The daily union., 1854-03-02

and so far ii had its validity But the involabiiy ana
perpetual obligation Of these fundamental articles rest
very different grounds aud is great mistake to
| found them.
Now. have few words TO say on the subject Of
the power OF Congress TO establish governments Tor the
Territories And introduce the matter, much less with
hope OF throwing any new light upon 1t myself for
DO mol expect 10 do than for the purpose OF asking
the attention Of the Senate to the opinion of one OF the
most able and learned Judges OF this land. who adorns
the seat be occupies and who supports the general doc
une have maintained upon this subject The article 10
which Ireer was published in the lnteigencer some few
years ago, and able and satisfactory is
brought il to the attention OF the Senate two three
years sincs but as there may be some who have not
IT. and bears directly upon the issues before u.s.
have thought should perform an acceptable service BY
thus directing attention to il, and by quoting part OF IT,
was authcxsd to men!on 'he name q me author, ahs
feel mach qualification that the views have taken are
supported, amos, the letter, by the opinion OF this EN-
dic,on 10 i.iae upon the doestc concerns
OF the Territories He draws the distinction which our
fathers drew between the power TO establish colonial or
territorial governments and 10 prescribe their outlines,
and the power interfere with and control their domes-
tic concerns to invade their resides, and TO prescribe
Tor them the duties connected with the relation OF hus-
want, and OF the other family conditions, which consti
tute almost all that isvauabe TO in state OF SO:
cely This difference between external organization
and internal government the very foundation OF our
revolutionary struggle. The British government could
not or would not. understand it. After studying the
matter, however for between and eight years,
Lord North finally compreh hended its bearing; but the
price of the lesson the loss OF the colonies.
Let ask you where do you get your power TO gov
conlerring it, ii you The power seems to have
been taken by the government OF the constitution
from the government OF the confederation without ex-
animation, and Tor some years no inquiry was lnstl-
uted into lis true foundation After awhile however,
the subject up for practical consideration and il
appearing TO be absolutely necessary that justification
should be found for this authority, search nsti
tuied Tor the discovery The first clause selected was
tha, which provides that Congress shall have power TO
dispose OF and regulate the territory other property OF
the United States" It was impossible, however, that
such provision should be entirely satisfactory II was
not basis which 10 erect the superstructure OF gov
ernmen; and think has been generally abandoned.
Ii seems 10 me that just rule OF construction, OF COM
mon sense, indeed. can Justify the preie ison that the
power dispose Of the public land, erm confes
complete Political jurisdiction, embracing all The con-
Germs OF life in other wods, because Congress have
the power 10 sell the land therefore they have The power
which has been clsmed 10 sell the people into slavery.
And, besides, the principle will moi meet the circum-
stances of the Political jurisdiction the power OF
government, has been exercised extensive regions
which were not the land or territory OF the United
Statesover large portion OF the State OF Ohio, the
country between the Little Miami and Sco,a rivers, and
over the district reserved by Connecticut, and running
one hundred and twenty miles west OF the Pennsy vana
line eighhs OF The State OF Tennessee, much
OF louisiana aud good deal Of other States Ii Con-
get the power OF establishing from this
power regulate the public land, ii is certain they
establish no government where they own no land Some
other foundation therefore, of the power must be sought
repeat, where is il Search for it, from end OF
your constitution the other, and you will search in
VAN, Some four years since in some remarks 10 the
Senate, went into this subject fully and have no dispo
suon 10 reinyestgae IT.
II is little curious ascertain the different reasons
which have been given why Congress have this power.
II will count them upon my fingers;
1. Is this power to sell.
2. The war and treaty making power.
3. The right TO admit new States
4, The right to sell the public lands.
5. The right OF ownership.
6. The right or day oi settlement
Z. The right OF sovereignty
S. The nature OF government
9. Nationality.
10. The principles OF agency and trust
II. The obligation to carry INTO effect the engagements
OF the old confederation.
10. A sort OF aeit confirmation by the present consul
tuition OF the assumption oil this power.
There is the round dozen, Mr. President and think
that il would be difficult TO hnd stronger argument
against the exercise OF this power than THE very diver
sity OF opinion respecting lis origin. Eight plain words
would have gwen the power beyond doubt ano oey1hu
conoyesyC Congress shall haze powo 10 goUern NE Ter
raoyies Uniil now, sir. have been taught TO be-
lieve that the who formed the consultation ol lhe
United States remarkable for their intellect and IN
telgence and that that instrument was remarkable for
the ceaness and precision OF It's language hnd IN the
face OF these characteristic traits we are asked 10 believe
that instead of clear provision for the exercise OF The
moenlous power Of insituing governments over free
men, must search il and find IL some one or other
of the clauses which Thave referred, and which have
not the distant relation TO the matter. Lalerly,t
has been contended by some, with good deal oil conh-
dence, that this authority - derived from The treaty
making power and suppose that this opinion bas most
ton that in order 10 sustain II, we must resort TO Two
implications from one grant OF power You have the
right TO make treaties, and as an snphcauon, you nave
the right OF acquisition.
The constitution stops with implied power but
here you must have another, and claim the authority 70
govern ncdeu; the right Of acquisition, which
lis itself incident OF the treaty making power AS 10
the and disposition Of property when acquired,
THAT expressly provided for in the constitution. But
there is another fatal objection to this assumption IL
does meet the exgences OF The any more Than
does ihe clause for selling he public land Egh, Terri
tories have been formed within the original limits oil
the United States five north west o the Ohio and three
sub Of il The region covered by these Territories
does not come within The treaty y-making power OF the
constitutions and consequently incident affecting i
can be derived from the ea,ymaking authority. II
makes part Of ourorgna territory not ceded by England,
for we did not ask her make any cession to us, We
elaine The whole country as our own, and we kept II
as our own, and all England did was to recognise our
rgh, 10 IL Then, sir il is clear that the authority TO
establish The northwestern Territories and the Terro-
res ot Tennessee, Mississippi, and Alabama, never
came 10 Congress through the treaty making power.
We are again bailed IN our investigation.
i An now, sir, for the views OF Judge Mclean
The true construction of the constitution ls, thRt m'
piled pawrrs only be exercised n carrying into effect
Specific power and this Implication Is limited TO such
neasures shall be appropriate 70 tue object lha = ~
admitted and safe rule construction. il Is believed 70 be
the upy which has been sanctioned by statesmen aud
nrss Powers exercises beyond this not derived from
the constitution, but depend upon an unlimited ais
cretou, and this = despoIisn
Though the senatoS from Indiana says there is no
danger
\ Now, there specific power In the constitution
which authorizes the organization OF territorial goyou
meat Such power given in relation 10 the Dstrici
equally regard 20 tnc