The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-01

within its limits II Congress or the territorial lexs
a'uIs can eg'slae upon the subject of pIopert,
constitute an exception AS property merely the slave II
he eye OF The law occupies the portion OF any nanmas
hing which may be the subject OF ownership, and The
power OF legislation extends much the the
other My friend itom Virginia Mr.. MAsoN] insisted
in his argument the other day, that the true principle was
that the people OF the several States had right 10 20 into
any Territory with everything which sanctioned at
property by the laws OF the State which they may leave
concede that would be just and proper TO allow this tc
be done as general rule; but still the question remains
has Congress constitutional power 10 make exceptions
and to say that certain arcles shall not be carried into
| The Territories II Congress possesses the power !o
egsa,e The Territories as the local sovereign then
conceive like the Staes Congress may exclude from the
Territories whatever is deemed to be INJURIOUS or legis
late il should it get there The constitution
plated the exercise Qf incidental power, and such
was not expressly naled and hehce The introduction Of
the clause giving authority "tO make all laws which
shall be necessary ana proper for carrying into execution
the foregoing powers, &c The power 10 manufacture
arms Tor the army and navy il an incidental power
Now, for the reasons already assigned, have come
to the conclusion that Congress for legislative purposes
is the local sovereign OF the TerritOkes which have
been may hereafter be acquired, and, incident
10 such sovereignty, and in the absence Of all other
power to act may eeislae for the Territories as fully as
any State leg slate within limits In regard to the
District OF Columbia, BY the express grant of the cons
tuition, Congress has power to exercise exclusive legis
lation IN ailnases whatsoever Should IL be asserted
that the constitution Is silent in respect to the nature and
extent OF the legislative power TO be exercised over the
other Territories Of he United Staes then, ask if Con-
gress legsal Tor hem 10 any extent by what rule
or reasoning can the power be restricted and rendered less
comprehensive than that conferred this District and
the places purchased for the erection of ors maya
zines, arsenals, and dockyards! But am unwilling to
admit that the constitution silent in respect 10 the gov
eminent OF the Territories. 1t expressly declared III
the constitution that Congress shall have power to dis
pose OF and make all needfu rules and regulations
speeding the territory or other property belonging to the
United States. At the adoption OF the constitution the
United States owned the territory northwest OF the Ohio
river The United States then had but one Territory
II GbQ audt fha
su'ion had been rules and regulations respecting the
territories such general language embracing the whole
would have included the power to govern them in all
spects The restricted construction grows out OF The error
OF making The words "leriltory and property" in
serted in the constitution, mean the same thing think
they intended 10 communicate different ideas Con
gress, nom time to ne established different territorial
governments BY dividing the territory northwest OF the
Ohio into separate jurisdictions, and making
aiaons for the gooernmsn Of the people Of the territory
and this, 1t seems 10 me, was properly done, without vo
lence 10 the language OF the constitution AT all events
such mas been the PRACTICAL construction OF the constu
;ion from lsoo when the first division of the territory
was made down to the present time practice of hall
a century should settle the construction.
! Believing, therefore, that Congress has the con.tu-
IN every particular not expressly prohibited. until they
become States ol the Union, to delegate this power
to the legislatures OF territorial governments moth
ing TO prevent Congress from prohibiting by law the in
roducon Of playing cards and billiard tables into the
Territories Aud Yet the gam bers apparatus is property
and may be hei4y him lawfully in tie State whence he
tive powers territorial governments, such may
choose create, unless resirced the territorial leglsa
lures might prohibit the Introduction OF gaming tables OF
every description JUS, well suppress them after
they were introduced 1t is an ordinary act OF egisa-
ton The part OF all the States to make laws for the
destruction OF vicious animals, whether wild domes-
TIC Horses and cattle that cannot be restrained by Law
fu fences and dogs that Kill sheep may be put death
Indeed, very cOtnmon thing 10 talk OF imiung By
law The number OF dogs hai farmer shall be allowed 10
keep on his plantation, and am not certain but that
i III
suppose establish territorial governments unrestricted
IN these respects may they not polb the Introduction
OF every slnd oi property deemed injurious, well a-
provide for It's destruction after shall have been intro
duced II we can delegate such powers 10 territorial
governments may we not conslIiuonaily exercise them
ourselves Is the government cr,ae grealer and
powerful than creatorl May not territorial
government provde by law for Furnishing the Dissertation
ui the sabbath Who doubts II Yet tins would he to
regulate the employment Of the citizens lime Where is
the difference, so lar as relates 10 the question of gov
ernmental power, between controlling The cuxen IN
/ the use OF his time and IN the OF his property
There s none. All civilized communities, associated
under any form Of government, through all ages, have
exercised this power Regarding slaves property only
and admitting the power OF Congress or the territorial
legislature to exclude all property deemed injurious TO the
society or community under us exclusive government y
becomes question OF discretion, of mere policy as 10 the
true Interests OF the people to be governed, whether they
should be admitted or excluded. Many Of the States
nave prohibited the ntrodncon OF slaves an Tree
people of color into their terri oues My opinion Is that
Congress the territorial government possesses much
The Territory as the ststes possess over the TINE and
property Of their citizens My opinion, moreover, is,
hat we ought 10 leave ibe question OF slavery 10 The de-
OF the people Of the Territories through Their own
legislatures This government was not formed with the
that Congress should any permanent loca
authority national territory, except within this DIS
rct. aud places necessary for forts, magazines &C. pur
chased BY The consent Of the State IN which they SIT
aa,ed The federal government formed with view
to tt~ exercise OF the great national powers exPess
mentioned IN the constitution, and those OF Incidental
chae,ef necessary and proper TO the execution and nl-
lnen OF the hgn purposes and objects which led 10 the
Union OF the Siaie. This government should therefore
according 10 The spirit OF Us institution, exercise local
houty the Territories for a. short lime A. possible
4 indeed, SIR, look upon il as the imperative duty o
Congress, IN training All regulating our Territories, IN
order to "Jspos. OF them" by forming them States
aad admitting into the Union 10 establish terrific
nal govern nents, and 10 confer upon the les ssatures
Of such governments authority 10 dispose OF all loca
questions This Is acting upon the great American pm
cf,ie the right o sell-govsrnnent Let then, leave
the question OF slavery the Territories TO the people
who reside in them They TO ENJOY its blessings o
TO leel it's Let them decide for themselves and
whatever their decision be- let every other separate
muny say was their business and they had the righ
TO decide IT. Thus would be acting upon the golden rule
OF doing TO others would have them do to us
And why can not act upon the grea, American prin
and Christianity Just because have among op
posing fnclons political aspirans and ultfasis, who
for selhsh and ambitious purposes have famed tns
country into flame which threatens the very
temple of liberty One side will be satisfied with moth ina
but the positive prohibition of slavery in the Territories
and the other side will be content with nothing short oil
its positive introduction How this cIamor and con
ct be appeaseds There is but one safe common sense
pan my opinion and that il, TO suffer the people o
the Territories TO make their laws upon the subject