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

the other property Congress, oy ms constructions cout
sell to every the right OF jurisdiction over his secon o.
quarter secton well the right of soil lteould sci
the title to man, and the jurisdiction to anohe OF poth
either 10 foreign State, to s subjects Inc pare
enuncaton OF such proposition carries WIN It's own fen-
taton. cannot deal with il subject OF augmentation
The power under circumstances to cede apotion Of the
United States IS TO say the least OF IT. very doubtful one
under constitution For myself find no such grant
Of authority that Instrument Its powers are peservalve,
not destructive. speaking of direct unquesioned ces-
sion not of the fair settlement OF disputed boundary with
foreign nation, where the question is uncertain and where
the Of adjustment establishes the true line OF demarcaton
But that the convention OF 1897 should make fundamental
provision Of the Government that might ALLEVIATE from
this country at It's pleasure and by the too It's vast west
domain the object much soctude and the cause OF
many dssensons, almost terminating in separation, Is
proposition equally at variance with political history and
with the spirit of political institutions And what still
adds the surprise which this Of reasoning Is so well
calculated excite is the fact that gentlemen who seek by
construction give Congress this unlimited power OF ces-
sion among those who contend senuousy for the
obligation and nvoaby Of the ordinance OF lIS7, and Tor
its virtual recognition by the constitution Notwithstanding
that ordinance places the ceste territory beyond any other
final disposition than that of admission into the union with all
the rights Of the original members.
The other construction which deduces power OF unlmt
ed jurisdiction from this constitutional authority o dispose
of and make needul rules and regulations concerning the ter
ritory other property belonging 10 the United States
cedes that territory here land and property but maintains
that the needfu regulation of includes complete jursdc-
ton-not only the power establish territorial governments
but to egsae for the Territories in all whatsoever
1t is not necessary TO make extracts from various speeches
to show how prevalent is this opinion of the onnpoent
OF Congress over the Territories have already referred 10
the declaration that they may be oid into sicery and
though this position the legitimate consequence of the doc
ine of unlimited iurdiction still there few who would
thus boldly follow 1t to It's just conclusion. There is how
eve SO little diversity of views upon the question ITSELF that
nothing would be gained by reference individual speakers,
where the general deductions are the
But besides the views called forth by this discussion oTn
ions have been advanced by high tribunals and by judicial
unctonares which bear upon the subject before which
are, OF course, entitled to great consideration While
ing my respect for these authorities claim and shall exercise
Inc right which belongs American Senator and indeed
TO every American cizen freely examine for myself any
point OF constitutional law, and not the less freely when
CURED to act upon the subject in this branch of the National
Legislature.
The power TO make needul rules and regulations, says
Mr. Justice Baldwin, is OF the penary kind. Rules
and regulations respecting the Territory of the United States
they necessarily confer complete jurisdiction 1t
sary confer without Limitation enable the Govern
ment TO redeem the pledges given by the old in relation
the formation and powers OF the new States do not un
derstand this necessity all. find il nowhere but in the
opinion of the judge. But while say this as have right
to DO am happy having this opportunity of Offering my
tribute of respect the memory of this able and excellent
man. knew him well in earlier and in later life and TO
vigorous intellect he united cearnes of conception and
power OF investigation have rarely known exceled and
with these qualities he carried the bench Of the Supreme
Court extensive requirements, both professional and
and purity of purpose called question. Still, while
doing this justice to his memory and TO my feelings,
differ the less from his views upon this subject The
powers of the States depend Congress than
do The powers of the DID, Both depend the constitution
Nor the States formed by Congress they formed
by the people and admitted not under this clause of the
suon nor by virtue OF pledge recent or remote bu
by virtue of the clause giving Congress p0e to admit
States noe Union. WHAT then, becomes of this necessity
as the foundation of unlimited jurisdiction II vanlshes,
and with il The jurisdiction sought TO be established.
have a're ~ Seterre c s, the Supreme Court said N
another but the reference Tor different pur
pose and extend the quotation to show whence this power IN
the opinion Of the court, is derived
''The territory, here used is merely descriptive
of kind of property the Court and equivalent TO
the word a,ds and Congress has the power ii
any other property belonging to the United States
and this power is vested Congress without limitation, and
has been considered cautious expression, by thebye the
foundation upon which the territorial governments rested
And they refer preceding opnon where the Chief JUS
ce speaking of this article and the powers growing out OF IT.
applies to the territorial governments, and call admit
their constuonay. And again, Florida while Territory
was "eoverned by that clause of the constitution which
empowers Congress make all needu rules and regulations
respecting the territory other property belonging TO the
United States The word ierriiey, the Court says
here synonymous with land" Using the synonyme, the
phrase will substantially read thus, CoSGREss SHALL HAVE
POWER DISPOSE AND MAKE NEEDFUL RULES AND REG
uLArIoSs CONCERNING THE LAND OF THE UNITED STATES
And asked believe that this guarded clause
complete jurisdiction full pocer Of legislation the land
ITSELF for all purposes, and the individuals communi
ties not only living upon it, while public property, but living
upon after ceases 70 belong to the United States, and
also upon living III seen
laid down that this power is "plnary," and that rules
regulations concerning land necessarily confer compee
jurisdiction over land and men also.
We well understand that power to sell the land Of
the Unied STATES, and TO make need laps concerning IT.
gives the right Of legislation for all purposes fairly connected
with the and sale Of that kind Of property, and
ry these objects The right survey it, to convey it, to
improve it, protect it. and to the various means pro-
pey required therefor for these purposes concern the h1nd
and the laws operate upon individuals in relation to their pur
chases and upon all others who interfere with the rights Of
property in the United States But how does murder con-
Germ the land marriage a note of hand any Of
the infinite variety of acts which pass between individuals 10
civilized communities And if they do not whence comes
the Congressional power of legislation, by which such acts
be commanded, prohibited punished The Su
Court indeed that the OF Congress Is with
Limitation but the constitution 1t Is not The con-
sution says in the first place that II must be needfu and
in the place that it must the d and both OF
these inunctions limitations and guarded ones, upon
the exercise Of legislative power Neeu not for all pu.
poses not general jurisdiction but for the objects Of the
grant of power which the id and cannot be sepa
rated from it.
In paper to which shall hereafter particularly
fer and which has recently made its appearance containing
the opinions eminent statesman, r Adams, record
ed with the events which provoked his
and which bears the impress OF high state
Of excitement, this word needfu is summarily, not
satisfactorily, disposed of and actually made, instead Of
limiting the power Of Congress, extend indenitely far
enough indeed render nugaoy all the safeguards OF the
constitution. The writer of these annoatons would have
had much difficulty in reaching the Presidency than he
experienced had this latudnaran doctrine been known to
his counrymen There is nothing in whole political
history more loose and dangerous than the sentiments he has
thus left upon record As to the force Of the term need
full he says q" observed relative, and mus. always
= .1..A N-~Ic, n