The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1854-04-07

the territory was ceded 10 the United Slales
Of America, did or did not the sovereignty
pass with The territory! Il ceased IN France:
Did il become extinct, or did II live ana
Eass 10 the United States II II passed TO
the United States, Il passed 10 the people OF
the United States. Sovereigniy-what Is
no; granted by The Constitutions in the
people. All sovereignty with us is in the
people. They parted with none, except IN
The form Of the Constitution. II il existed
in the people, TO whom DO the people dele.
gate that sovereignty How do they exer-
else that sovereien,yi Why, sir, they del.
egaie il TO the officers Of the Constitution,
whom the Constitution made; 10 the Con.
gress Of the United States, and tho Presi.
dent of The United States. What sover.
eighty they may have, so far rs they did
act upon the subject, was delegated TO The
Congr s Of the United States. ID not this
particular subject provided Tor in the Con.
s,iiuiion! Is nothing said about the Terri.
tories In the Cons,iiuiioni Do we not find
them mentioned ,herei believe we do.--
think we find il said that Congress shall
have the power TO make all neediul rules
and regulations regarding the Territories.
Mr. Cass. "Terriory or other property"
| Mr.. Fessendcn. know that il is "ler.
ri,ory or other property"
Mr. Cess. Not Territories"
Mr.. Fessenden. Well, The territory OF
the United States; because at iha, time
there was bu, one Territory. But " terrific.
ry" is a general term. II means just as
much as il j, was in the plural, aud said
Territories"
! Mr.. Weller. Does not the Senator re-.
gard The decision Of the Supreme Court oi
the United States?
Mr.. Fessenjen. Undoubtedly; we are
bound always BY those decisions, though on
one s:ie sometimes find they are OF very
lille authority; but we will moi dispute
ahou, that. am moi about TO cle cr'es.-
I am speaking Of what the Constitution pro.
viies and il declares "tte Congres. shall
have power 10 dispose of and make all need
fu rules an,l regulations resper 9 iiie
Territories or other property belonging 10
the United S.. es."
Mr.. Weller. Territory.
Mr. Fessenden. Well, territory. II
makes no diFerence-lhe territory OF The
United States. Gentlemen argue this hing
ms If that included no'hing bn, The reeuli,.
lion of the lands. l. no, that a new idea
Huw long has II existed!
Mr.. Cass. Since the decision OF The Su'
preme Court.
Mr.. Fess nden. When was that!
Mr.. Cass. Some twenty years ago.
Mr.. Fessenden. ! caunOt dispute The
gentle. Then iha: j, To say that there
is no fu er power given by that clause oi
the Cons tuition than TO take and acquire
land. Has the Supreme Court decided
that!
/ Mr.. Cass. Twill s'..,e 10 the gentleman
that the Supreme Court decided that " ier'
rilory or other property" in that connection,
meant lands. The Supreme Cou', decided
afterwards, independently Of that, that The
power To regulate aud dispose of ihe lanuo
did include The righ, of jurisdiction.
Mr.. Fessendei. What does The expires i.
ion mean, !. 10 make all nesdiul rules AIT"
:, ,ulailons!r Does il mean 10 make Tws
How oil rwise do we make rules aud regu.
lalious Can Congress speak IN any form
except in the form of laws? What does the
Constitution mean when il says that Con.
yress shall regulate" F" commerce! How!
By law. What does !, mean when II says
Congress shall "iegulae" the value o.,
coin How can il do that! BY law, by
statute. How does il make "rules and reg.
ulalions - for the government OF the Army !
| By statute. How does il make regulations
for the goverement Of the Navy! BY sta.
u,e. Congress can make no rule or resula.
ton except as law. Very well then, II
Congress has power; il SO much Of the
sovereignty and power of The people OF the
United States is given TO make laws for The
/ Territory, | should like 10 know where The
| Limitation is on ihal power 10 make laws u
The honorable Senator from Michigan Mr..
Cassl himself says That there mus, be power
10 organize the Government. Where does
he get that iom, and why do you 90 10 u =
cessiiy, when there is a po live provision
found In the Constitution OF the United
States!
Sir, I do no, deal in distractions, bu, in
plain and palrable provisions. Congress
shall have power 10 make all ncediul rules
and regulations" Is thee any gentleman
he,e who contends that The power 10 orga''-
ize and govern is nol found under this clause
of The Constitution, or If not found there, un-
der The 90 raj power which il has as pro.
prie,ary Of the land! thought il was con.
irary 10 Southern doctrine ever 10 resort TO
mere implication, when you find positive
provision in the Constitution OIL the sub
irct. ! say, then, that not only is this a
new doctrine, bul, in my judgement, il is
doctrine uufounted ~ The Consliuiio and
I say, moreover, 10 the Scua'or fom Mich.
igan, that il you carry out your !loc'ril'e o.
soualier sovereignty. rs il is called, | see
no reason why The people Of those Terrific,
ries may moi institute mOnarchlca' form ol
government, or any other which ihey
! choose. As long as they con,inne Territory;
because, although the Constitution OF ihe
United States guarantees republican TORN
Of government To every Stale, u does io'
guaranty It 10 the Territory; and u they
have The exclusive power oilegslalloi,, and
taking care Of themselves, aud re2u'a'iI':
their own concerns, ] see no limitation
upon them until they become a Slate.
am no convert 10 The doc riiIe, new ~
il is, ,ha, this provision, this re-, ic'ion upon
the slavery power, intro, luce' into ths ac'
of 1920, was Otherwise than constitutional.
believe that The similar restriction ~ Inc
Joint resolution for the annexation oi Texas
wns equally constitutional. believe iha'
the Wilmoi proviso is quite as constitution.
nj : and have al.eady said, that under
nv impressions, I would have adhered 10
| Il. know ufno other position taken ex-
cep, thai assumed By Southern gentlemen,
who say ,ha, this restriction Is at war WIN
equal rights. We demand equal rights
we wish 10 90 Into that Territory with our
property, say they. .. /,
has been exposed by tho Senator from
Michigan fully and conclusivsly. But
would AJAX Southern gentlemen. why they
canno, 90 there on n good terms a. We can,
n ih.r srn ihamselvesi Il would be per.