Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-03-07

tuition which empowers Congress make neeu rule. ana s
aa"'' respecting the Territory and other property " e'S'
Again. he says,
. 10 right govern may be tho inevitable 81 no
the power derived, tho /: uEquesrnea
u wae In this that he decided In favor Of the vala'
Of tho nc OF the Territorial Legislature, creating udss 10
term OF four years; und lie did 1t upon The gTcnhd a
the Constitution did apply 10 Florida in lis ierfi'oha
condition, but because these courts mol cons'luo
AL bat Legislative COURTS" The decision was, inst lh
provision 10 The Constitution in regard 10 Judicial Fo"t
did not extend to the territorial judges No, becaus' Gon
gross exercised power ia The Territories Independently o W
stiluIon but because that instrument Congress
power by one measure in The States aud another ln e t
ories According 10 Judge Marshul Congress, in ess
llnG for the Terrilocs exercises the combined powers
the General and State Goverament II was In n'S il
capacity that these territorial judges created and
was in this point OF view that the law creating them Wa;
held valid.
In decisions since that mo tho Supreme Court hes NOR;
than decided that the Constitution exondo 10 the Ter
rlIores.
In tho case Of Po.rds lessee agains, Hogan g Howard
22) Mr. Justice Mckinley in delivering the opinion OF Tie
Court sald:
Every constitutional BY tho viii o,.
on the the enactment snd when passed. ns
he ubccs ma'ter in whatever su'o Territory may aFpe'
to bo.'
Again, he saye. tp. 225)
hold subject the Constitution laws Of it,
and not s:c%rdnS those o. ,h s Ss' G
In Stade ct a. Graham no Howard p. S2) Judge Ia
noy. In delivering the opinion of tho Court, says;
"The Constitution in the Of the or aaopea
sary be regarded a, to IT, AMI bound BY n s'sG IL e
supreme Law thoug the CnllrI
But Judge Marshall bo right In saying that Ihc term
United Stotcs Is "te name given 10 our great hepun1
which ia composed Of States and Territories, then the Co,
sti,uon In declaring itself "he Constitution Ct he unlted
States extends Itself over tho whole area o States ana
Territories.
But there Is smpo canon of construction which think
will explain and reconcile these difficulties which nave been
raised with regard 10 The OF Congress over e icrti-
toes and without the limits OF the Satee. is this
That In implying all powos necessary and proper 10 carry
the granted you Imply by one RUE IN e
and by another In the Terrloresin the States by cr
stcler rule because the powers not exercised py e uene
raj Government be exercised by the Staes as CON
s,rucvely provided that shall be construed strictly
against The santo But regard TO the jurisdiction ot
Congress upon the high and in the Territories In M
plying what necessary proper IN order TO car
ry the granted powers would nc proper 10 uppy
much liberal ruo o! cohstrucilGn Than SHOULD De ep-
psd 10 The Siues Thus that this Government oon'
stsnty exercises by implcson jurisdiction over persons
and things upon the high cannot exercise In The
Ststee. But upon this power there lnniiao"s-t ID
net has been eaid absolute anywhere either upon the
high In the Territories. The limitation Is that Con-
gess do nothing that the Constitution foEbds 10 dr
DO nothing that nereres with The equal rights oil the
States II could not for Instance, say that upon TIC hsh
Salee but would protec, lhat OF the savehnijin2
Sate tha, II would protect the coal and iron of Penn
syvaua and not The proiuct OF slave aoor-the cotton
gar rice Of the Souh indeed It's property OF my 6ind
or description. Nor coue H. u3dcT the peenco OF eXerc
sing powers In The Territories upon the high go usf
them as 10 do Indirectly within lie Sa,c3 what II would
not und could do directly. IL could not II The Terrific
es, even II lrto ad been no positive prorisicn IN hc Con
etnon 10 the posl aad duties belns uniform In the
Uned States Il could have laid duties within the Satct
and the Territories; because have dose woult
have incrf,red with the equal rsns Of the SuIes in dls
hullng tho benefits Of commerce unCquar amongst them
Nor could IT, under perenC Of leg:laIng In The Territories
rer. no"1; n,Sss ] h tn" ,t5Sies
power which designed AcaniZs tie old slave Sa'r'
Indirect And this would io III should say I'M
The Ella avsowner should not set'e IN the o
sna az a. .%o o a,m9 .nee s
remove and leave his behind him. Mr Prosidcn
there not persons with dcc. reference TO this eod
and so greater vioece cout be douc 10 the s7ir
of lie Constitution, and the Fundamental conditions of ms
compact7 .,.,
gress has The power of governing he Ier'ores that II Is
power &c exercised, in reference 10 the rights o. t
S,ace but in reference 10 good and welfare vi the peo
ole OF the Territories Now iu exercising this power We
are confined the single consideration OF the sood at
welfare oil the people Of Tho Territories hsn say the whole
subsct OF government Ought 10 DC left 10 the peoe oil Int
Territories That The true American principle II the on
y consideration which is TO apply 10 their government o
the good and welfare Of The people OF the Ierftofcs thtf
,hey ought determine all questions in regard 10 their do
mesc institutions and laws But In my opiuon tns gov
ernnent Of these Territories ought 10 be administered vi"
the double object OF securing tho rights OF tho States as vel
Of the people OF the Territories, and 10 there las
should be all the shts Of Beltgofcrnment ~hlch arr
consistent With the Limitation that they shol not interfere
with the equal rights of tho States violate the proviaon
Of the Constitution. With tose mita lions all the powe
that could possibly be given tho people OF the Territory
fought given them that portion OF the power Whlcf
to be exercised with view 10 their interests ought 10 b
exercised they ws H. That 10 my opinion Is The ttu
principle. ,,
Quhoy for tho opinion that The people OF tho Territories
have so of natural right exercise all power within
hoso Territories II is not my purpose TO raise an iseue up
question do not mca" 10 argue IT, do not ~i'l
10 raae an Issue with tho friends U this b with los
whom am assisting. and who assisting TO puss th
measure Nor will do It unless II should be absolutely ne
cessary which s mol now tho case For happily inc Oil
ka nd ,u h,I Ih,cax
entertain such opinions have referred to- but by those
also who entertain opinions like my Tho bill provides
The Legislatures OF lheso Territories shall have po~e
10 lepsatc over all IGhul subjects OF legislation coDss
tenty with the Con.tution And u they should ASSUME
powers which are thought TO ho inconsistent with th
Constitution the courts will decide that question: wheere
1t may be alsed. There 10 difference OF opinion amnnG
the friends Of This as 10 the extent OF the Limits
which The Constitution imposes upon Territorial L:gs
laurea This bill proposes leave these differences 10 IN
decision OF the courts. TO thnt tribunal am willing Il
leave this decson It trore proposed TO be 'fs
by The celebrated coulpromas u The Senator from Dea1a
Mr. CLAvros measure which, according to my under
standing best compromise which offered upoi
This su6ect OF eIavery say, them that am willing II
eavo this point upon which the friends OF the bill arc
difference TO decision ot The courts.
uasa then from that branch OF tho subject. did
desire uuds 10 IT, and would not have dono so except
save nv consistency except 10 pon! which
n my opinion Is necessary sound construction OF ih
Constitution Of the country. So far Mr. President have
boen engaged in The effort prove that legislative e1clr
sion of the slaveholder from The right oee In the Terrific
ies Of tho United Staes violates tho Constitution because
dstubs the equality OF the States lhavc also cndeavoiet
10 show that Congress feel Itself 10 be justified in disre
gardng hs rights OF tho States upon tine pTeence of gs
anR for the good of Territories alone, that then lh
question: their Institutions ought 10 DC left TO tn
people of ihoso Territories Themselves All tho principles
of popular government would require wo aro 10 be gov
ened by these last considerations If have established
either Of these points, would be good against The fnrIhe
existence OF this anti slavery restriction Bu' am not will
Ing pass from this subec without showing that the 81
preme Court itself has declared that the precise form Of lh
( Missouri restriction Is unconstitutional.
THIS Missouri restriction, SO cio2Y dam on sate
by the honorable Senator from North Carolina, Mr. BAD
eER appIias only the Territory before it Ia cUnstu
ted into State States but also afterwards Now there
arc three several decisions In which tho Supreme Cour
have deriled that limitations upon tn power Of lh
States be imposed by aDy legislation OF Congress
by their contracts The hrst case Is that c fo
ards lessee pa H,gln q Howard p 2l2 in which Jude
Mckinley delivered tho opuion Of thg court lie spss
Ing Of The cesson Of the Territory Of Alabama by Gcorg
to the United States:
M stipulation had been inserted IL tie ssr.s1
grlus municipal right Of ovsgn,! aud enihsm; dcHiin
inc such suulnu wJu hlTs berE Tcj aaj inc
raye; the UniG e. have cJns G:ional eslcn
exercise municipal s'c;ioa .orsresuty OF sunen donai
u S.i:c. essSteo, vIcopt ~ the cESss
which |, IS expressly granted"
And again, he says that
A .lA