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

ractecs Of countrym the power 10 esabsh and pre
social ORDER which begins to be done sbsoawhch
has drawn from late leading London journal the avowa
that "an American emigration es along with the seed
national institutions, which begin to geminste
soon ever it has found permanent resting place 10
new SOIL"
But sir what the fact To establish legal order Il
be essential to the sale Of the public lands and therefore
power be exercised by Congress. jsties says for
chile speaker the Legislation of Congress upon tie subject y
the Territories. How is this sir The principle Is moi
comprehensive enough the action which has taken
place. Congress has legsated extensive regions
large Of the original States where there not
OF public and-over what called New Connecticut
being the northeastern portion Of the State Ohio extending
l20 miles east and west by average Of almost fifty miles
north and sonh, and reserved by the State of Connecticut
its use in the act OF cesson, and dsposed Off by its
thoy Over the extensive tract between the Scoto and the
Little Miami also in the State of Ohio reserved by the State
of Virginia to satisfy the land she had issued for
evolutionary services, and amounting In the whole third
OF the of the State Of the State
Tennessee disposed on the State of North Carona
oneuh part Of the State Of Louisiana one-fourh part Of
the State Of Mississippi and much Of Missouri and Florida
it may be said that where tracts Of public and
private land in uxaposton il would be very nconve-
nent to exercise jurisdiction the without extending
the other Granted but if Congressional power
could be assumed for such reason the suggestion does
the where the public land entirely separate from
the private, and where the two form different regions without
any necessary connexi0n.
But this assumption Of necessary action which claims
for Congress the right Of entire legislation the Territories
is met and reuted by the fact that Congress- from 1857
this day. has never exercised any such power and there
fore its exercise not necessary in order to dispose Of the
public land have already adverted 10 the great difference
both in principle and practice between the right organize
governments and the right exercise full legislative jurisdc
ton endeavorng to show that whatever Justification, wheth
or from necessity constructions there may be for the former
there be for the latter have remarked that in the
various speeches. DECISIONS and essays which touch this
general question: there established distinction preserved
between the exercise of these powers the the other
being often referred in convertible TERMS and one of our
ablest members thus states the question
Has Congress the right under the Constitution to egis-
late for the territory of the United States organize
mens for the inhabitants residing theren and regulate within
1t all matters Of local and domestic concern believe this
question mot questions the speaker evidently considering
and the be satisfactorily answered in
the affirmatve.-Jt1r. DiT, UoL ], p 862.
And yet it very clear that the preservation Of legal order
being the object to be attained constitutional justification
for the action Of Congress, if this has been attained without
the exercise Of the power regulate all matters of local and
domestic concern then the fact decidedly shown that such
general power not necessary the sale of the public land
such land having always been sold without it. The Terri
toa Governments have in all conducted the internal
affairs Of the Territories and not single instance Of egs
laton BY Congress be produced providing for the punish
ment Of offences in the Territories except indeed in those
cases arising out Of it's peculiar Jurisdiction conferred by the
constitutions and which applies equally to them and the
peace good
slider essential the sale of the public land been pre-
served by Territorial and not by Congressional legislation
repeat emphatcaly that not single exception this propo
sionis to be found in the satuebook There are indeed
some half dozen provisions concerning civil rights which have
relation to the fair power Of establishing Government
but belong the internal domestic affairs Of the people them
selves which may be found in the ordinance Of 1887 and in
the subsequent action Of Congress But waving, for the
present. the objection in principle to their introduction, and
granting that Congress knew what the benefit Of the
people better than they did for themselves and that these
stances OF their interference wse and wisely conducted
still will contend that they necessary to the pre-
servaton Of ORDER that the attainment of that object alone
justified their introduction.
Adverng, now to the right derived from ownership is
said emphatcally, if not satisfactorily
~ want therefore, other foundation for legsatng
the Territories than the fact ownership the United States
Grant this, and all is granted"
And then follows another analogcal argument gravey es
ablishng the existence Of power independent Of the
stiution:
conditions Of its transfer another If he does like my
conditions then let him abandon the negotiation if he
eede to the conditions then let him abide by hem and hold
his peace NH. Manu. UoL l, p 833.
Png Pelon upon Ossa, the Of manufacturing COM
pany seeking to exclude ardent spirits from establishment
thus fortifes the conclusion
" Have they not right from the fact Of ownership
Would any lawyer validity OF such condition. or
would any sensible doubt its wisdom and humanity ~!
Same, p. 833.
An individual has any right which the law gives him. to
10 safe oI MS the
eminent has Unlimited right Of jurisdiction, civil and Grim
inal over the Territories, from the fact of owning
portion Of the land lying within them, and without any con-
sutonal grant Of power for that is dcamed by the
Of the propositions @. E. D. do not introduce this argu-
ment with any expectation Of refung it. of lessening its
force. Both the and the other beyond my power
As Western man. however, living when and where the Gre
dit system for the sale Of the public land prevailed
oce that Congress did not sell the land upon condition that
every purchaser who did not make payment the day was
due should suffer death and "hold his peace" Had this
been So might not have been here this day to draw your
attention to these considerations forcble in themselves
and forcihy expressed.
Another gentleman urges the reason, but in less
ceponable ers and condenses his into apoposition
instead OF celebrating it into an argument:
"The fact OF ownership imposes Congress the task of
government There need of any grant of power.
Mr.. Woodward, UoL /, p. $50.
With respect the right duty settlement and its
consequences, is in decision of Louisiana court quoted
with appreciation by Senator from Forda that the doctrine
is thus stated
of the United States considered the subject of property
to provide for its settlement. The individuals who
settle on it must be designated Query but thus in the
quotaon and when there have been kind gov
eminent given them," &c.
do not understand whether this act Of settlement is
sdered by the court right duty nor, whichever it
may be- whether results from the constitution from the
natural obligation Of settling and cuvating the earth, laid
down by the elementary writer's If from the former, the
court should have indicated the caase which have not been
able to discover unless indeed 1t is but paraphrase Of the
power to dispose of the public property and in that
would have been far better state the proposition in const
utona language, and thus dvest il of uncertainty the
IT. however, is the elementary obligation to which
the court refers, have only say that to seek power in
49, II 4 ~ 1