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

that monument which time and labor have built up their
institutions of New Engand-a memorial Of
departed worth as noble and enduring the world has ever
witnessed, glorious and indesuctibe But while feel
thus should despse myself any preudces in
temperate passions should blind my eyes the intelligence
and patriotism Of other sections Of our united country to
their glorious Deeds their lofty sentiments their high
names and to those sacred aspirations TO them and
to us for the pePeuy and prosperity Of this great conder
aon which belong to the past to the present. and to the flu
ture aud whose feelings and opinions brought here and
reflected here by this hall and in the other
which now occupies and has always occupied high posi-
ton as that held by other portion Of the Unions repre-
sentaton which does honor country in all that gives
worth to man, and dignity to human nature.
word respecting the constitutional doctrine advanced in
this paper and shall feel relieved by escaping from its
sideraton:
M therefore only said that the ordinance Of 1887 had been
passed by the old Congress Of the Confederation without
hory from the States but had been acy confirmed BY the
adoption OF the present constitutions and the authority given
Congress it to make needu rules and regulations for the
territory.
Such is the ground upon which Mr. Adams places the right
OF Congress to legate the Territories. have already
referred 10 his views respecting the power to make needu
rules and regulations which extends that power to every
thing and have here another foundation for Congressional
authority loose and dangerous far can understand
it. as that can Bee tacit 6y the adoption 81 e
present constitution. do pretend to comprehend with
any dsnctness what is here All make out OF
is that there is mode Of comforting power by the
suton neither express implied, but tact must leave,
however to others eute the proposition more eaborate
who deem it entitled elaborate consideration, and
who more fortunate than am in comprehending it.
Here close the inquiry, sir into the Congressional egis
aon the Territories when tested the principles ofthe
constitution But in the examination OF this subject are
met by the practical exercise Of this power for half century,
and by the authority which this Legislative construction carries
with il and also by the opinions of the Supreme Court and
learned exposition of constitutional law, who justify this
series Of legislation by deductions, drawn indeed from various
sources, but uniting in the general conclusion.
Now, sir do not intend TO call in question the weight Of
precedent and authority in the adjustment Of controveed
questions They entitled to much consideration and
pence shows that there is in human nature TO
yield than justly belongs them Thereyerence
for what has been often the for what and
large portion Of the abuses in the world have arisen from this
very predpoon tolerate what has been done, and to be-
eve it has been well done and ought TO be again DONE Un
doubtedy the certainty of the law, where exists is bless
ing for any people, though unfortunately is to which
have little claim. There many questions of such
nature that is important they should be settled than
that they should be settled in any particular manner and In
the exposition Of controveed points, the decisions of courts
are looked back to- and received with respect though not
with blind obedience Sometimes settled principles un-
settled, and changes made in the established law by judicial
decisions The process Of nvesgaon in courts is cal
culaed to give weight their opinions The points are
deliberately discussed for the parties, and then calmly con-
sdered by the judges, and deliberately adjusted The
courts follow rather than judge Congressional legislation
when exercised upon subjects involving political
No read their illusions to the topic before U.S.
without being sensible that they assumed the existence of the
power and then sought the from which derived
And indeed this is also marked feature OF our own discus
on which cannot escape the most careless observer 80
much So that those who doubt deny it termed cazy
politicians" (Mr. Petit, vol ], p 7l7) the denial " q
bundle of absurdies" (M Berien, vol J. p. s75 j the
urged against futile that all and feel the
absurdy Of the doctrine, (Mr Woodward, vol i $3.50
and the attempt testify theconsituton puerle effort,
Mr Hudson VOL Up, 665 while the wonder expressed
that " of sound mind have to such vagaries,
same, p 664) Time and possession seem to have super
seeded the constitution and SENT not to that great
tn
to ascertain the power it possesses.
Says member Of the Senate, It may not be material
determine whence is derived, the power is found to
exist. "-( Mr. Bradbury, VOL !, ll42 }
hold" says member of the House, that Congress
the do all these things Entertaining this
opinion, is not important to determine from what
gress have the power but do know where they got it.
It is sufficient for to that do not regard it as pow
er under the constitution of the United ur.
Stuart, pol 2, p. ITS.
. A POWER EXERCISED BIZ CoSGREss, AND NOT DERIVED
FROM coSsTITUrIoN Such doctrine requires
futation, and in fact admits of none.
But gentlemen will insist the of power in Com
being pointed anxious satisfy their demands
but my position is strongly fortified by authority and by
the manifest aburd Of The opposite position and rests 50
aby the sound of practical and udcous minds that
could not feel justified OBTAINING the committee with de-
tailed argument" &c.-y1fr Woodward, uo. L. p. $50.
Authority and "the sound of practical minds Y
So much for sheeanchor, the constitution Where the
ship will drive when that gone not difficult to foreel
sThe action Of Congress on the subject 1.-THE organization
Of territorial governmens cat its first session. and after
wards under the constitution, is conclusive. Mr. Wood
zuard, Dol. |, g.. S52
agree with gentlemen who have been lofty in their
upon that court 1.-THE Supreme Court that their
DECISIONS whether right wrong govern our action here
Mr. Cor1oia, roL l, p l16l.
These doctrines sound strangely to my ears and think
they sound strangely to the American people, And
the less when the confidence exhibited in the
judicial opinions upon this question with the uncertainty
which evidently rested upon the minds Of the judges We
told first that there is doubt Of the constitutional
power Of Congress to egislae for the Territories All adj
nit it. says Chief Justice Marshall. But as the investga-
ton proceeds doubts to arise At fret, Territory is
governed by that clause of the constitution which empowers
Congress make all needu rules and regulations respect
ing the territory and other property Of the United States
and then perhaps the power may result from the fact
that it is not within the jurisdiction of any particular State
and within the jurisdiction Of the United States, in
other words from necessity After this follows the sugges-
ton that the right to govern may be the inevitable conse-
quence of the right acquire territory And the conclusion
to throw doubts upon the whole subject by an aPPa-
abandonment Of the question Of right and reliance up
possession the various Congressional regulations Of
Judge Kent for the exercise of the power Whichever
may be the SOURCE says the Chief Justice, whence the
power derived, the possession OF it unquestloned
The possession indeed II is not that are in search
Of but the rgh possession To be Congress have
exercised the power but to know whence the
authority and that is question which the Supreme Court
ndsposed to meet trust wb boldly met and freely in
vestgated here But does this language indicate any clear
conviction in the mind Of that revered judge who adorned the
station he e1 that the power, exercised, consti
tona one What he clearly, he clearly expressed, and
his habits of thought almost pecudei dou5 but he doubted
here He seldom qualified his opinions with such words
perhaps and may, and may be :; the last twice
used and the whole compressed within eight lines
Those who res, the power upon judicial authority well
10 all the support which these views bring with them
And vet Of this body