Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-04-12

without any sectional distinction whatever
Such principle is broad and just, congenial
to the comprehensive wisdom of the Constitu-
ton, and productive Of harmony among us,
while its opposite isnarrow, unequal, and unjust,
and fruitful Of discord and dangerous dissatis-
faction in the Union.
But, apart from this view, the question arises
as to the power Of Congress of exclusive legis-
lation over the Territories. The opinion is en-
tertained by some that from necessity this
power is wholly unlimited. In this do not
concur. Among the powers expressly granted
to Congress under the Constitution, is one to
exercise exclusive legislation in all cases what
soever over district not exceeding ten miles
square for the seat of government of the
| United States. And the same authority is
granted over all places which may be pur-
| chased by the government, with the consent of
the legislature of the State, where they are
situated, for the erection of forts and certain
other public buildings. This is the only clause
which expressly grants to Congress power Of
exclusive legislation. The grant authorizing
the exercise Of such power over a territory
of limited extent excludes the idea that the
Constitution sanctions its unlimited exercise
by Congress. 1t is clear, if the District of
Columbia were twenty miles square, instead of
ten, that the cession would be i'll direct viola
ton of the Constitution, and to exercise ex-
elusive legislation to such an extent would be
usurpation.
The reason why the founders Of the republic
guarded SO carefully against the acquisition Of
exclusive dominion by Congress is clear. They
knew the dangers of a consolidated central gov
ernment. History furnished numberless exam
Piles of the destruction Of confederacies, and
a 1. oc lsyn av,fc
on their ruins, ending in the concentration of
all power at the capital, and the destruction Of
all liberty in the country, as in the instance in
French history when the genius Of Richelieu
crushed the feudal nobility, destroyed the lib.
erty Of the provinces, and condensed the state
in Paris. 1t was for the express purpose Of
guarding against such national disasters that
this jealousy is exhibited, not only in the clause
to which have alluded, but the same spirit is
manifest throughout the whole instrument and
in every page of the debates that led to its
adoption. When the Constitution was formed,
the area Of the old thirteen States was 323, 900
square miles. Maine and New Hampshire con-
tanned $4,000 square miles, and the northwest
territory 239,0O0 square miles. The whole
territory Of the United States, embraced under
the treaty of peace of 1888, was q fraction over
600, 900 square miles. At this hour, the total
area of the United States, including the Terri
tories, is 3,230,572 square miles so that four
fifths Of the national territory has been ac-
quired since the ratification Of the Constitution.
IF the theory Of an unlimited right OF exclusive
legislation by Congress over the Territories be
true, how fruitless and how foolish were the at
tempts to guard against the dangers OF con-
solidated government If the right had been
asserted and claimed by the federal authority,
TI..:xoJ Ctotos mould he ono nf tho most
| anomalous and monstrous governments re-
corded in the history of politics q federal re-
i public with limited powers strictly guarded,
with limited and peculiar powers of taxation
with the amplest guarantees which even Anglo
Saxon liberty knows, as to that fifth of its ter
ritory living north of Florida and east of the
! Mississippi; while it would be an unlimited des
potism over the remaining four-ffths OF tht
nation, with an exclusive power of taxation. an
exclusive power of legislation, and an exclusive
power Of every form of legislative oppression
by the central government. Denying at the
same time the rights of the Territories to send
representatives to Congress, it would, realize
the idea of despotism expressed by celebrated
statesman, when he said attyranny was taxa
ton without representation.
But, sir, there is another clause in the Con-
stitution which gives to Congress power to dis
pose Of and make all needful rules and regula-
tions respecting the territory or other property
belonging to the United States. 1t was under
| this clause Mr.. Webster and others have con-
sidered that Congress had plenary power over
| the Territories, while others have put much
more restricted Interpretation upon the lam
guage, on account of its connexion In the con-
text with the words dispose OF" and consid-
cred the power as scarcely more than an as
4 4 rsoht he 10 10
certainly not nearly so broad as the words ''er-
clusire kgislation" contained in the grant Of
| power over the District 1t is to be presumed
! that the trainers of the Constitution knew the
| full force of the language they used and it
seems to me, if any power Of legislation is
granted under this clause, it was meant that
Congress should establish rules and regulations
for the infant Territory, which would enable the
community to legislate for itself, free from the
domination or Intervention of Congress, and
according to those rights Of selfgovernment
for which we fought in our own Revolution.
But others have chosen to derive the power
of Congress to legislate without limitation in
the Territories as q necessary consequence from
the power that the government possesses OF
acquiring foreign territory by treaty or con-
quest, and that both are legitimately derived
| from the express powers of Congress to make
war and conclude treaties. Conceding that
Congress has right to acquire territory BY
\ such means, vet it does not follow that it has
unrestricted legislative powers over the Terri.
tories. 1t being the creature of the Constitu-
ton, it cannot act where that Constitution does
not extend, nor can it transcend any limitation
upon its power that the instrument imposes.
| The treaty power itself is not beyond the limi.
tatons of the Constitution, though, in the nature
Of government and from political necessity, it
must be the least limited power that the federal
government possesses.
But it is not my design to enter into any
ANALYSIS of the constitutional question Of the
power of Congress over the territories, but
merely to devote a short portion Of the time
allotted me in cursory explanation Of the
views l entertain; for while do not be-
lieye that the.people of the Territories pos
sesses the absolute power of selfgovern.
ment, free from oil control by Congress, claim
ed by some, yet neither do believe that
Congress possesses unlimited and exclusive