The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-22

British Crown as equals and utterly rejected every prom
osition Tor grant Of ndspenaenee, absolute @ eoad
Vergennes to the British minister IN the presence oil Dr.
Franklin; and in this spirit was Inc treaty concluded
"between his Britannia Majesty ana me United States Of
America" and contained simple recognition OF their
independence existing nation And this recogn
ton by England no more conferred Independence than
did The recognition BY France OF oPaln q Dy any other
power. ALI these acts were merely the acknowledg
ments of national condition already existing, which
they could neither create nor destroy.
II. then, the country over which various territorial
governments were organized and congressional legisa
ton exercised not acquired BY treaty, but made part
of the United States the 4h OF July, 1916 the day
when they assumed their equal station among the nations
of the earth, and years before any treaty was concluded
il is very clear that the treaty making power including
lis operations the power Of acquisition, could not cone
upon Congress any constitutional authority TO- legsale
under these circumstances. ana aware that these con
sideracns do not touch the acquisitions made in LOUIS
ana and subsequently, without the original limits Of the
United States These cessions obtained by the treaty.
the deduction OF the right Of legislation from the right q
acquisition would at any rate be sufficiently extensive in
its operation to cover its whole exercise by Congress
But we are seeking the foundation Tor the exercise o
great political power by the national Legislature under
the constitution, and il will scarcely be denied that any
one which is not sufficiently extensive for the whole
action can nensF @ TIE Ss one nor as
over this subject The cause, to compare moral with
physical Investigations. is not proporti0ncd TO the effect
have found but two speakers who seek p draw any
else who have participated in the debate, and who
tend that the right Of acquisition carries with il the right
Of political legislation haye referred e The. whole ac.
ton OF Congress Unfortunately from the passage of the
ordinance OF l7s7. and have supported i By this view
"Under the last clause" CHE powerto make needfa
Ses snd s a ne s
power 10 govern, which is necessarily implied in the right
10 acquire, Congress- has passed laws to organize the va
t%s within Ss s "
Here no distinction is drawn between original and &C.
quired territory The phrase is. tie parions territorial
s a haze I ,s Ssgsnissd @ %
egislate from one Or the other Of the two sources
toned il is not intended 70 apply one power 70 new and
the other 70 old tertory for II the first i valid for the
pose everywhere, wherever the United States possess
ritory, matter how acquired When, therefore, the
COMMITTEES apply i to the Old territory g the foundation
apply it to all territory. and any further nyesgaton
this point becomes unnecessary. The distinctive Is
merely for the purpose Of expressing doubt as to which
OF these powers the right to acquire or the right to make
needfu rules and regulations gives to Congress political
legislative authority over the territory Of the United
Siates-a doubt which commenced with the first opinion
of the Supreme Court, and which time and investigation
have done nothing towards removing. ir tS8aA
And find the same extensive application TO the whole
territory OF the United States, OF the power OF Legislation
as the consequences OF the power oil acquisition, in the
opinions OF the Supreme Court, and in the views present
ed by almost all the speakers, and among others bys
distinguished senator from South Carolina, who consd
the right OF acquiring territory" MR. Calhoun, vol l., p
S70) is, $50
One of the speakers however, to whom have alluded,
and who makes difference in congressional power,
it operates upon old or new territory justies the
OF legislation in the latter by this right to acquire
and then TO govern and in the former BY that provision
the constitution which guarantees the "debts and engage
ments of the old government, contends that the od
formed engagement within the meaning OF the
constitution. because as he says, il was declared to a
compact" (Mr Murphy, vol 1, p. 379) Admitting for
the present. what shall contest by and by that this ord.
uance has the characteristic OF compact still the diff
Guilty is before us. and we have large extent Of
"territory" where this power has been exercised and
which neither acquired by treaty" the subject
OF compact" formed by the confederation and recog.
missed by the constitution. The Southwestern Territory.
the State oil Tennessee and the Alabama Territory,
the State of Alabama, and the Mississippi Territory,
the State OF Mississippi, all governed by
gressional legislation, under the constitution and were
never governed by the confederation Whence the
power over them Not from the deeds of cesson, for
bargain between the United States and State can en-.
large the powers OF Congress- We have still to fnda
else, we have TO find third justification OF il by
more diigent search OF the constitution.
II the views contended for are correct, are driven
to the conclusion that the trainers OF the constitution
made indirect arrangement by way OF recognition for
the exercise OF legislative jurisdiction portion OF
the existing territory, while they left portion without
any arrangement at all and at the time. with per-
versy OF forecast difficult 10 believe and impossible to
explain. they looked forward TO distant acquisitions, and
made ample provision for their government
.. Another assumed ground for the exercise OF this
power is the right TO admit new States.
The purpose" tol the RICH. Of govemmen5l says
member Of this body sis 70 train nation Of leemen
and fit them share la the privileges OF this Union
Whsever this object Congress authorized
TO do. Mr.. Berries, vof. T. p 67o. 81
For myself, sir take il that The reason for the exer.
else OF this power OF government BY Congress simply
that the Territories may be governed, and not left with
out political organization, and as there pro-
vded for the institution OF BY the people Of
territory Congress has nterfered TO attain that object
have already referred to the opinion OF another
Der OF this body; bat the course pursuing requires
that should extend the quotation as he adds the weight
of his authority to this derivation Of the power 81 Con
yress ~
ield; . "ibe desperation OF the coll and
he erection OF States Now the right Of COVE nng the
Territory necessary W the efficient exercise of both OBJ
ects" - tie then states shat the most i'm.
10 its settlement and erection States To
rain up these infant unar snch institutions
may ht them 70 become membess OF confcderacy
object OF the highest importance" And he adds, that
congress dvesicd OF the power of when the
nfant community strives ut Us majority il Is strong
,omcs As State into the coaicderscy MI Hsnfe poL
|, p. 902 saI i19 si slassTlg = 4 q III III
Letme remark here sir that the phrase serecton into
new States is not to be found in the constitution The
constitutional power Is 10 "ddn new States into the
Union" This is not verbal criticism, but the cor
econ OF grave connected with the fundamental
principles OF The power 90 create States
belongs 10 the people who inhabit them the power 10
admit them into the Union belongs 10 Congress
The power of legislation is here deduced from analogy
al views furnished BY the conditions OF youth and man
hood in natural life, and by their application to the lives
Analogy never presents very safe ground AZ .reumen