The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-22

speclfc power And shis Inn plics.on Is limited TO such
Admitted AID safe rule y sease Il 'us believed
the only which has been sanctioned by and
the co6sii,uton bat depend upon an ds
ereion And this is despotsm.
which authorizes the organization Of territorial govern
Such power given In relation 70 the District
other Tentoies But this power be implied from he
specific power given to regulate the disposition Of the
means suitable 20 the end ii view IL Congress go beyond
his IN The organlza,loa Of Territorial goSssamsns
arehy, Admit tina. they may organize a governments
which shall proec, the lands purchased and provide
Tor the administration OF justice among the settlers, does
relation which be created by the local sovereign
necessarily. Of an equally limited orgin IBIS domestic
relation over which the federal can no
within any implication which can be drawn ron me
. Ss a ad 's
treated ia the constitution properly They are
made property by the local law
And how do the doctrines we have heard advanced re-
speeding this power OF implication, repeated, reiterated
indeed ill they pail upon u.s. with these canons OF
construction Let us see.
shall confne my quotations within narrow limits, and
to what has been said in the Senate, though might
tend them almost indefinitely; but the high authorities
whence they are derived supersede the necessity OF
multitude OF references.
The power ITO governl says Of distinguished
talents and character in iny opinion is implied among
qare territory this right Of acquisition l. TO BIO implied
from the necessities Of and peace of making
siy ofacquison only exist account OF end to
be secured after h Is acquired To effect these purposes
and ends the territory be controlled and governed ny
those who acquired Il the very nscesses, which just
fled lis acquisition, could not be met"
The war.makng power, and the power to admit new
States, both congressional powers, and therefore
proper subjects Tor the operation OF the clause permitting
the exercise Of powers BY implication; but the authority
to make peace belongs to the treaty making power. to
the President and Senate and is therefore not within the
reach OF this auxiliary provision and yet they all
cassed together as powers OF the same nature drawing
after them the same consequences And not only so but
implication is heaped upon implication, in violation OF
rule OF construction equally sound ITSELF and called for
by the language OF the constitution
You derive the power acquire territory" says
Der Of the Senate, who TO other high claims consdea
ton which all feel and acknowledge adds the disinc
officer OF the govemlnensyou derive the power TO ac-
qure tenitoryhowi MOI BY an express grant Of power
You derive the power govern the territory acquitted
howl Not by express grant but by implication,
power is vested Ia Cong resswhy Because By the con-
situtcn, all legislative power is vested in that body and
legislative power must beexercised in framing the organic
law of the Territory
Here, sir, we have the same power Of implication,
extended beyond its constitutional limits, founda
ton for the of congressional authority, and en-
bracing the treaymaking power its operations and
have also this duplicate implication, equally danger
Gus and unconstitutional and not only SO. but are
told that Congress has the right to legslae the Ter
rtoriesnot because that right is found in the consiu
ton, but because all legislative power vested in that
body, and this is legislative power that must be exer
csed IL BY this Is meant that Congress vested with
all the legislative power granted by the constitution is
trasn that will find opposition nor there any
But does no aid this ss,ss Of dsmoa
sration; for il leaves il found the question OF con-
gressional Jurisdiction which, whatever may be the ne.
cessy can only be exercised when is granted, and
| am at loss to know what is meant by the .enoy.
ment Of the territory as foundation for the porer of
governmgI The enjoyment OF property depends
TALLY the power to sell and regulate il, that it may
be used This power is expressly given by the consttu
tom and i it were not given could not be exercised by
the limited government created by il unless, indeed we
suppose that the clause for that purpose is mere work
OF supererogaiion II, therefore, this power required
special clause creating it, forori the power to govern
people living on the property required similar greatly
act as assuredy the right sell and regulate is less
necessary TO It's enjoyment than the right OF political
regulations gives ali the requisite control over indiyid
uas TO prevent their interference with the enjoyment OF
the property by the United States
And this is precisely what another speaker, the same
indeed who draws the comparison between the power OF
an employer and the power Of government entirely
looks when be says that the right OF acquisition gives the
on at the cfuabe nature OF the argument which the
question conveys "For what purpose does any man
9aire property but TO govern il Why does buyer pay
1.-THE property as property holderr And what has
that TO do with political legislation over numerous COM
munliies' His right OF government is what Others call
right and therefore il exists But il does not give the
other and therefore il does not exist for il would battle
human ingenuity TO discover any principles applicable 10
either and not to both, which would Justify this differ
ence in the right OF congressional action The reason
why one was omitted and the other provided for is
probably 10 be found in the circumstances 10 which
shall hereafter refer connected with the passage OF the
ordinance OF 1857. II cnsn omissus the people
alone can supply the omission; and il In the mean time
their representatives act they only from the ne
cessy OF the case and upon their responsibility their
constituents
Judge Story says: "As an incidental power the con-
stuona power OF the United States TO acquire territory
would seem so naturally TO flow from the sovereignty
conded 10 as not TO admit OF very serious question"
This phraseology does not clearly indicate what the
learned Judge meant by the constitutional popcr of ne
Untfed States 10 dcquire territory
The power Of the United States TO acquire territory il
by the United States meant the people, one doubts
though some have doubted whether they have made pro-
vision Tor that purpose in the constitution II Is in no
sense OF the term an incidental power, but direct one
nor does its existence depend on the constitution though
It's exercise does II granted, il may be put in operation
by the proper department; II withheld, the people may
provide tor its exercise whenever they see it,
But " BY the United States is here meant the govern
nent ITS constitutional powr should be deduced from the
constitution itseffrom the treaty making power for in
stance, or some other and not assumed incident Of
eighty be considered as confdsd 20 nc government: a
loose expression for high Judicial funcicnary, h re-
mains with the people; and, the word itself s not TO
from that instrument, nor from the condition itself be-
cause they considered the nciden OF sovereignty
There rights indeed, which are assumed and pow
bpra we Quf