The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-03
CITY OF WASHINGTON WEDNESDAY MORNING APRIL 3, 1850

ave power OF the United States rs not only specially ue-
ned but is made supreme; and therefore, when con-
cted with the legislative power OF the States no addi-
tona saving clause needed Tor It's protection be-
sides know the fact that claim on the part OF he
United States to the power oil local legislation was IN
volved In the dispute Thus. whether consider the
mere phraseology OF the instrument the subjects upon
which the power OF Congress may act the charastef oi
the power given, the reservation OF rights express
ed in the pToyiso clause find in each and all
mon meanings meaning which defines the entire clause
relating 10 the territory solely property belonging
to the United States and though we might otherwise
give but little weight TO grammatical construction
OF the paragraph, yet the fact OF its concunng so'pre
cisey with the general scope and OF the consu-
ton should render II conclusive.
II true that the power oil local legislation given to
Congress in relation 10 certain places but these places
distinctly named and the territory o the Union is mol
would have been il among The ess And because
II was not named, we are now 10 hunt up some other
ause and imagine that the power was hidden here-hd-
den, TOO under VIVA. we must & assume % ps loose ana
other matters. Men do not generally reason So nor is
II natural that they shoala Are we 10 suppose that,
after careful N q petty PLACES In IN which
tuition left the power to doubt and msconstruc
ton, when considered in relation to the vastly more
important regons-he Territories Of the Union' Were
they particular and exact in relation to small matters,
but careless and indifferent in regard to great ones
The instrument itself warrants no such belief. Its
language is precise and clear. The man who wrote il
knew and understood the force and meaning OF every
word "Having rejected redundant and equivoca words,
(sad he) believe il TO be clear language would
permit" The men of 1889 were jealous OF the power
which they conferred upon the general government.
They gave il but what they believed absolutely
required, and they particular and exact relation
to the form IN which the powers were conveyed and
believe they meant precisely what they wrote. Their
words limit the power of Congress the Territories
the power OF making rules-needu rules, such
cessty required. But there conclusive reason why
the Territories not and could not be included
among the places over which Congress might exercise
that power. The functions OF the general government
were intended to be exclusively national in their charac
but s cors. aoa ss n a o be the 1s
with the power OF exclusive legislation in the ten
miles square; and it was supposed that its me-
cessties would demand like control over forts,
arsenals, and dockyads though even IN these cases
it was granted as contingency, dependant, for the
acquisition OF their territory upon the consent OF the
legislatures OF the States within whose limits they might
be- But in the character OF the Territories there is nothing
which could render similar power them necessary,
either TO the safety OF the government to the exercise
OF any OF its enumerated powers-In other words, the
power is contrary TO the general objects Tor which the
government created and therefore granted only
far necessity required and the Territories were
not within the rule, they were OF course omitted Thus,
examine as we may, the power claimed has no sanction
either the letter the spirit of the law The constu-
ton the chart OF the general government lprescbes
its duties, and both grants and limits its powers and if
the power egsae for the people of the Territories
cannot be found within it, such power exists. The
letter OF the law necessary implication, alone can
grant it; and in searching for it prefer the text to any
commentary as my guide. The text shows no such
power.
If we look behind the constitution and trace the hslo
ry OF territorial acquisition by the federal government
we find that with the commencement OF the revolution.
airy war, claims put forward by different colonies,
large tracts OF country lying beyond and without both
their actual settlements and Jurisdiction The bounda-
OF the provinces dehned, and different Colo
nes claimed the same region. Each maintained It's own
and early l779 Virginia opened an
office for the sale OF such unapproprated lands. This
step gave great dissatisfaction and several OF the colonies
refused to ray the articles OF confederation They con-
tended that these lands ought TO form common fund for
the benefit of all the States, and in addition, urged that
the possession OF such large tracts would render any
State too powerful for the safety OF the rest Congress
endeavored settle the dispute, and recommended cesson
OF the lands the federal Unon and hnaly TO satisfy all
parties and TO promote the desired object that body on
the 10th OF October, $780, resolved, ha the unappro-
priaed lands that may be ceded Telinqushed to the
United States by any particular State shall be disposed Of
for the benefit OF the United States and be set
tied aud formed into distinct republican States. which
shall become members OF the federal Union, and have
the rights OF sovereignty, freedom, and ndepend
the other States" and "ha the said lands shall
be granted settled at such times and under such rsg
iatioas might be made by Congress-" To this resolu
tion Virginia finally confomed her deed Of cesson and
Congress assumed the power to carry out The agreement
Whether II legally possessed under the articles OF con-
federation was subsequently doubled. Mr. Madison,
we know, emphaticay denied It. In the formation OF
the constitutions, well in the adoption OF the articles
OF confederation, attempts were made TO settle the gen.
era question Of ownership and power over the Terrific
When the constitution was formed, il became neces-
sy TO remedy the defective power OF Congress in regard
TO the Territory then held by cession from Virginia.
The resolution pledge OF the public faith. To
redeem it, Congress needed the power 10 dispose OF the
lands in that Territory common fund.- the power TO
make regulations in order that they might be settled and
the power require them TO be formed into distinct
publican States and as no one could object TO this, the
proper provision was adopted, with general saving
clause IN relation TO the rights OF parties TO the old dis
pute.
Here then, stands the history OF the case In 1850
Congress pledged itself to dispose of all lands ceded to
the Federal Union. so as TO form a common fund.- TO
grant, them TO be settled, and TO form them into
dis inct republican Staes In consequence OF this in
1884, Virginia ceded the Territory OF the Northwest and
in 1859 constitution formed, which, upon this
subject merely conferred upon Congress the power 10
dispose OF, and make all Deedful rules and regulations
the territory other property belonging 10
the United States" And with these facts before us,
who can doubtl The grant OF power follows the very
words OF the resolution OF 7s0fo dispose Of, and %
make regulations; 10 dispose Of as a common fund,
and 10 make regulations the lands TO be settled
and even the power 10 make the regulaiions-lmited
to such might be needful for the object in view
restrained to The lowest degree which could enable Con-
gress fulfil the terms upon which Virginia made her
cesson-barely the power to redeem the public faith
speak OF vrginias cession, because that embraced
the only territory then possessed by the federal Union
The strip ceded by South Carolina was unimporant II
only Virginias cession which held in view; and
il is only territory" in the singular number. that Is
the subjects Of that instrument arranged exhibits the
train Of thought in its formation, and shows how literally
the resolution of 17S0 copied Its next succeeding
lines guarantee republican form OF government TO every
State in the Union SO stand the factsso reads the his
tory this subject They mutually The writ
constitution conferred power Congress in regard
to territory except in relation TO the old northwest and
in regard TO that, II defined and limited II 10 specific and