The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-17


nssof human n.,aIsis all The other way. How sasiIy
row and the principle Of the nsxt day large portion
OF the political abuses IN the world 10 be traced 70 this
Done 5soss' and tho. % psr-aals lie wos., state q
things. With reverence fof those who have piece-
ded should preserve on. own slitespeet and sx
better than tradition am eommeassr.es los the f,aeds
non Of our rights. We have written sonsli,aIlon 10
which we can appeal. and By whehs The aciso the gov
eminent may be ana should be tested For many years
after the adoption OF the constitution the Laws IeaisAg
the Territories passed sub sisatso. and there IL not
even tradition Of any examination OF the great ques.
ton which now divides for than thirty years
after that period And we To DC told thai The exercise
OF power under such circumstances sends for au
ihonty to the history OF legislation instead OF the book
OF the constitution Such doctrine would fasien the bank
power upon US, and with much more justice. because It's
exercise was opposed from the commencement and The
highest minds 10 the country were employed IN the con-
consideration oil the question.
| am not goirg over this subject again have had my
share in IFS discussion desire only TO submit few
marks upon OF the presented by the senator
from Georgia He has briefly adveried 10 two reasons
which he says urged the foundation of the power
of Congress TO egisaie for the Territories. Thesetwo
reasons constitute but small part Of those which nge
| nuity-l had almost said scholastic ingenuity
made or fonnd upon this OCCASION amounting, as have
already said, g fifteen IN number The two. however
thus prominently placed by the senator are these:
That the power TO egslate for the Territories is de
rived from that clause OF the constitution which author
ICES Congress to dispose Of and make rules and rsgula
tlos TOR the territory and other property Of the United
! States
2 From the treaty-making power, which gives the
right OF acquisition, and therefore the right OF legsla
ton. -
AS to the first, have nothing to say The senator
himself has before told us that in his opinion, doesot
confer the power claimed and has expressed his surprise
that any would resort to this clause for the ounda
ton OF such authority. concur with the senator IN
this view; nor do believe, if this question were now
first presented for decision to the American people,
baassed by previous action, and fully discussed and
amined, that scarcely would be found in this broad
land to contend that The mere authority 10 regulate and
sell and-or such is the meaning oil the word TERRITORY
IN this connection, both obviously and agreeably TO the
dctum Of the Supreme Court-tha that authority. say.
conveys unlimited political power the people nhab
ing the Territories. and embracing all the great objects OF
life And if such was the intention oil the trainers OF the
constitution, all have to say is, that they little deserved
that character for wisdom and perspicuty which trad
ton has assigned to them, and which believe they pos
| sessed
The senator himself deduces this power OF internal
legislation from the treaty-making power. The steps
these The authority TO make treaties is expressly
granted by the constitution. The right of acquisition is
an essential portion Of The treaty making power and the
power oil unlimited legislation essestia to the oil
the territory acquired, and thus may be exercised BY
Congress Now, sir, lei me ask the senator if this is the
true derivation Of the power OF Congress- by what a
thorty territorial governments established in those
portions of the United States which were not acquired
BY treaty. but which made part Of original territory,
as claimed by the act OF independence Five OF these
governments north and three sou ii The Ohio were in
stuted over regions more acquired BY treaty than
were the State Of Virginia or Massachusetts They
cuded within the limits OF the country recognised by
England and by other powers of the world 10 be indie
pendent As to The cessons by various States OF their
claims to land these could confer power the gene
raj government not to be found in the constitution These
cessons merely conveyed disputed rights but the power
OF Congress over them must be determined by the cons
tuition. But, passing by this subject 10 the main point
agree with the senator that the treaty making power con-
iains within itself the power of acquisition nte-
scqured-for implied powers belong to the lsgisla.
tive department only and not applicable to the
treaty making authority. You acquire by treaty
| ior that is one of the objects of these conven.
tonal arrangements among nations, stpulatons for
commerce and navigation others But there the
stuton stops The act OF acquisition is complete upon
the exchange OF ratcaons and the act of government
does not then depend upon the treaty. but the
siation The senator has presented this branch Of the
subject with great force and ability indeed he does all
others; but ! do not see the connection by which the
power OF government is bound 10 the treaty making
power The senator says that the right OF government
Is essential 70 the use oil the property and therefore we
possess it. Bat, sir do moi derive the right the
property from the treaty ling power; is derived from
express clause OF the constitution, introduced Tor this
very purpose Certainly the OF the property is, TO
say the least OF IT. legitimate consequence OF the right
TO acquire as is the power TO govern ii; and If the
power liable to such strict construction, that the ac-
QUESTION OF property would not give the right TO
and sell it, a Jortiori, il would not give the right
TO govern itstl less TO exercise over il unlimited
powers OF legislation. But, under any circumstances,
whence comes this petenson TO regulate all the internal
concerns OF distant people, without representation. and
said is necessary TO institute governments, and there
fore we institute them why pass beyond this bound
AIRY TO regulate at pleasure all the domestic
OF life! IL you found your power upon this necessary
action, you must limit its exercise by the existing
sty. To go beyond is tyranny. Now, no will con-
ead that is necessary for 10 regulate all the internal
affairs OF the people OF the Territories That is best
shown by the fact that we have done it-never
attempted TO do II reeolleci but insiance-aways
excepting this provision against savery-in which Con-
gress has nterfered to control subject purely municipal
IN ts nature and that was IN the prohibition against The
incor poraton OF banks when the mania upon that SUBJ
ect extensively prevalent and that, indeed,
not mere local queshon-for involved the interests
more or less, OF other portions Of the Union,
qnence OF Tue extensive circulation given the currency
Of those institutions do not believe that another clear
OF congressional nlerposon be found upon the
statute book Then, sir, yon have exercised this
power OF universal and unlimited legislation and yet life
liberty, and pfopeny-all the great objects OF human
cety-have been as well protected in the Territories
in the States, and by the local legislatures repeat
then, whence do you derive this unlimited claim For
II you take step in this path Of power, the whole
career open before you Grant the right 10 regulate
slavery, and you grant AT the time the right to egu
late all the other concerns Of lifethe relations Of bus
band and wife, oil paren, and child OF guardian and ward
well the relation OF master and servant including
the condition oil slavery And defy any man 10 pull his
finger upon any clause OF the constitution which ex
pressy BY necessary and proper implication, grants such
power.
rhe senator from Georgia has said that the people OF
| California had right 10 organize themselves into
State government and that there instance OF such
proceeding IN the history Of territorial establishments
the application for admission into the Unon independent
Of several in