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

growth and intellectual deyelopment OF youth TO the
gsssys Of political communities = happily
Conceived and opcby expressed for certain purposes OF
ethical illustration But wherever lis true place may be,
that place Is not here and yet il comes IRON one OF the
abest and most accomplished men among US. TO whom
we all and always listen with pleasure There is no
question oil natural moral strength or OF maJontes or
nnofes. IN the lives OF our territorial communhes
Their first organization, rs We have seen was under the
old confederation, when each State had one vote in
Congress II would have been equally lmpotc and I'M
just 10 give 70 new potlcs body one fcureenlh part OF
The power the Unon, unless contained anumber OF m
habans bearing some reasonable proportion IN popua
ton and consequently in its capacity 10 sustain political
burdens the older members OF the confederacy Sixty
Thousand assumed as that number aud when Ter
rtory attained il, IL entitled 10 claim It's admission
into the Unions NOT because it had reached its majority
or had been trained to its dutes for the right came
by numbers and not by time and knowledge and might
be exercised the first year. well th twentieth year.
If the required population were there to demand it. The
first ordnance that oil April 23 1854, illustrates this
view, Il declares:
That whatsoever aay otho said States shall have free
inhaants, many sh All thenbe in any The least
OF tho thirteen ginai States such State shah be
admitted by It's delegates the Congress Of the United
Sa,es an equal ooting with the said original Sale
Ohio was tranel, it is called, thirteen years, Indi-
ana sixteen years. Tennessee six years. Louisiana
years, and Iowa nine years; and while Alabama more
precocious than her sisters. required but two years OF
congressional education, Michigan and Arkansas il
would appear the least gifted OF the family each lived
the life Of scholar for almost third OF century
The former having been trained for hirtytwo. and The
latter for thirty years But unfortunately for this
anaogca illustration, the Territories egislae for them
selves. Congress organizes the governments, and the
machinery goes on with little more relation 10 the Con-
gress Of the constitution than TO the Congress OF the con-
MI Justice johnson inclnes also to the opinion ID at
the right OF acquisition may be derived from the power 70
admit States, though he does not express himself
confidently upon the subject He says The right there
fore Of acquiring territory altogether incident 70 the
ing ned Siaies into he Uaion' Z hs
the right 70 admit new States gives the right to ac-
axyifn IN
its government by Congress, in order THAI may be ad
mtted into the Union, il to me that many other
foreign acquisitions in order that these powers might be
exercised over them Because you admit States,
therefore you can acquire territory wherein 10 form them
acquire territory whore they may believed and collect
ed. am speaking as Judge johnson was speaking, OF
the Incidental and not Of the direct power Of Congress
The direct power OF admission makes no distinction be-
tween ioreign and domestic States and therefore sane
toned the annexation OF Texas But il Texas had been
".
vision OF the constitution than this to justify such action
In the one the act of admitting Is the exercise of
purpose of admission. and is, therefore, incident
which prccedes, If may speak, instead OF follow
ing. the power to which is incidental The derivaye
operates first not as means 10 aid the operation OF the
principal but TO call the principal into existence by fur
nshing the subject, without which il could not be exer
tios nor iassd By is spirit ito Or Objects =
A. The right to sell af8l a ls Hs 1gasE#a. F,,t 4l
s. The right Of ownership aH IA
8. The right or duty OF settlement
Each 81 these rights Is assumed and advocated as a
justification Tor the exercise OF complete jurisdiction over
the Territories; and place them together because they
bear near relation to one another. 8 al54
have sought in vain, in the earlier opinions OF the
COURTS and in the views OF the commentators the con-
stuon. any support Of the doctrine that the rights Of
sale. of ownership, necessarily carry with them
limited jurisdiction over the country to which they are
attached II is one of the discoveries which to
this prolific controversy and has been urged with good
of here nd nj he fhprp af
toll ra
member Of this body, in speaking Of the disposition
Of the soil. and OF the admission OF new States, says:
snow, The right Of governing the Territory is essential 70
tho efficient exercise Of both powers II the soil Is ours to
be sold and settled we must have the means Of preventing
trespasses and keeping the peace upon it, The rights of
property vested in the States would be secure hey
were dependant upon any other authority than an Al hcy
the domain M. Hsnter. vol. i. ). 900, nm III
So far sir respects the security Of the property Of
ns u sna S md United states IN as M
the exercise of the general power OF political legislation
such property is perfectly safe, without calling into ques
needful rules and regulations respecting the property Of
the United States gives to Congress full authority TO
sdGp, any 's protect T. and to secure is
iesably OF the principal ends 10 be attained by this
Any act which interferes with the use OF the
public property may be- and is punished under III and
wherever IT occurs, whether in States or Territories,
without the slightest reference to general Jurisdiction, no
calls in question the right oil Congress 10 establish
Tribunals the oil these wherever tney
happen but certainly may well call in question the
Exercise OF general jurisdiction 10 protect public property,
expressly protected by part OF the very clause which
gives rise TO this extended construction. \, e.9
As to the guaranty which the speaker invokes as a
reason for the exercise Of political power by Congress
the Territories do not understand il at all know
Of no guaranty which enters into the sale OF the pub
lie lands to operate after they sold, except the
rance of title and that, II Il exists is virtual and not
express condition. neither the patent the laws
under which il is issued contain any stipulation that
effect The protection OF the land after sold is wholly
independent Of the sale itself and imposes no obli
CATION upon the United States than would the protection
Of the life Of the purchaser. N
In the neighboring hall, IL was said so lff
Nov what the needl rules and regulations which
Congress- may make fairly ncdent territory prop
ery1 To dispose Of sell the public lands 10 the primary
object But this be done without government, which
viii the tide the sser and protect the purchaser
in the quiet and pesceabe possession OF the property we
sell him And therefore from the power to sell, the
speaker dences incident the right 70 lcgislae and
says Sin this way Justly the OF Congress- which
In all times past has set restrictive government IN the
Terrtories."--Mr Rhsft. vol !, p. 6o6 siafl Is
Now, sir shall not deny that the value OF the public
lands increased and their sale facilitated by the estab
lshment OF social and political order, wherever these
lands are formed Order Is OF the elements which
enters into the computation OF the value in the mind Of
the purchaser But implied power, we have seen,
must bear fair relation 10 the specific one, and be ex-
ercised only when necessary and proper TO carry
specific power, into effect Certainly to maintain that any
power may be assumed by Congress, which would
render more easy or more profitable the exercise oil
an0ther power. would be a strange perverson OF con-