The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-21

that we must go for authority. The powers which il
gives this government il has all Others reserved 70
the States respectively the people. IT. therefore,
stand 10 the relation Of guardian towards the people OF
the Territories II must he because this constitution has
made them our wards and when am shown the clause
in the constitution which makes them So either in express
language, on by reasonable Interpretation construction
viii consent that we assume guardianship over them
Untii am IN view OF my duty To the country and 10 my
conscience and Of the oath have taken support the
constitution must limit my action TO the exercise ofsuch
powers as can find within that instrument
Let us see briefly, what they this particular sub
jeet OF slavery in the Territories.
And first it must be observed that the power of Com
TO eesae for Territories the subject Of svayery
be SUPPORTED and is attempted 10 be supported only
upon the ground that have peDary power TO legisate
for them in all cases. and upon all subjects whatsoever in
other words that those living in Territories have right
of seif-govemment whatever. No man, far as have
heard or seem has put upon any other ground Nor
be put any other for there subject of legislation
ernments than that of slavery give single example
from among many of the claim of this power In the LAM
gaae Of distinguished SENATOR uttered few weeks since
in the other hall Of this Capitol. lie says:
~ hah with the honorable senator Indiana, tMr,
PErrIr that the oeers Of Congress The territory y M
United States have right to form their
right if we please, goresn them oarues, aoa g,otng
them any distinct organzaion and eceroise such doinon
them IN e Judgment cf Congress shall be rise just and
reasonable"
"Wih Lord North,' he might have said; for Lord
North discovered this relation Of the colonies to the mother
country long before the distinguished senator's and should
have the credit of it.
According to this doctrine, all the minute relations Of
life the family relations the business relations, the muni-
cpa relations Of the people OF the their IN
terests in short which the subject of legisationarc
within the power Of Congress- body in which they have
Representations the people OF the Territories themselves
have power right Of legislation for themselves cA-
cep what may graciously deign TO give them we who
Of their representatives in whose election they
have had part They have no right OF sef-goyernment
| they are our subjects bounden to obey our viii
Let examine this doctrine let what warrant
find in the constitution for this idea that an American
citizen when he steps outside of the lines OF the States
though vet upon American soil loses the right Of self
government altogether and subjects himself in all things
the power Of government in which he is not represent
ed, which he has had part nor lot in choosing
There two clauses only of the constitution believe
under which this extraordinary power sought TO be de-
rived. One is that eanse which empowers Congress ia
dispose Of and meke all ncedfu rules and regulations con-
cernipa the territory belonging to the
United States The o,eris the clause the close of the
enumeration of the powers OF Congress- which empowers Il
make all laws which shall be necessary and proper fol
carrying execution the foregoing powers and all Other
powers vested by this constitution in the government o.
the United States in any department or officer thereof
As to the first" the territory other Propery-who can
doubt that territory in this connexion, means certain
kind Of properyIneans public lands? If it does not
what is the force of the word other The territory
and other property Clearly il does not mean Territories
political communities, for they not propertand
nobody will imagine Congress is empowered Ito dispose
of" to sell political communities, men and women to put
them up at auction and strike them off to Che highest bid
der they do other propertylands for instance fe
such be the result have power these com
muntcs under this clause Of the constitution. III
The needfu rules and regulations therefore, which
Congress may make have respect to the public lands and
other property Of the United States This is made the
more clear if possible by the fact that wherever the con
stiutisn has sought to confer power beyond TINS u mas
employed other and appropriate language Thus in re
aspect to the District of Columbia the language is to ex
ercse exclusive legislation in all whatsoever 1t h
TO exercise exclusive legislation merely TO make
all needfu rules and regulations y and that there may BE-
mistake il is to extend to all whatsoever II
this in other cases the constitution employs not on,
appropriate but the most appropriate and exact language
Can anybody believe that having used this full and
precise language in prior partof the constitution TO con-
fer the power Of general legislation its trainers then re
sorted far different and most Dap language, to confer
the power in respect TO the Territories
But it IL sometimes said that this power of legislation !
necessary in order to take care of to make all needfu
rules and regulations concerning the territory ds property
that its value property depends the political ane
domestic institutions which may be established there
One difficulty with this argumentand il is the only one
will stop mention, though there otherss that
proves much If il proves anything IL not only proves
that may egsate concerning slavery In the Territories
but in the States also We have public lands, TERRITORY
as property in many of the States and may make al
needfu rules and regulations respecting this territory a
well as for that which lies without the limits Of the States
To enhance Its value according 70 this argument we may
abolish slavery In Alabama Mississippi Louisiana, Arknn
sas and Missouri may establish IL for like purpos
in Ohio Indiana Michigan Illinois Wisconsin, Iowa, anC
California We have public lands in them all territory
property to be benefited injured by the abolishng
establishing Of this institution and according TO this ar
pument we may do It. But nobody contends for thi
power within the states.
This provision of the constitution may give power 4
control the territory such-as property, TO tn
extent Of excluding all population thererom II may b
that Congress might by armed force drive from thi
territory those who had without pcrmssion gone there
in the mentioned by the venerable member iron
Missouri for this Is perhaps only providing rules an
regulations for the territory But this s thing ma
who have gone settled there with assent expires
or implied taking from them the right of sefgovernmen
which we claim for ourselves Is another and diferen
thing II the territory authorized to make rule
aud regulations for not the people we suffer to go and IN
habit itthe territory proper as Is clearly shown b.
the language Of the constitution.
Now sir, to the other source Of power--the othe
clause Of the constutonh oonccde the power TO &C
qure territory by treaty, othcrwIse-and II seems to m
this power cannot reasonably be denied whatever Mr. e
ferson may have thought Of i-t does seem TO fooN
TINT mis have power under that clause of the oons
tuition which have secondly above quoted ITO make Al
laws which shall be necessary and proper for carrying int
execution the power acquire. And from this view
these constitutional powers, perhaps from vague an
indefinite idea that there must be power TO do what the
think ought 10 be DONE gentlemen have jumped to the
cusion that have power 70 legslae for the Tertore
in oil cases, and for all purposes whatever.
Sir, this doctrine OF power being constitutional be
cause II Us necessary doctrine which needs close watch
ing Under Il almost everything in past Legislation
which Is admitted 70 be wrong has been justified
Not to go back Of memories national bank,
high protective tariff huge system OF internal improve
mens by the general governmenthese at least have bee
justified this plea II do mean to have con
soldated government swallow up the State govern
ments say this doctrine must be guarded, II may be
very convenient doctrine but may not be very safe
IL we find in the constitution without resort 70 hi
laudinarian construction, rather this assumption
authority, all the power really need for the regulation
OF tne territories not as properly merely pu' 2. poc