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


be sort OF consenaneous admission that the power exists
but then comes the diversity Of views when seeking to justify
lis exercise by the provisions OF the constitution
will enuerate the most prominent of these suggestions,
and then proceed to test them by the principles OF the const
tuition
L The principal reliance till recently, for the support Of
this general power OF legislation has ee that clause OF
the constitution already quoted which authorizes Congress
TO dispose OF and make all needa rules and regulations
specng the territory other property belonging to the
ted States More recently however, the subject has beeh
have in succession bsen brought forward usng
Congressional interpostion. Among these are
2 The war and treaty-making powers.
3. The night to admit new States. @
h 4. The right To sell the public lands.
s. The right of ownership
6. The right or duty Of settlement
Z. The right OF sovereignty.
g. The nature of government.
8. Nationality.
TO- The principles of agency and trust.
H. That provision Of the constitution, which declares that
" all debts and engagements entered into before the adoption
Of the constitution shall be valid against the United States
under this constitution under the Confederation The
ordinance of I7a il is eonended,is M these engage
men and the Governments established by it therefore
recognised by the constitution.
H. While is admitted that the ordinance Of l7S7
passed by the old Congress of the Confederation without
authority from the States conended not that the clause
respecting debs and engagements confirmed IT. but that It
had been ,acy confirmed by the adoption of the present
constitution and the authority given to Congress TO make
needful rules and regulations for the territory"
These various not selected here and there from
speeches and essays first separated from their natural con-
nexon, and then arranged in formidable column for the
sake Of effect but they each and all of them urged with
ZEAL and doubt with sincerity grounds Tor the
stuiona action Of Congress upon the subject OF the Wimo
proSlso.
Much of the confusion which accompanies this subject has
obviously arisen from the make of the word
"terrt0ry applying it TO those political communities which
organized under the OF Territorial Governments. and
considering it applied in the constitution. Indeed
members Of the Legislature of New York, dated in April
lS4s, this clause is quoted though it read territories
" other property belonging to the United Staes thus FIX
ing upon the word its acquired political sgnhcaton And
this example has been followed in the House of Representa-
tives where of the intelligent members says, "he
constitution speaks Territories belonging othe United States
This by time, for the ordinance of 1887 obviously
employed the word territory descriptive Of region OF coa
try belonging be the United States and which had been
ceded them by the members of the confederacy The
" western territory" its popular designation, and It is
thus called act Of the old Congress passed May 20 1885,
entitled ordinance for ascertainpg the mode OF dspos
ing Of lands in the ,reen territory The meaning is here
geographical and not POLITICAL for government was estab
shed there till more than two years after this period And
the proceedings Of the old Congress abound with its use in
that sgni6caon, proofs Of which will be found in act OF
April 49, 1885, another Of May g. 1884, and in yet another
Of May H. of the year, all before the passage of the
ordinance for the government of the northwestern territory
Then that ordinance providing for the government OF
this region of country this te1rory dld, DOMAIN,
is ndiscrimnatey called in the legislative and other Of
fetal of that period Its appropriate political 6esg
nation have been "distc for the ordinance
by declaring that the said territory Tor region of
country for the purposes Of government shall be district,
subject however be divided into two districts future cir
in the opinion Congress, makeitexpeden
And these districts each constitute government with
governor and judges resde in the district, who TO
adopt and publish laws in the district and eventually with
partially elective legislature have authority to make laws
in all cases for the good government Of the district So
The territory region of country Is thus organized INTO
hal
call territories preserved this term district as descriptive
of their political organization, or been ksown as coones the
English designation for POSSESSIONS should Poba
bly, have heard Of the extended construction now given
this power OF making need rules for territory or land,
and other PROPERTY As in the ordinance, so in the constu
o both adopted in the year. the word territory retains
its geographical sgnicaton and it only by time and
custom that it sometimes to mean political communities,
desnc from the geographical region where these are es
tabshed. But this of the term, repeat, was unknown
at the time Of the adoption OF the constitution
What then, the import OF this constitutional power,
to make needu rules and regulations for the public property
II this question of the first IMPRESSION and oonstruc-
ton to be put upon this clause unembarrased by
practice precedent it is clear in its phaseoogy and OBJ
ec that it is not probable there would be any diversity OF
opinion upon the subject 1t would be conceded that gave
to Congress power to dispose use and preserve the public
property wherever situated and exercise any power fairly
"needfui" to attain these objects. The slightest analysis
establishes this construction II is property alone which Is
the subject of the grant and its dsposon and IN connexion
with that use and preservaon the objects The frame
Of the sentence places this beyond doubt The phrase
rtory other makes territory OF the classes Of
property and doubtless here introduced far the most
important Of them being the Western Territory the great
fund destined relieve the finances of the infant Confede-
ration He who denies this beyond the reach Of phoog-
| cal reasoning
There are two provisions OF the constitution aud only two,
which touch the property of the United States. One the
clause which considering and which contains this
necessary grant power the Government landhoder
holder of other property and dispose OF the same at
Its pleasure and the other the clause authorizing congress
ito exercise like authority Exclusive legislation like that
exercised the District of Columbia all places pur
chased by the of the Legislatures of the States In
which the shall be situated for the erection OF forts,
and arsena dockyards and other needfu build
/ ngs,"
enable Congress and control the property
the United States wherever situated in order that il
be applied its proper without the necessity OF resong
other legislation and the other to exercise jurisdiction over
all persons living in their forts and Other buildings, in cir
where such jurisdiction is necessary and ac-
cordngy ceded by the proper authority The one provision
is universal applying wherever the United States have pro-
pery The other is applicable only to places held for
ca Objects and where cessons of jurisdiction are expressly
made.
Now, it is manifest that if the power TO make needui
rules and regulations conveys general grant of Legislative
authority then the express clause for the exercise OF urisdc
ton with the of the States unnecessary and the
Government of the United States wherever it proper
y possesses by the act of ownership complete legislative
jurisdiction within lis limits.
For to be observed that this power dispose OF and
make dul rules and regulations attaches to the public
property whether found in the States Territories and is
Ell, Sold And consequently the people living thereon
subject leasation. placed