Washington sentinel., 1854-03-05

my constituents. They are the convictions OF
my head, approved BY the emotions Of my
heart, ,a9 !, sg,,s..l N. tgll3As.is }s8Asa4 ND
34AJs ssa.tt 3ai ID APPENDIX qa gf5ltYge sa
To the remarks Of Mr.. Pettit., agoA y,
q On the passage Of the, Missouri compromise,
Mr. Monroe then President, asked the written
opinion Of The members Of his cabinet as to its
constitn1ionality They unanimously advised him
that Il was CONSTITUTIONAL and he approved the
BILL o1a o1a Nisft,~.5 = 'f. flss s ss5. f:...9,s1
The following are extracts from some OF the ele-
mental writer's referred TO the foregoing speech
10 sustain the poorer Of Congress TO legislate for
the Territories on all Subjects. .tsad tes
Story says. in his work on the Constitution, VOL
8, page 1913, 1914 1875: w, 5s, sss,l ,l9f I
. 6 AS the general government possesses the right
10 acquire territory, either by conquest by treaty
il would seem 10 follow, as an inevitable conse-
gquence, that il possesses the power TO govern
what ii has SO acquired The territory does not,
when so acquired, become entitled to selfgovern-
ment and is n u subject TO the jurisdiction of any
State; il must, consequently, be underthe domin-
ion and jurisdiction ofthe Union, or il would be
without any government at all. In cases Of con-
guest, the usage Of the world is, If nation is not
wholly subdued. to consider the conquered terri
tory as merely held by military occupation, until
its fate shall be determined by treaty Of peace.
But during this intermediate period, it il exclu-
sively subject 10 the government of the conqneror
In cases of confirmation, or cession by treaty, the
acquistionbecomes firm and stable and the ceded
territory becomes part of the nation TO which II
is annexed eitheron terms stipulated in the treaty.
or on such as lis new master shall impose. II he
relations of the inhabitants witt each other do not
change; but their relations with their former SOW
eregn are dissolved, and new relations are cre-
ated between them and their new sovereign.
The act transferring the country transfers the
allegiance of its inhabitants but the general laws
not strictly POLITICAL remain they were, ,suntil
all ,raI Lx,tI tI..n rsair
q But they do not participate in political power
nor can they share in the powers of the general
government until they become State, and are
admitted into the Union as such. Until that
period, the Territory remains subject 10 be gov
erned in such manner as Congress shall direct
under the clause of the Constitution now under
consideration.
"sNo one has ever doubted the authority of Con-
gress 10 erect territorial governments within the
Territory Of the United States, under the general
language ofthe clause, to make all needful rules
and regulations What shall be the
form Of government established III the Territories
depends exclusively upon the discretion of Con-
gress." M et
w Kent says, in his Commentaries, volume |,
page 800: ,tiA aoats si.a a 93aa.
.sIt would seem, from these various congress
sional regulations Of the territories belonging 10
the United States. that Congress have supreme
power in The government Of them, depending on
the District Of Columbia nor Territory is State
within the meaning Of the Constitution, or entitled
TO claim the privileges secured 10 the members OF
the Union. This has been 20 ad5udged by the
Supreme Court nor will q writ OF error orappeal
lie from a territorial court TO the Supreme Court,
unless there be special statute provision for the
purpose. There is such provision as 10 Florida,
and there is limited provision of that kind as 10
Arkansas and Michigan, extending TO cases in
which the United States are concerned, and not
of the United States should carry into execution
the project Of colonizing the great valley of the
Oregon to the west of the Rocky Mountains, il
would afford subject Of grave consideration what
would he the future civil and political destiny Of
that country. Il would be long time before II
would be populous enough 10 be created into one
or more independent States; and, in the mean time,
upon the doctrine taught by The acts of Congress,
and even by the Judicial decisions of the Supreme
Court, the colonists would be in slate OF The
most complete subordnaton, aud a. dependent
upon the will OF Congress as the people of this
country would have been upon the King and Par
lament OF Great Britain, if they could have sus-i
tanned their claim 10 bind us in all cases whatso-
ever" fseitn srGg. 35l 3rl3l. .f.al.i. 4Ga
Rawle says, in his work on the Constitution,
pages 237, 23S: s%1ea
9 If the land, at the time of cession, is unin-
habi,ed, except by the Indians, Of whose polity
we take no account, il is in the power Of Congress
a
they may think proper. Whoever Subsequently
becomes an inhabitant, is, of course, bound TO
conform 10 the system which may be thus estab-
lished; if there be number OF civilized inhabl-
tants previously settled there, enjoying the ad-
| vantages Of particular code of laws, they have
a lust right to clain continuance of those laws.
Thus in the first cession Of this kind, which was
from the States Of Massachusetts, Connecticut.
New York, and Virginia, and formed what was
termed the territory northwest of the Ohio there
! he Erno "A Eop dion phah
tants and other settlers Of the Kaskaskas ST. Vim
cents, and the neghboring villages, who had there
tofore professed themselves citizens OF Virginia,
of the laws and customs then in force among
them relative 10 the descent and conveyance of
property; and in the treaty by which louisiana
was ceded to the United States in 1903, il was ex-
pressly stipulated that the inhabitants should
tain their ancient laws and usages
aWith these restrictions, Congress has always
been considered as entitled not only TO regulate
the form Of government but also TO reserve to
themselves the appreciation or rejection of such
laws as may be passed by the legislative power
which they may establish. In regulating the gov
| ernment of the territory northwest of the Ohio.
| which was the act Of Congress under the confed-
Grafton, and which has been the model oil most of
the subsequent regulations Of the same nature, it
is declared that the governor and judges who. un-
| Ill the population amounted TO fve thousand male
| inhabitants, were 10 compose their legislature.
I should adopt such laws Of the original States as
might be necessary and suitable 10 their crcum-
| stances. which, unless disapproved by Congress,
| should be in force until the organization Of gem
| eral assembly, which was TO take place when the
| population reached the number before mentioned.
These laws may therefore be considered as ema-
| mating from the United States, and the judicial
authority j. 10 be regarded as the judicial autho-
rity the United States"
Sergeant's Constitutional Law, page $50,
says:
aThe power of governing and egislating for a
Territory is the inevitable consequence of the
right 10 acquire and hold territory. Moreover,
under this section, CongreSs possessed and exer-
cised the absolute and undisputed power Of gov
ernjne and legislating for the Territories erected
J in Louisiana after its purchase. Congress gave
them legislature, executive, and Judiciary,
with such powers as il their will TO assign TO
these departments respectively. In assigning the
Judicial power in a Territory. Congress Is not re-
strained by the powers prescribed in the third arti'
Gle ofthe Constitution M 8S
III Purser Slamm, bearer of dispatches from
Washington, arrived al San Diego on the Golden
a md ror n. IN az. Gr,li lioh