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

no specific power in the constitution which authorizes the
organization of Territorial Government Such power
was given in relation to the District OF Columbia ana
equally necessary in regard to the other Territories
But this power be implied from the specific power gwen 10
regulate the disposition of the public lands must under the
above rule be limited suitable to the end IN view
II Congress 60 beyond this in the organization OF Ierno-
rial Government they without limi,aon and may estab
lish a monarchy Admit that they may organize govern
ment which shall protect the lands purchased and provide
for the administration of justice among the settlers II does by
follow that they may establish slavery This
relation which must be created by the local sovereignty
is municipal regulation of limited extent and necessarily
Of equally limited origin II is domestic relation over
which the Federal Government can exercise no control And
above ALL the institution of slavery not within any impca-
ton which be drawn from the power to regulate and dis
pose the public lands other property Of the United States
As before remarked slaves not treated In the
property. They made property by the local law
And how do the doctrines have heard advanced res
pectng this power Of implication repeated, reiterated indeed
till they pail upon with these canons OF consruc-
ton Let us
shall conine my quotations within limits, and TO
what has been said in the Senate, though might extend
them almost indefinitely but the high authorities whence
they derived supersede the necessity Of multitude Of re-
ferences.
.sThe power" Ito govern) says Senator Of distinguish
ed talents and character, in opinion Is implied among
other sources has been well said from the right acquire
territory. If this right Of acquisition sto be implied from the
necessities Of and peace of making new States over
which subject Congress has power this necessity OF acquls
acquired To effect these purposes and ends the terri
tory be controlled and governed by those who acquired
the very necessities which justified its acquisition could
not be met"
The warmakng power and the to admit new States
both Congressional powers and Therefore proper sub
for the operation Of the clause permitting the exercise OF
powers by implication but the authority to make peace be-
longs to the power to the President and Sc
nate and is therefore not within the reach of this auxiliary
provision and yet they all cassed together powers Of
the nature drawing after them the same consequences
And not only but implication is heaped upon implication
in violation of rule Of construction equally sound in itself,
and called for by the language of the constitution.
You derive the power to acquire territory, says mem
Der of the Senate who to other high claims to consideration
which all feel and acknowledge adds the distinction of
having occupied seat in the Cabinet as the first law officer
of the Government You derive the power to acquire ter
ritory How Not by express grant of power, but by
implication from the and treaty-makng powers You
derive the power to govern the territory acquired How
by express grant but by implication, necessary
The enjoyment of the territory acquired and this is vest
ID in Congress- Why Because, by the constitution all
legislative power vested in that body and legislative
must be exercised in framing the organic law Of the territory
Mr.. Be,rien, voL ], p s75.
Here sir we have the same power of implication, extend
d beyond its constitutional limits, foundation for the ex-
cse Of Congressional authority, and embracing the treaty.
making power in its operations and have also this dup
implications equally dangerous and unconstitutional and
only So but told that Congress has the right to
eglte the territories not because that right found
the constitution, but all legislative power vested
that body and this is Legislative power that must be OK
rcsed If by this it is meant that Congress is vested with
ii the Legislative power granted by the constitution, it is
rusm that will find opposition, was there any neces
y Of mpressing upon series of formal propositions
But does not aid this Of demonstration for it leaves
found the question of Congressional jurisdiction which,
whatever may be the necessity only be exercised when
is granted, and as it is granted.
am at loss to know what is meant by the enjoyment
If the territory foundation for the poUer governing It,
The enjoyment property depends essentially the power
sell and regulate it, that it may be used This power
expressly given by the constitution, and if given
could be exercised by the limited created by
unless, indeed suppose that the clause for that pur
pose is work of supererogaton IT. therefore, this
power required special clause creating it forort the
power govern people living the property required SINH
lar creative assuredy the right to sell and regulate
legislation especially the power to SNAKE rules and re-
gulaons gives all the requisite control individuals to
prevent their interference with the enjoyment Of the property
by the United States.
And this is precisely what another speaker the in
deed who draws the comparison between the Of an en-
poyer and the Of entirely oveooks when
he says that the right of acquisition gives the right Of govern
ment and asks with evident dissatisfaction at the rreuta
bic nature of the argument which question conveys
what purpose does any acquire property but to govern
il Why does buyer pay for it if il be not the right to dis
pose off ]" To govern it 1.-THE property property
holder And what has that do with political legislation
numerous communities His right Of government is
what others call the right Of enjoyment. The constitution
gives this right and therefore exists But does not give
the otner ana therefore does not exist Tor would Dafe
human ingenuity to discover any principles applicable to
either and not to BOTH which would justify this difference in
The right Of Congressional action The why
omitted and the other provided is probably to be found in
the circumstances to which shall hereafter REFER connected
with the passage Of the ordinance of 1857. iii is
onssus the people alone supply the omission and if
In the mean time their representatives act they only
from the necessity Of the case and upon their responsibility
to their constituents.
Judge Story says GAS incidental power the consti
tutona power Of the United States acquire territory would
seem SO naturally to flow from the sovereignty conded
as not to admit OF very serious question"
This phraseoogy does clearly indicate what the learned
Judge meant by the constitutional po,oer the United States
to acquire territory.
The power of the United States TO acquire territory If by
the United States is the people, doubts though
some have doubted whether they have made provision for
that purpose In the constitution lii in Of the
an incidental power but direct does its existence
depend the constitution, though its exercise does If
granted, may be put operation by the proper department
withheld, the people may provide for its exercise whenever
they see ft
But if by the United States is here meant the Government
its constitutional poce should be deduced from the consttu
ton sef-from the treaty making power, for instance,
some other and assumed incident of the sovereignty
of the nation Nor should that sovereignty be considered as
confded to the Goyernnsnf. loose expression for high
judicial unctionary II remains with the people; and as the
word itself is not to be found in the constitution no pow
be deduced from that instrument nor from the con-
dion ITSELF because they considered the incidents of
sovereignty There rights, indeed which assumed
and granted, because sovereign. But
ercse of these rights and powers seek in the
ton ITSELF and they be found there the people,
the true soveegns have retained them in their pos
session.
As to the power of acquisition, me not 10 be an
incidental at oil Il is direct directly included in