The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-23
TIlIITY-IgIUsT COyGRESs.
FIRST SESSION.
Senate.

Senate.
| WASHINGTON, Jan %, 1850.
| MIR Dickinson, from the Finance Committee report
ed without amendment the bill to establish Branch
Mint in the city Of New York, and commended its
passage.
Mir. WEBSTER submitted a resolution asserting that
provision ought to be made by law ao wing to every
male citizen of the United States who should settle up
and cultivate the same for three years quarter
section Of public land which, however, should not be
alien ated by the settler converted except by devise
! by will. The resolution lies
Mr. DAVIS, Of Miss submitted resolution calling
upon the President for all orders correspondence
relative TO the assemblage aud dispersion OF the Cuba
exp.ditiousts copgregated at Round Island last
| mer. Adopted
MIR YuLsr introduced bill providing for a retired
! list II disabled naval officers
on motion CT MIR Foorg, the Senate resumed the
consideration of the special order being the resolution
under CONFEDERATION yesterday.
Mr. tAss having the ioor resumed aud concluded his
remarks After expressing his obligations to the SEN
ate for their forbearsnce during tedious AID dry
argument, upon the fubject under discussion he pro-
/ eseed -
s. The nature Of government.
| q Nationality
10. The princi Plies Of agency and trust.
II. That provision Of the constitution which de-
before the adoption of the constt ution, shall be rs
valid against the United States under the constitu
ISL IL s contendsd one Of these engagements and
the governments es-ssi.h-a ~ ~ .hsr.fars
i
IT, while It is admitted that th,t ordinance. was
paired by the old Congress OF the confederation,
without authority from the States,n IL Is commended
not that the clause respecting debts aud engage
uents' confirmed. but that IL :" had been tactly
end ths ori,y given 70 Congress- n r. 10 mae ns.a
fol rules and regulations for the territory
All the,e various reasons were urged With zeal aud
sincerity grounds for the constitutional action Of
Congress on the wilmot proviso. Much Of tire
fusion on this subject had arisen from confouaaing
"t,rrit-ry" with territories and the application
Of the former word 90 political communities terrific
rial governments and the assumption that IL a9-
Piled ia the constitution instead of being used to de-
sigpste certain species Of property Of the United
states IL vas upon this interpolation in a great
measure that the conjunction Of TIE poser
TO make ueedful rules and regulations &c had been
based. Take away the assumed aud mistaken pre-
nises aud tie conclu,tcn would fsIl The true "a
obvious import OF this power the right 10 dispose Of
use aud preserve the public property, wherever situated
and TO exercise any power fairly those
objects Property the subject OF the grant
The only provision 10 the constitution relating pro-
perry Of the United States other than that Just alluded
Go, vas the clsuse authorizing Congress 10
Ike authority exclusive legislation, In the District
q olumbia over all PLACES purchased by the consent
81 the Legislatures OF the States I'm which they shall DO
situated for the erection Of forts, msgarues dock
ynrdr and other Desdful buidibgsn The object Of
the fret Of these clauses TO enable Congress %
manage aud control the property Of the United States
wherever situated, without other legisstop aud Of
lest 70 exercise jurisdiction over ell psrson living
IN these forts end to,her building IN
where sueb jurisdiction l. nsee-ssry aud aeonTdBSy
eeded by the proper authority: the one provision
universal and the other special 10 Wa manifest th-n
that " the rst provision conveys general gran Of
f'lase authority. the special rrovision entirely
unu.ceseery. because the government of tbs United
States would already by the act of ownershp possess
complete legislative Jurisdiction 10 well kaoEn
tbatthe laws passed By virtue q this clause relating 10
the public property a. the uited states
oeae to own sueh property Mr.. e. vent into srxu.
msnt to disprove the position assumed By Mir. Hudson,
tf Internationally aud others that the poser % make
needfui rul's ard regulators gives exclusye ursdc.
ton rot Only over the property Of the United states
but tie individuals living thereon. also thus king
Individuals pIopsrtys' lie also from the dee.
,on Of the Supreme ccurt, In the Of the United
States We Gfstet aud others to show that the term
tsrritorym In the constiuon, f. mer,y Descriptive
Of cre kind OF property, aud equivalent TO lsnds
How the supreme Court. after deciding that terri
tory' here land" could decide also that the
power TO cell and regulate land includes the power
u unlimited political jurisdiction. he protested his ina
biiity ocompsheud more especially as the power to b,
sxsrtised nust be peedful,r ard this necessity ON
the iaee Ct it ~ss incompatible With the idea that
" this power ~ vested In Congress without lint
'atiop" After v,ry full argument upon this point
and rome remsks upon the practical operation
Il separation OF the natural connection between
"t.trttoiy and "otbsr property Mr e proceeded 10
the consideration Of the record given for the
exercise 81 right of exclusive legiatiou over the ter
r,ori.sthe right acquired under the aud treaty.
making power The effect 81 the war making power
upn the right Of acquisition vas under our consti,u.
tion inquiry purely speculative territory had
evsr been added TO the Union by that process IL was
exec, dnely difficult to conceive hos the msre Of
war. though ~ bring conquest With IT, could psrms.
nenty annex foreign country 10 the United States
without the interpo-tion Of department OF the
the rational viii on the sutect and II that vas CO. tho
war aking power could net be ssid to mske the
might afford the opportunity Ct it, bsiDg made. rhe
treaty naking power was clearly compstent TO acquire
Ircpty. bur the proposition that acquisition neces.
ssiy brings with II The authority Of legislation va,
sUCthsr aud quite n different question; AID MIR &.
vent into rtview q the opinions expressed by the
Suprsue Court upon the question az an elaborats
Go prove the negative Of the proposition aud
t. shtw, snoI other thing, that the treaty
e c.ssou is ratified the treaty. making power Ia,
peifcfued its funcon end accom- pished the purpose
ter which 70 destined The disposition o. the
Territory ancther question. aud nu.t be Ie-
t,imiptd by other rrovfsicns q the cuns.itutiou
Nr g. also reviewed the opipions expressed aud ar
gUmsrts advanced by many relative to the Incidental
sdsanced IN utter dsregsrd q the language a. we'll
90 the spirit q the constitution Ihess porers
we're, he tSit. strictly lsgistve not posses.ed By
the treaty making power but BY Congress exclusively
An implied power could net be engrsftei upon an.
ether Piled power The aathority spent when
cuce sxsTcifsd 10 was " to make laws Necessary
std rtctsr carry into execution the powers vested
by this oonsiitutor.r " " we're not 90 CONGRESS
might 90 on step w step. and concentra,e within /
ittslf al the pssere Of the confedefs ton aud n
the States Tie did net horevtr concsiys the poser
q scquisiton an incidental one az all u = "a.
rect the-- directly inoucsd IN the power 70 make 4
to makes commercial treaty. trts'y Of navigation
tr,aty q peace. or treaty Tor any other required
Iprtose lie eootendsd aiso. that this authorf'y 20
make treaties aud 60 acquire territory. however far
csrIiei ether directly BY necessary Implication,
az 70 b. sstuued that that i'm pcation belongs to-
the treaty mskisg power not sufficient founis-
ton which to the sction Of Congress In lsws.
latirg for the territories, winch posiion he sup-
ported BY Argument drssn from the past legislation