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

been onered Tor sale there before they had government
by congressional action And who doubts thatand may
be sold IN California which tary legislation has not
yet reached! This appeal 10 first principles with the
power 70 apply them practically e the preservation o.
Plymouth and and the beach u s@ssoSn to hs shores d
hs 40 mol say I'M a eoorax y bs
ought TO be avoided and has been avoided by legislation
originating in a strong moral necessity merely seek
by these remarks TO do that justice here to OF the
great characteristics OF countrymen. the power TO
abs and preserve social order which begins to be done
abroad-which, among other comments, written in
better spirit than usual has drawn from late leading
London Journal the avowa that San American emgra-
ton carries along with 1t the seed OF its national in
sutions, which begin to germnate as ever it
But sir what is the fact rs establish legal order is
said to be essential to The sale OF the public lands and
therefore is power to be exercised by Congress Illus
e says forcibe speaker the legislation of Congress
upon the subject Of the Territories How this siri The
principle not comprehensive enough 70 the action
tensiye regions large as some Of the original States
where there was not an acre Of public and-over what
s called New Connecticut being the northeastern portion
OF the State OF Ohio, extending 100 miles east and west
by an average OF almost fifty miles north and SOUTH and
reserved by the State of Connecticut to its in the
act Of cession, and disposed of BY IFS authority Over
the extensive tract between the Sciota and Little Miami
also in the State Of Ohio reserved BY the State of Virgil
MIA satisfy the land warrants she had issued for evou
onary services. and amounting in the whole to onethird
part OF the OF the State over seven-eghths OF the
State OF Tennessee disposed OF in the State OF North
Carolina over one fourth part of the State Of Louisiana
onefourh part Of the State Of Mssisspp and much OF
Missouri and Florida am aware il may be said that
where tracts OF public and private land are IN Juxapos
ton, would be very nconvenient to exercise urisdic
ton the one without extending it the other
Granted; but even If congressional power could be
sumed for such reason the suggestion does not meet
the where the public land is entirely separate from
the private, and where the two form different regions
without any necessary connection. 's8A 2.lsaa I'M
But. sir, this assumption OF necessary action which
claims for Congress the right OF entire Legislation over
Ia hu fhn
gess from 1857 to this day, has never exercised any
such power and therefore, its exercise is not necessary
Il
tce. between the right TO organize governments and the
right 10 exercise fun legislative jurisdiction, endeayorng
sty constructions there may be for the former. there
can be for the latter have remarked that in the
ss and y oon
preserved between the exercise OF these powers the one
the other being often referred to in convertible TERMS
and one OF our ablest members thus states the question
Has Congress the right under the constitution, tolegis
for The territory of the United States, organize govern
ments for the inhabitants residing therein, and regulate
within all matters of local and do nestle concern be-
ieve this question mot questions the speaker evidently
The power as one and the same can be sas
1, M. Dir, pot. l. p. ss2
And yet is very clear that the preservation OF legal
justicaon for the action Of Congress- if this has been
attained without the exercise OF the power to regulate call
matters Of local and domestic then the de-
to the sale of the public land, such land having always
been sold without it. The territorial governments have
in all cases conducted the internal affairs Of the Terrific
ries; and not single instance OF legislation by Con-
gess be Produced providing for the punishment OF
offences in the Territories except indeed in those cases
aa o sem
the States That peace and good order which gentlemen
consider essential 10 the sale Of the public land have
gsation repeat emphatically that not single excep
ton to this proposition to be found in the statute book
There are, indeed half dozen provisions concerning
civil rights, which have relation to the fair power oil
establishing government, but belong 10 the internal do
nestle affairs Of the people themselves, which may be
found in the ordinance Of ISL and ia the subsequent
action of Congress. But waiyng, for the present, the
objection in principle their ntroducon and granting
that Congress knew what for the benefit OF the peo-
PIE better taaa hey ad ,o ana snS una, lneie
conducted still no man will contend they were neces
sary the preservation Of order or that attainment OF
that object alone justified their introduction.
Adverting now to the right derived from ownership,
is said emphatically, ii not satisfactorily s
81 want therefofe other foundation ior legisa.ng
the Territories than the fact OF ownership in the United
States. Grant this, and all 10 granted" ga
And then follows another anaogca argument, grayey
establishing the existence OF power independent oil the
"IfI own farm or shop may, owner, pre- scribe the
conditions q its transfer another IL he does not Like my
eede 10 Se conditions then let him asde by ihe,n aud
hold his pescc"-Mr. Mawn, vol 1, p S33
Pilng Pelion upon 0ssa, the case Of manufacturing
vs.
Enlistment thus fortihes the conclusion:
Have they right, from the TACT Of ownershiP'
Would any lawyer doubt validity of such conditions,
would any sensible doubt It's wisdom and human.
ityf"-Sdms, p. S3J. ~ ~ ~ ksst
An individual has any right, which the law gives him,
10 annex conditions the sale OF his property ERGO,
the government has unlimited right OF jurisdiction,
civil and criminal the Territories, from the mere
fact OF owning portion OF the land lying within them,
and without any constitutional grant OF power. for thai is
dsclaimed by the terms OF the proposition. q H. ID.
do not introduce this argument with any expectation Of
refung it, Of essening its force. Both the one and
the other are beyond my power As "A western man,
however, living when and where the credit system for
the sale OF the public land prevailed rejoice that
Congress did not sell the land upon condition that every
purchaser who did not make payment the day II was
due, should suffer death, and "hold his peace" Had
this been might have been here this day TO draw
your attention to these considerations, forcibe in
themselves, and so forciby expressed.
Another gentleman urges the reason, but IN less
exceptonabIe terms, and condenses his view into prop
ositon, instead OF celebrating II into an argument:
1.-THE fact OF ownership imposes Congress the tack Of
government There need of any grant of power
Mr. Woodward, vol. ], p $50.
With respect to the right or duty Of settlement and its
consequences, is in decision OF Louisiana court,
quoted with appreciation by senator from Florida, that
the doctrine is thus stated
Now, very needful regulation with regard the land
OF the United States considered the subject Of properly
provide for settlement The individuals who to
settle IL must be designated, tquery but IL 10 thus In
the quotaonl and when there have been some kind
Of government given them" &c DC.
do not understand whether this act Of settlement is