Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-02-11
9. Nationality.
.. NATIONALITY.
10. The principles Of agency and trust.

IL. That provision OF the constitution which
declares that all "debts and engagements enter
ed into before the adoption OF the constitution
which shall be as valid against the United
States, under the constitution, as under the con-
federation" The ordinance ef 1887, il is
contended is one Of these engagements, and the
governments established by it ere, therefore, re-
organized by the constitution.
IL. While it is admitted that that ordinance
was "passed by the Old Congress Of the confede-
ration, without authority from the States" it is
contended, not that the clause respecting sdebts
and engagements was confirmed, but that it
shad been tacitly confirmed by the adoption Of
the present constitution, and the authority given
to Congress in it to make needful rules and -e-
gulations fer the territory"
Allthese various reasons were urged with
| zeal and sincerity, as grounds for the constitu-
tional action of Congress or the Wilmot proyiso
Much OF the confusion on this subject had ari-
sen from confounding '!territoryo with "territo-
ries," and the application of the former word to
political communities territorial governments,
and the assumption that it so applied in the con-
stitution, instead Of being used 10 designate a
certain species Of property Of the United States
1t was upon this misapplication, in great
measure, that the extended construction Of the
power to make needful regulations, &C.. had
been based. Take away the assumed and mis-
The true and obvious import of this power was
the right to dispose of, use, and preserve the pub
lie property, wherever situated, and exercise
any power fairly "needfu" to attain those OBJ
jects. Property alone was the subject of the
grant. The only provision Of the constitution
regulating the property of the United States.
other than that just alluded to, was the clause
authorizing Congress ''to exercise like authority
Exclusive legislation as in the District of Colurn-
bia,) over all places purchased BY the consent
of the Legislature Of the States in which they
shall be situated, for the erection of forts, maya
zines, dockyards, and other needful buildings"
The objects Of the first OF these clauses was to
enable Congress to manage and control the pro-
pefty of the u. States, wherever situated without
other legislation. of the last, to exercise ju-
risdiction over all persons living in these forts
and other buildings IN circumstances where
such jurisdiction is necessary, and is according
y coded by the proper authority the one provi-
sion was manifest then, that if the first provi-
sion conveys general grant Of legislative au-
thority, the special provision was entirely IN
necessary, because the government of the Uni
ted States would already. BY act Of ownership
possess complete legislative jurisdiction. ii
was well known that the laws passed by virtue
OF this clause relating TO the public property,
ceased as soon as the United States cease 10
own such property
Mr.. c. went into an argument to disproye the
position assumed by Mr.. Hudson, of Mass, and
others, that the power to make needful rules and
regulations, gives exclusive urisdlcton not on
ly over the property of the United States but the
individuals living thereon, also-thus making
individuals ''property.' He also cited from the
decision of the Supreme Court in the case of
the United States VS.. Gratiot and Others, to show
that the term "terriorya in the CONSTITUTIONS is
linn oC l.,
| equivalent to lands. How the Supreme Court,
atterdeciding that territory" here meant Gland"
could decide also that the power to sell and re-
gulate land includes the power of limited roiti-
cal jurisdiction, he professed his inability to
comprehend, more especially as the power 10 be
exercised must be ''needtul," and this necessity
on the face oft was incompatible with the idea
that "this power is vested in Congress without
limitation"
After a very full argument upon this point,
and some remarks upon the practical operation
Of separation Of the natural connection between
'territory" and "oher property" Mr. c. pro.
eeeded to the consideration Of the second reason,
given Tor the exercise Of a right of exclusive
legislation over the territories-the right acquir-
ed under the war and treaty making power.
The effect of the war making power upon the
right Of acquisition, under our constitution, an
inquiry purely speculative. as no territory had
ever been added to the Union by that process. 1t
was exceedingly difficult TO conceive how the
mere act Ot war, though it bring conquest with il
could permanently annex foreign territory to the
United States, without the inerposition Of some
department of the government, cons,itutonalIy
competent to Indicate the national will on the
subject and if that was so, the war making pow
could not be said to make the acquisition or in
other words, the annexation though it might af
God 4 ,,C IA ho.r l..
making power was clearly competent TO acouire
properly but the proposition that acquisition nau
rally brings with it the authority of Legislation,
was another and quite different question and
Mr.. &. went intoa review of the opinions ex-
pressed by the Supreme Court upon the question,
and an elaborate argument TO prove the negative
ofthe proposition, and to show, among other
things that the moment treaty Of cession is rat-
fed, the treaty making power has performed its
functions, and accomplished the purpose for which
it was destined. The disposition of the territory
was another question, and must be determined BY
other provisions Of the constitution.
Mr.. Z. also reviewed the opinions expressed
and arguments advanced by many. relative to the
incidental or implied powers of Congress, which
seemed to be advanced in utter disregard of the
language as well as the spirit of the constitution
These powers were, he said. strictly legislative,
net possessed by the treaty making power, but by
Congress exclusively An implied power could
not be engrafted upon another implied power
The authority was spent, when once exercised.
1t was "to make laws necessary and proper to car
ry into execution the powers vested by this con
stitution." Ifit were not so, Congress might 90
on step by step, and concentrate within itself all
the powers of the confederation and of the States.
He did not however, conceive the power of acqui-
sition an incidental one at all. 1t was a direct
one-directly included in the power to make a
commercial treaty, treaty Of navigation, treaty
of peace; or treaty for any other required pui-
ty to make treaties and to acquire territory. how
ever fat carried, either directly or by necessary
implication, Gf it be assumed that that implica,
ton belongs to the treaty-making power.) wa.
not sufficient foundation on which to rest the ac
ton of Congress. in legslating for the territories
which, position he supported by argument draw
from the past legislation Of Congress, the histor,
Of tha ,f A -. n