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

dock yards, and other needfu buildings" Here the
samss ao Ss"S sa Ss
poyed which are best adapted convey the power in
tended 70 be granted and no other power When there
nssaa rsis. and rsgaieiioss & Jot epssis whsh car.
res tar beyond the obvious mpo Of the words those
assuming this ground bound to explain why similar
was not used 10 grant similar power, and BY
what just rule Of implication phrase 50 limited ID made
to convey power 50 unlimited How is i that, inthe
same instruments fo exercise ersusvs legislation. and 70
regulate property, convey equally general jurisdiction
over all the objects Of human concernl No man has
done this No man has attempted 70 dc III and il il an
obstacle, ~ liline, which, till removed, is insnperabe
Ihave looked the discussions on this subject with
view to ascertain whence this power s derived BY the
various speakers writers who have taken part n this
controversy; and il is not little curious to anayzo the
different opinions, and to find what diversity Of sentiment
prevails respecting the true ground OF inter-
ssoa There ~ seems y Ds = soTs q cons.nfsRsoHs M y
-yersy OF views when seeking to justify its exercise by
the provisions OF the constitution. MsM
will enunerae the most prominent Of these eugges-
ons and then proceed to test them BY the principles Of
the constitution:
I The principal reliance, till recently, for ths support
y ne sesa qas Sss1
horzes Congress to dispose Of and make Al nsedful
rules and regulations respecting the territory q oher
however as the subject has been investigated this clause
has found less favor and other PROVISIONS have In sue
cesson been brought forward as ustyng congressional
interposition. Among these are- M
s. The right 10 admit new States gs5s sw1 isgs
\, A. The right to sell the public lands
S. The right OF ownership.
g. The right or duty Of settlement
a. The right of sovereignty.
N 8. The nature OF government e.s ,sss ss@M
I sio, The principles Of agency and trust slsls5
III. That provision Of the constitution which declares
adoption Of the constitution shall be valid against the
United States under 1is constitution under the
federation The ordinance Of i7S7, il is contended, is
undf
shed BY il therefore recognised BY the constitution
l2 While it is admitted that the ordinance Of 1761was
.passsd BY the old Congress of the confederation with
the clause respecting "debs and engagements continued
it, but that il chad been tacny confirmed by the adoption
Congress r sss Il 10 make nssdu rules and ssaons for
the Territory"
These various reasons are not selected here and there
from speeches and essays first separated from their nat
ural connexon and then arranged in formidable col
for the sake OF effect but they each and all Of
them urged with zeal. and doubt not with sincerity -
grounds for the constitutional action Of Congress- upon
the subject OF the Wmot Proviso. ssss. ass
Much OF the confusion which accompanies this 6tject
has obviously arisen from ihe use we nov make Ct the
ties which are organized under the name Of teSitoral
governments and considering i 90 applied in hecon-
stption Indeed, prevalent is this notion, that - ~
address Of the democratic members Of the leist1t Of
New York, dated in April 1s4s. this clause e quoted
though il read territories other property belongng %
quired political sgniicaton And this examps has bssn
followed in the House Of here ene Of
The intelligent members says ths conshgticn Aks
by time for the ordinance Of 1857 obyoualy en-
ployed the word territory descriptive OF region o cQun
Try belonging to the United States and whsh had been
thus called in an Of the Old Congress passed May 20,
as a, m o.
ing here geographical and not political; Tor gov
eminent was established there till more than tvo lau
l.- Auls al. anf
gress abound with its that sgnihcaton, proofs Of
which will be found in an act Of April l3, 1885, N an
other OF May q 1857, and IN yet another Of MAY -
the government Of the northwestern territory. Then
that ordinance providing Tor the government o. this
region Of county this territory, or iad Or doHGfn as
officials OF that period lis more appropriate poi
cal designation seems TO have been disfrie for the or
diuancs commences BY declaring .ha! the said srltoy
shall be one diari subject however TO Be dvded into
two districts future crcumstances may ~ the opinion
were each to constitute government with = governor
and Judges 10 "resde the District who are To adopt
and publish laws in the district and eventually With
laws all cases, for the good government of the dis
The territory Or region of country is thus ofe.nized
which call territories preserved this term district
as descriptive of their political organizations or been
known as colonies the English designation for rsnots e @
extended construction now given 70 this power of msmg
nsedf rules for territory land and otheS Propuy AS
in the ordinance the constitution, both eappod IN
the same year. the word territory retains ts gsoaphca
sign6caton, and il only BY time and custom thsf
sometimes came 70 political communities distinct
from the geographical region where these are established
But this use OF the term repeat was unknown at the
nme of the adoption OF the constitution. n ds.Ea.a
What then, Is the true import Of this constitutional
TO make needfu rules and regulations for the pub
lie propertyi II this question OF the hrst nm
preston, and construction to be put upon ms
cause unenbanassed by practice or precsdent Il y 20
clear In its phraseology and objects that II not proba
Bile there would be any diversity Of opinion upon Me sab
iecf II would be conceded that gave to Congress power
10 dispose OF, use and preserve the public properly
wherever situated, and TO exercise any power miry
snssdfw TO attain these objects The slightest snaysn
establishes this construction - property alone wnicn
is the subject Of the grants and Its disposition, snas
jec,s The frame OF the sentence places snis beyond
doubt The phrase "territory other properly MAKES
territory one Of the classes Of property ana w,s
here introduced far the most important o. nem oeme
the Western Territory, the great funa ocpoee8 ote
ieye the finances OF the infant conie9enn0ns ne VINO
denies this is beyond the reach Of pathological resson
fhsre are two provisions OF the constitution. and only
go which touch the property OF the United Slates One
Il the clause which we are considering and which
ans this necessary grant of power 10 the -
andhoder holder Of other property. 70 ne and dis
pose Of the At iss pleasure; and the other the
clause authorizing Congress 10 exercise like aunopy
(sxclusve legislation ike that exercised over the Dsc
Of Columbia all places purchased BY the conse3t oi
the legislatures Of the States in which the same snan