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

elements Of its value al ths has sss3 away where
ever the very nrst gmmeFing OF the light OF freedom has
penetrated and the stteup % revive here h among tbe
sranges oil the strange political fevulsions which il has
been my fortune, rather my misfortune 10 witness in
a long and active life.
fey passing remarks upon the practical consequent
ces OF TINS position, and leave II 10 exert what influence
u may upon the subject before u.s.
II the word Territory here includes the right of uris
d,cnon follows that i was the intention Of the trainers
sell this jurisdiction over all the western cessions and
that this clause accompshes the object for whatever be
the true meaning OF the word .tenoryn whether soil or
DOMINION q BOTH The authority granted is authority
dispose OF or sell IT. equally with ''oher property"
process Of can separate the right TO sell the
Territory nom the right to sell the "other property"
Congress- by hiscconstrucon, could sell to every
tne right OF jurisdiction over his section quarter
ton, as well as the right OF soil or il could sell the title
to one man, and The Jurisdiction to another both,
either % foreign State, or to its subjects The bare
enunclauon OF such proposition carries with ii its
own refutaiien. | cannot deal with il as a sub
ject OF augmentation. The power, under any cir
eamstances, to cede portion Of the United States.
our constitution For myself can find no such grant
OF authority in that instrument Its powers preserv
alive, not destructive. am speaking OF direct unques
TONED cesson not Of the fair settlement OF disputed
boundary with foreign nation, where the question is
uncerain and where the act Of adjustment establishes
the true line OF demarcaton But that the convention OF
government that it might ALLEVIATE from this counry at
its pleasure, and by the too its vast western domain.
the object OF 80 much solicude and the of SO
many dssensions, almost terminating in separation is
proposition equally at variance with our political history,
and with the spirit OF our political institutions And
what still adds to the surprise which this Of reason
who seek by construction to give to Congress this
unlimited power OF cesson among those who contend
most srenuousy for the obligation and nviolablity Of
the ordinance OF 1857 and Tor its virtual recognition by
the constitution; notwithstanding that ordinance places
the Western Territory beyond any other final disposition
than that OF admission into the Union, with all the rights
nj thn nrIUlna ma nhars
The other construction, which deduces power OF I'M
limited jurisdiction from this constitutional authority o
dispose Of and make needful rules and regulations
corning The territory Of other property belonging e the
United States" comedies that territory is here land and
property. but maintains that the needul regulation of it
includes complete jurisdicon-not only the power to
absh territorial governments, but to egislae for the
Territories in all cases whatsoever.
IT is not necessary TO make extracts from various
speeches 70 show how prevalent this opinion of the
have already referred to the declaration that they may be
sold into slavery and though this position is the legiti-
male consequences Of the doctrine Of unlimited jursdc-
70 its just conclusion There is, however, SO little diver
sty Of views upon the question ITSELF that nothing would
be gained BY reference 70 individual speakers where the
general deductions are the same EUa
But besides the views called forth by this discussion.
opinions have been advanced by high tribunals and by
judicial unconares which bear upon the subject before
US, and which are OF course entitled to great consdea-
ton. While avowing my respect for these authorities,
claim and shall exercise the right which belongs TO an
American SENATOR and indeed 10 every American citizen
law, and not the less freely when required to act upon
the subject in this branch Of the national legislature
The power to make neediul rules and regulations
kind Rules and regulations respecting the territory Of
the United States they necessarily confer complete ris-
dcton. Il was necessary to confer il without limit.
pledges given by the old in relation 10 the formation
and powers Of the new States" / do not under
stand this necessity at all find i nowhere but in the
opinion OF the Judge But while say this, as have
right to do am happy in having this opportunity Of Of
ferng my tribute OF respect to the memory of this able
and excellent man ! knew him wei! in earlier and in
later lie and to vigorous intellect he united clear
ness OF conception and power Of investigation have
rarely known exceed and with these qualities he carri
ed to the bench OF the Supreme Court extensive acquire
pose called in question. Still, while doing this
justice to his memory and to my own feelings, differ not
the less from his views upon this subject The powers
the powers of the old Both depend on the constitution
Nor are the new States formed BY Congress- they
formed BY the people and admitted under this clause
OF the constitution, nor by virtue OF any pledge,
remote but by virtue OF the clause giving Congress pow.
en- 10 admit nep States into the Union. What then, be-
comes OF this necessity as the foundation of unlimited
jurisdichoni II vans6es and with il the jurisdiction
sought to be established.
Ihave already referred what the Supreme Court said
in another case but renew the reference for differ
ent purpose and extend the quotation to show whence
this power, in the opinion OF the court, is derived
The term territory, as here used, is merely descrip-
tive OF one kind OF property the court and equiv
aent TO the word lands; and Congress has the same
power any other property belonging to the
United States; and this power is vested in Congress
without limitation, and has been considered Ia cautious
expression, by.theby) the foundation upon which the
territorial governments rested" And they refer TO pre-
cedng opinion, where the chief justice, speaking OF this
article and the powers growing out OF it. applies it the
territorial governments and says call admit their cons
And again: Florida Wide territory was
governed by that clause OF the constitution which en-
powers Congress 10 make all needfu rules and regula
lions respecting the territory other property belonging
10 the United States" The word "ierntoy,s the court
says, "s here synonymous with land" Using the sy-
nonyme the phrase will substantially read thus Con-
FUL RULES AND REGULATIONS CONCERNING THE LAND or
THE UNITED STATES And we are asked TO believe that
this guarded clause conveys complete juridiion, full
pop Of legislation over the land itself for all purposes
and over the individuals communities, not only living
upon il while public properly but living upon after Il
belong the United States, and also upon those
living on the same region We have II LAID down
that this power is plsnary and that rules and regula-
lions concerning land necessarily confer complete uris-
ton' over land and men also.
We well understand that power TO sell the land of
NE United States and 10 make nsedfl laos concerning T.
gives the right Of legislation for all purposes fairly
neced with the and sale OF that kind OF property and
to these objects The right to survey H. TO
convey H. TO improve IT. TO protect H. and the various
properly required therefor for these purposes
Germ he land, and the laws operate upon individuals in
relation TO their purchases and upon all others who
!eere with the rights OF property in the United States
But how does murder concern the idnd7 marriage
note OF hand any OF the infinite variety OF acts
ties And il they do not, whence comes the congressional
of legislation. bv which such