The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-23

Of the coualSy, Is was recently well said BY disn-
guished member q sne nouse ~ sonseqaencs Z; e
Such acts are among those which carry human reason
with them as authoritative expositions oil constitutional
law. Since then, this question:. wherever y has arisen
cited the feelings, aad been opposed with the same
ZEAL and by the same arguments And the discussion
We arr sHfas A. LIZ IT,. hss s
large portion OF fellow citizens who little disposed
10 shut the book OF the constitution and open the book
OF the statutes to ascertain the powers OF the gov
eminent Why, sir these the very times and crcum-
stances which bring such Questions to their trialthe
very times and circumstances which written consiu
tons are designed meet and for which their limitations
are wisely provided When the public atmosphere is
unroubled the political business Of the country goes on
untfoubled aso and even without constitution, there
would be little danger of the adoption oil measures wrong
in principle or runous in practice But when the storm
comes then comes the necessity OF agent 10 guide
or to allay ii and this s the peculiar province oil the
constitution, whose obligations none deny, however they
may differ as to their extent application. He who
believes that few instances OF legislative acton'
under any circumstances, and least OF all under me
circumstances in which these have occurred, can settle
such question: evnces little knowledge Of human ma
tue Of The struggles OF adverse opinions in free gov
ernments. aa# E.
Why then have Congress exercised the power OF gov
ernng the territories and why has their action been SUB
mtted to in the absence Of any constitutional authority
Let the remarks OF Mr. Madison, on the assumption q
the same power by the Congress OF the confederation and
in which he participated give the only answer than can
be given to this question A this has been done" ne
says in the governments have been or
ganized &c., without the least color OF constitutional
authority He adds that he imputes no blame to Con-
gress, because they could not have done Otherwise;
"The public interest," the necessity q the case lmPoseu
on them the task of overlapping their constitutional au
thory AsI have already sir there are clear
indications, the opinions Of Judge Marshall and Judge
Story that this necessity Of the case or inevitable
consequence, was, in their vew one oil the grounds OF
justification for the action Of Congress upon this subject
since the adoption OF the constitution. "Perhaps. says
the Ss oS q no
the jurisdiction OF any particular State, and is within the
power Of the United States" The latter adopts the same
idea when ne says ~ must consequently pe unasl W.
without any government at all" This condition OF things
imposes the moral necessity TO which both the Congress
have yielded Now. sir. am as far as Mr. Madison
from seeking to justify political action BY the oftrepeated
plea Of necessity Il has no place in q constitutional
code. II is assumption, and nothing more nor
less But when such happens, they incur the re-
sponsblity who yield to the necessity, and must throw
themselves upon the country Tor their justification II
and their measures must fall together Certainly is the
moral duty OF any country holding distant possessions
institute governments for the preservation OF social or
power Of government as exercised by Congress It
assumed to preserve social order in distant regions and
had il been confined to its proper purpose, the institution
Of the people to be governed would everywhere
have gone on to its proper consummaon, the establish
ment Of State government without having It's validity
cumsances to call public attention to the few violations
Of the great principle Of selfgovernmen which these Or
ganc laws contained, and with one exception, these IN
references for the assertion OF great well prn
cpes founded in the English law, and adopted into
and were thus the less likely provoke investigation into
the validity Of their origin All the Territories have been
governed upon this general principle OF congressional u
Tsdcton leaving TO the people to be affected by them the
passage of laws suited to their condltiona principle not
only safe in ITSELF but familiar TO every American as be-
ng The very condition claimed by revolutionary fathers,
when they commenced their discussions with England.
The violations of il were fewdiiterent in different or.
ganc laws, and unnecessary in all-and when pointed
times, were strenuonsy objected to. as justified neither
by law necessity and therefore deriving no sane
ton from preceding legislation
Upon this subject OF territorial government Congress
began right and il is difficult to ascertain why they after
wards admitted notifications al war with the true prin
cipes Of safe legislation The Original ordinance , Of
provided that the settlers on any territory 50 purchased
might, on application, receive authority from Congress to
meet together and establish temporary e. Es
exercise of legislation BY Congress over the Territories,
there but one which derives from express grant
0 in the q and ina. grant found ~
sa s' it i ui thus the Supreme Court this
"penary powers Of legislation over all persons living
upon the public property, not only while il is public prop
ey but till il becomes State Of this Union then the
Wimo Proviso Is constitutional, and as member from
the West says, "hs government could sell the Terrific
ries into slavery"
r. on the other hand the power OF superior legislation
is deduced auxiliary TO other congressional
power, or to attribute, what not, then It's
else is limited by the circumstances to which IL owes its
origin All the clauses in the constitution, and all the
clauses OF the constitution, which have been referred
the foundation OF this power, require its exercise
solely as the means OF nsurng law and order to the pub
lie Territory That power, as Mr. Madison says, is in
suspension OF the great principle Of segovernmen
and ought not to be extended further nor continued
longer than the occasion might fairly require"
And yet this principle Of limitation, obvious and
obviously just is considered by eminent lawyer the
Senate absurd He cannot he says, conceive greater
bundle of absurdfies than proposition that territorial
legislature may exercise local powers which Congress
cannot Well, sir, those OF us credulousy inclined find
relief TO our self love thus sensibly wounded Mr. Mad
sons opinion have Just quoted. and will quote another
which carried some ioegM with II once though now il
seems good deal out OF fashion, and has become
absurdfy II is 10 be found in the declaration OF the
Continental Congress OF 1774, and thus reads The
English coloniss are entitled to free and exclusive
power OF legislation in their several provincial egsla
lures, where their right OF representation alone be
preserved in all cases OF taxation and internal poy &c
And the existence q these inaenabe rights is now de-
MED as cooly as II they heard OF for the first time
upon this occasion and the process Of argument is well
worthy OF the doctrine advocated "The major includes
the minor" says gentleman, "the greater includes
the less" says another, and Congress cannot confer
power II does not possess, says third while fourth
with becoming gravity, asks, how many Individuals
icoud eonaitute people1 How they reside 10
constitute peope1 And hop far apart 10 make them
too peopiesw They might be reduced to a triangle,
quadrangle, or a circle.
Now, sir maintain as strenuously as any man, that
n nj hufcor fataIx, -