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

'N'a'A $50
GEO W. CRAWFORD.
Secretary of War
Brevet Brig Gen. Riley, Monterey, California.
We publish below communication, signed Marius,
mastery manner points in the late message of the
President on California affairs, which we have not
touched upon We therefore ask for it an attentive
perusal-a request which il would be needless to make.
if we felt ourselves liberty to mention the of its
author.
Power or Congress over the Territoriss.
MEssRs EDToRs: Your editorial remarks in the Union
of this morning, Introductory OF the Presidents Cafor-
MIA message, induced me 10 read that production with
some concur with you entirely in the views you
express as far you CO. But there is one passage IN
the message not commented on by yourselves, which
very forcbly arrested my attention, and to which de-
sire to call public attention IT is about the middle OF
the eighth paragraph OF the message, and in these
words:
"S as under the constitution, Congress has power
make all needfu rules and regulations respecting s Ter
tory led discussions the question whether the
tern onvolunary servude which prevails In many OF the
States should should not be prohibited In that territory
Ii is not my purpose here to examine the extent or
character the power possessed by Congress over the ter
ntory or Territories Of the United States to under
take now to determine, from this very sur0asy wordsd
terrain upon this very important question have quoted
the passage, and call attention to il, for another purpose
n. %ay
has dared, by means OF an ofica! communication. TO
garbe the language Of the constitution, and thereby
as ,ac1sd ac
the capabity and surely the willingness OF the Presi.
dent, not merely TO neglect and disregard his highest
but shameessy and actively TO violate all such obliga-
tons. With the opinions Of the President, as 70 the ex
tent Of his powers or those Of Congress. am not
in matters Of opinion shall hold that 70 Be cause Of cen.
sure against him. But it is upon matter Of fact
hibited in public and official transaction the features
s 81 to Be e%nsos %
chevous as believe the motive TO have been wicked,
that aagn him at the bar Of public Judgment and ask
for his public apprehension
Read again the passage I have quoted, particularly
the words have emphasized "as. under the conshtu.
on Congress has power to make all needfu rules and
Sowp %Sa aea intended 10 Be- conveyed By
these words and what impression are they designed to
make, to the extent and character of the power OF
Congress in this connexion Obviously, that the power
over the Tsrritones las social and political commune
ties) is exclusive and unlimited This is assumed as
generally admitted and well established principle OF
constitutional law whereas the President III he knows
anything OF public affars) knows perfectly well that
large portion, IL not decided majority, OF the peo.
pie oil this country, with many Qf not mosp OF
the eminent statesmen OF both political parties at
their head, deny, dsavow, and utterly repudiae, any
such principle, and consequently the whole pestiIent
doctrine II bears in its train The disregard OF we'll
known facts, and the arrogance displayed in the assump-
ton thus pointed out must be amazing and dare say,
revolving to the intelligence and moral sense OF this en-
lightened age.
Bot, as said, do not now war upon the opinion Of
the President II is the means he has esored to- to pro-
mitigate and enforce that opinion He has professed TO
cite the constitution, and he has omitted 10 do so the
omission not being accidental nadverent but obvious
ly Intentional, and, the circumstances Indicate, with
wicked perversy OF purpose TO deceive reference to
the constitution itself clearly abundanty and undeniaby
proves this The portion OF that instrument which the
President has professed to cite is the I'd clause Sd sec
ton, Of the 4th article, and is in these words:
rhs Congress shall have power 70 dispose Of and make
other property belonging to the United States"
Compare this with the passage have quoted from the
Presidents message, and then LET any candid mind OF any
party, or entertaining any opinion as TO the extent or
character OF the power actually conferred on Congress
by this clause Of the constitution deny, il il can, the
truth OF the charge have made, that the President has
garbled the language of the constitution, resist the in
ference, from all the circumstances that unfaness, at
least ito use the mldest word0 was intended, and
gross violation OF official and moral duty has been per-
petraied.
prominence and peculiar Significance is given by the
President to the word Teriiorss"-a word not used
anywhere 10 the constitution; prominence and sgnh-
canoe which cannot be misunderstood, in view OF the
fearful agitation and the active discussion which this
whole subject has given rise say that the word Ter
riore thus used in the plural and even spet with CAPT.
tai by the President is nowhere found in the consu
ton In the particular clause quoted, (and precisely
quoted the word used in the constitution Is "srorys
in the singular, and spe with small letters throughout
in the one case used by the President to indicate organ
lied, POLITICAL and social communities; and in the other
used BY the constitution TO Indicate the whole body OF
territory as single landed estate, belonging to- not I'M
der the sovereign and exclusive jurisdiction OIL the United
But this is not all The garbling goes further and per.
petrates not only the suggso ai, BY using unauhor-
lied words, and in unauthorized Manners but perpe-
trates likewise the spprsssio ver by puposey and as
hold wickedly) emitting three important words which
dspensable to full and true understanding OF its mean
ing The omitted words are, "or other property" These
words Immediately follow the word "fsrro,u" (falsey
written "Isforss BY the Pesdent) not separated from