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


population and consequently in its capacity to sustain po
cal burdens the older members of the Confederacy. Sixty
thousand assumed that number and when Territory
attained it. il entitled to claim its admission into the
Union not because had reached its majority had been
trained its duties for the right came by numbers and
by time and knowledge, and might be exercised the FIRST
year, well the twentieth year, If the required population
there to demand it. The first ordinance that Of April
20, 1884, illustrates this view. Il declares
sThat whatsoever any the said States sha have OF free
iants many shall then be any one nu
of the thirteen original States such shall be adj
mtted by its delegates the Congress of the United States
equal footing with the said original States
Ohio was trained, is called thirteen years. Indiana
sixteen years. Tennessee six years. Louisiana years
and Iowa nine years and while Alabama moro precocious
than her sisters required but two years of Congressional edu
cation Michigan and Arkansas it would appear the least
gifted Of the family, each lived the life of scholar for almost
third Of cenurythe former having been trained f
thytwo, and the latter for thirty three years. But unfor-
tunacy for this anaogca illustration the Territories egsate
the machinery goes with little more relation to the Con-
gess of the constitution than to the Congress Of the Coned
Grafton.
Mr. Justice Johnson incnes also to the opinion that the
right Of acquisition may be derived from the power admit
States though he does not express himself confidently
upon the subject He says "The right therefore, Of ac-
curing territory altogether incident to the treaty making
power and perhaps to the POueref admitting States
INTO The Unos"
If the right to admit new States gives the right to acquire
ment by Congress, in order that it may be admitted into the
Unon it to that many other constitutional powers
Of Congress would equally justify foreign acquisitions in
order that these might be exercised hem Be-
cause you admit States, therefore you acquire
territory wherein to form them Because you lay and
collect taxes &c.. therefore you acquire territory where
they may be levied and collected. speaking, Judge
Johnson speaking Of the incidental and of the direct
power of Congress The direct power Of admission makes
no distinction between foreign and domestic States and there
fore sanctioned the annexation of Texas But if Texas had
been colonial possession and had sought acquire be-
fore its admission have found some other provision
Of the constitution than this to justify such action. In the
the act of admitting the exercise Of direct pow
in the other the act Of acquiring for the purpose Of ad
mission, and is therefore, incident which precedes If
may speak, instead Of following the power to which is
incidental The derivatve operates first, not
aid the operation Of the principal but to call the principal
into existence by furnishing the subject without which
could not be exercised This proposition not IN the book
Of ne constellation nor justified by its spirit objects
A. The right to SELL
5. The right of ownership.
s. The right or duty Of settlement.
Each Of these rights is assumed and advocated us
cation for the exercise Of complete jurisdiction the
Territories and place them together because they bear
near relation to one another.
have sought in vain, in the earlier opinions Of the
and in the views of the commentators the constitution any
support Of the doctrine that the rights of sale Of ownership
necessarily carry with them unlimited jurisdiction the
country to which they attached is Of the discove
hes which to this prolific controversy, and has been
urged with good deal Of zeal both here and at the other end
of the Capitol.
member Of this body in speaking of the disposition Of
he soil and of the admission Of new States, says:
Now, the right governing the Territory essential to
he efficient exercise OF both powers If the soil is
be sold and settled have the of preventing
pery vested the States would not be secure they we're
dependant upon any other authority than agency of their
for the preservation Of and order upon the do
MAN, MIR. Hunter, DoL 1, p. 9O2.
ca ~,
United States find it United States in the Constitution
ind not States which here urged for the ex
'rcise Of the general power Of political legislation such pro-
oerty is perfectly sae without calling into question any
md regulations respecting the property the United States
gives to Congress full authority adopt any proper
Q protect it and to its enjoyment till "dsposed Of"
very object is nconestaby Of the principal ends
attained by this clause Any which nterees with the
Of the public property may be and is punished under
md wherever occurs whether in States Territories with
ut the slightest reference to general jurisdiction calls
question the right of Congress to establish tribunals for
be trial of these wherever they happen but certainly
,ne may well call in question the exercise Of general urisdc
ion to protect public property expressly protected by part
# the very clause which gives rise to this extended
,uction.
Tor the exercise Of political power by Congress the Terri
ores, do not understand it at ALL know ofno seguaran-
y which enters into the sale of the public lands operate
alter they are Sold except the of title and that if
The patent the laws under which il is issued contain any
stipulation to that effect The protection Of the land after
sold wholly independent of the sale ITSELF and imposes no
obligation upon the United States than would the pro-
lection Of the life Of the purchaser.
In the neighboring hall, it was said:
Now what the neednl rules and regulations which
Congress make fairly incident territory
dispose Of Or sell the public lands is the primary object
But can this be done without government which will
the title to the settler and protect the purchaser the quiet
and peaceable possession OF the property sell him %
And therefore from the SELL the speaker deduces
incident the right to egsate, and says In this way
Justify the Legislation of Congress- which in all times past
set up restrictive government in the Territories r
hhett vol l, p. $50.
Now, sir, shall not deny that the value of the public
lands increased and their sale facilitated by the establish
ment of social and political orde wherever these lands are
found Order is of the elements which into the
computation Of the value in the mind of the purchaser But
an implied power, have seen, must bear fair relation
the specific one and be exercised only when necessary
and proper to carry a.specfc power into effect Certainly
maintain that any power may be assumed by Congress-
which would render easy profitable the
else Of another power would be strange perverson Of
shutional authority To borrow money is of the
powers Of Congress, and law which would render highly
penal the employment Of capital in private enterprise for
year or two years. any longer me would certainly
the desired loan quicker and cheaper than could be procur
ed without such provision and indeed the object might
unattanable without it. But suppose would push
the doctrine of constructive power far as 10 Justify such
legislation. And with respect to the public land the
proposed bear fair relation the object Of the ex
grant Of power The vicinity Of the Indians has great
retarded the sale of the public lands May they be driven
from their possessions for the purpose Of increasing the
value Of our property" in their neghbohood and Of pro-
noting the sale do not speak of the right make war
lusnces but of the Of orcble expulsion from their coun
nv, merely to add to the value of ours.