 665.
suppose may shelter myself under this authority, faith
i among the tahss who desert 1t for this gentleman,
while affecting place confidence in the Supreme Court de-
ncunces its opinion and leave 10 him to reconcile his
serons with the history of his times. How the Su-
preme Court after thus deciding that territory here
and could decide also that the pecer 10 sell and regulate
iqnd includes the power Of unlimited political jurisdiction,
profess my inability comprehend especially the
power be exercised be needfu and this necessity
upon the face of is incompatible with the idea that hs
power is vested in Congress rhou Haion But shall
this subject in the further progress OF my remarks
Now sir what the urged in favor OF separating
this word territory from its natural connexion, other property
night rather say, favor of unlimited legislation il
political community Twill try 10 deal with the doctrine
fairly can and gently may be, though should
consider my time well yours badly spent were to
undertake any serious refutaiion Of it. He who considers
American citizens property, and seeks upon this assump
lion establish great constitutional power should notcome
to peulgse his doctrine IN these halle whose foundation
laid BY Washington and whose supestructue is deica
ted to the principles of constitutional freedom.
Vae that possessing the territory gives perfect
right to govern and control it, Then follows another quota
ton from Va,e spirit of which is found in this
tay of the speaker sin this passage he says the term
property is used in broader than mere ,ld. II i'm
plies sovereignty jurisdiction. And then comes another
aplan her L
give the latter:
"Here Chairman have the authority of Vattel for
saying nation has property in her sovereignty, and that
the light domain implies the right Of empire that owning
ave power What then becomes OF the miserable bubble
about territory and other property2"
And this is followed by much Of the sort, and
all this time amid profuse display of learning collected for
the purpose to have occurred to the speaker
that certain Instrument called the constitution OF the United
Sae had quite much TO do with this question OF the power
of Congress- transatlantic writer's who died from century
centuries before time, and who were discussing
questions OF national and natural law under good deal OF
bias arising out monarchcal institutions where the sover
eign agreeabiy the doctrine of Louis the AiV was the
State and not the authority of the various departments OF our
Government.
And this speaker was followed by another who fortified the
doctrine by his peculiar views and peculiar indeed they
are and by abundant references to the dictionaries and to
other equally learned authorities. He begins by declaring
that the Of the revolution, the trainers OF the consltu-
ton were masters of the English language They used Just
the language to confer the breest and cearest
this penary power upon Congress And this euogumi Is
pronounced with apparent sincerity certainly with all due
gravity the better prepare US for as much al
war with the plain words of the constitution with the fun
danenta principles of human freedom He asks, with empha-
sis What means the word territory Does it mean simply
spublic lands >" Certainly not When the Government
owns the SOIL the word territory applied it means that soil
and the dominion which lies like atmosphere upon It. The
word terory then, expresses compound idea, viz land
and dominion If the Government does not the land,
expresses then simple dea viz dominion the land In
neither case is its meaning synonymous with land or
pubc lands In either case expresses thing which
is she property the Government AL this equally clear
and satisfactory, and thus proved logically constitution
ally and almost mathematcaly, that the inhabitants OF ter.
ritory are "thng" the property of the Government
But further colonial are spoken Of as be-
longing appeanng to the parent count-the territories
of the East Indies England for nsancethe speaker says
is in the dictionaries therefore the matter can oe mace
no parer by Argument and territories are by the con-
stitution made property belonging to The United States and
may be sold and governed as such land people, and all
Mr. Rockceu, uaL J, p. 794.
canno arge such pont as this nor undertake refue
the proposition that unlimited jurisdiction large bodies
citizens, embracing in its operation oil the tights
which belong to man. whether natural or pouca u tnns
which is the pSperty of the Government DO we hear aright
when hear an American legislator contend for construc-
ton of the constitution which carries back to some OF the
doctrines of the middle ages; to those eudai times,
when the dignity Of aud far more exalted than the dgni
y OF human nature, aud when men, mean the many anu
no, the few were bound the soil like the trees growing
upon it, they yet of the countries Of the old
world, and of The principal elements of its value All this
has passed away wherever the very first gmmeng of the
light of freedom has penetrated end the attempt to revive
here among the sangest of the strange political svusons
which il has been my fiune rather my MISFORTUNE to wit
ness in long and active ie
ew passing remarks upon the practical consequences OF
this position. and leave it to exert what influence may
upon the subject before
If the word eriory" here includes the right OF ursdlc-
on it follows that the Intention Of the trainers OF the
constitution to upon Congress the power TO sell this
jurisdiction over the cessons, and that this clause
sccompshes the object For whatever be the true meaning
of the word atcuitory whether soil dominion or both,
the authority granted Is an authority dispose Of sell it.
equally with "o,her property" No process Of analysis can