The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-23

ishment OF offences against the law oi natlons VINO
regny, and who could assign OF them TO Congress
and the third to the President and Senate No man de-
MES the right OF the people OF this country to acquire ter
tory and has been settled that may be acquired BY
the treaty making power, under the constitution but lis
disposition, after such acquisition is The object OF oui
presest inquiry and all the writers and writings 10 the
be deduced from IL utterly vaueess in the decision
OF this question II belongs TO domestic poity. The
right to acquire is one thing the right govern another
The exercise OF the provided for the exercise OF
the other is not and therefore belongs o the States
respectively or to the people" All this may be very in
may be sometimes lawfully used in Judging Of the extent
OF existing power il has concern in calling pow
er into existence except II furnishes motive OF ac-
| ton for the proper creative authority
In that noble State paper issued by the Legislature of
Virginia and known the Resolutions OF l799, there
are principles laid down. applicable to the constitution Of
the United States, which should be lost sight OF
when the powers OF the government are called in ques-
on There is in whole political history no clearer
81 he hahess bearing than i Contained IN hat
memorable declaration.
II is commentary worthy of the constitution, and has
Of its gravesi principles In nothing IS this exposition
aber or clearer than in the views it presents upon The
very topics we are now considering 1t declares, "hat
the powers granted be valid is because they grant
ed and il the granted powers valid all other powers,
not granted, must not be valid " and that whenever
question arises concerning the consutionalty Of par
tcular power the first question whether the power be
expressed in the constitution Ii it be- the question is
decided Ii it be not expressed the next inquiry be,
whether It is properly incident to an express power,
| and necessary to ITS exercise
The provision OF the constitution which declares that
debts and engagements entered into before the adop
tion of the constitution shall be valid against the
United States under this constitution. under the
federation, has been relied upon granting estab
fishing the power TO exercise complete political urisdic
tion over the Territories
! The argument is thus urged:
"Ths ordinance then 1.-The ordinance of 1851
pact an engagement contract between the people OF the
who should inhabit this terrtory"-M Murphy, vol
1, p. $50.
A compact is constitutional engagement This ordi-
nance therefore, is rendered valid so far as regards
the territorial government Of l7s7, and this express
acknowledgment OF this compact by Congress after the
adoption Of the new constitution, well the recog
milton OF by the constitution, made it binding ratified it,
and cured of any unconstutonalty under the confed
Grafton which might previously have been obnoxious
lto.o-(Same, p 6S0.)
So far as respects the express acknowledgment of
this compact by Congress after the adoption OF the
constitution" know nothing, have nothing TO say
It has place in this discussion The acknowledgement
OF Congress even il any were to be found, could moi
change the constitutional nature of this territorial COM
pact is called Its validity must be tested by the
ments Territory since acquired he speaker contends)
may be governed in consequences OF the right OF acqui
ston, while all the region embracing Alabama Misss-
slpp and Tennessee, is easus omissus, for which the
constitution provides no power of government; for
have already remarked that the cessons OF the States
could not enlarge the powers Of Congress
briefly. In the first place, il is clear to me, from the
words and the context and may add, from the evident
object in view, that the clause respecting debts
raced and engagements entered into" has relation
the exercise of political power.
a the next place, the whole argument founded upon
papable error which the most cusory examination should
have detected The territorial government, established
by the ordinance OF 1887 compact. II
such CHARACTERISTIC in that instrument, though this
has been general that OF the most distinguished
members Of this body speaks of the ordinance "as
ming form o compact" l. assumes to be merely an
act by y s unsd bso s
use The local governments organized with all the pro-
visions which il in eleven sections or divisions
which occupy thirds OF the ordinance, and it would
have been perfectly absurd to declare these temporary
rangements compact between the original States and
the people and States in the said territory and forever
aterabe, unless by common consent" Why, they have
been altered time and again by Congress, without the
slightest opposition, and voice has been raised 10
object to these alterations account of this nvioaby
The judges at first appointed during good behavior
This tenure afterwards reduced to three years The
legislative council be elected by Congress from
list containing double the necessary number nominated
way to popular election The governor at first had the
appointment OF all officers but the OF the le
qured The delegate to Congress elected by the e
gislaure This election was subsequently, given to the
people These changes and there are many more in the
several governments. upon which the ordinance OF l7s1
operated are enough show that they considered
within the control of congressional authority, protected
by no character OF nvlolablity.
Calleu tue a'uceo VI Sonpaet oA iaSt
sections OF the ordinance introduced by the declaration,
already quoted that they shall orsuer remain unaierabe
unless by common consent Tney do not contain one
word on the subject OF territorial government They
relate to the permanent condition OF the country deca
ring certain general principles concerning freedom and
knowledge, making arrangement Tor the protection OF the
Indians and fixing the boundaries and providing for the
admission OF new Sates and defining their connexion
with the Union, and providing for the exclusion OF sa
very So far therefore, as respects the governments OF
the territories organized within the original limits OF the
United States, these articles form compact and they
derive validity from the constitutional clause assuming
applicable at all is applicable only to the proviso
cludng slavery But il leaves untouched the right OF the
old Congress establish governments for the territory
OF the United States which is the very question whose
solution seeking in this connexio0. The assump
ton that the original territory OF the United States
governed under the constitution by s compact engage
men is met and repeed by the fact that there
such compact relating TO the government; while there
was compact rendered valid by the constitution, which,
among other things provided for the exclusion OF slavery
that gives authority to Congress to exercise similar
then existing compact" il any, which sanctioned,
and there the power exhausted Thereafter the right
to exclude depended the right OF unlimited legislation
But is all idle TO talk about the compacts in the or
dnance OF 1857. The articles designated destitute
OF the very first elements OF reciprocal obligation There
was but party TO them The other party had not yet
come into being, rather, the other party not heard
at all for it composed OF the inhabitants then living
in the Terrorythe settlers upon the Wabash, in the
Illinois country, in the Detroit country at Green Bay
and at Prairie du Chen. These constituted the counter
party then in existence, and this compact declared
binding upon them and their descendants and rrevoca
sl..~