The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-03

We'll. tIis
together for 40 great purpose which deserved less credit
for the precision of language than the convention which
formed the constitution of the United States Never before
was such power conveyed by such terms 10 sell and
Land Is 10 govern people But again II the power
10 govern results from the duty OF dsposng Of and rega-
lang the public lands how happens IT that tins power IS
exercised vast regions, not foot OF which ever be
onped to the United StatesY Over oneourh perhaps OF
the State of 0hioall the country indeed, between the
Little Miami and Scioa rivers and that adjoining the
Pennsy line and running hundred and twenty
miles west of 1.-THE former OF which was reserved py the
State of Virginia and the latter by the State OF Connect
cut from their respective cesons over seyeneighs OF
the southwestern territory the State of Tennessee
which reserved by the State Of North Carolina
and much of Louisiana which belonged TO ndiyid-
uas before the cessonand so OF almost all the ohcr new
States. 1890
And how happens it. ownership by the United States
is the foundation of this power that as soon as tract
Is sold does not cease TO be thus governed lie VINO can
make all this and siso may well claim the right 70
speak authortavey upon all political subjects and indeed
There is much more plausible foundation for the
else of this power Of government which has found able adj
vocaes and among them more able than the senator
from North Carolina Mr. BADGER. He derives the right
Of unlimited authority from the treaty making power.
agree with him. that the right OF acquisition is substan-
tive part Of the treay-makng power as much SO as the
right to make peace to regulate commercial intercourse
But this Of power does not the whole ground
We have had eight Territories and part Of
three south Of the Ohio river and the residue norhwhich
acquired by treaty but part of the original
country claimed in the Declaration Of Independence and
recognised not cedd by the treaty Of peace Of 7s3 They
were not treaty acquisitions in any sense o. the term any
governed Either without constitutional power there
provisions of the constitution operating at the
time upon the subjectmatcr The exercise OF
the power OF government obviously extends beyond the
alleged authority.
But there is another difficulty attending this assump-
ton II is said that the right Of government is part OF
the power Of acquisition. How is this Mr. President
The act OF acquisition complete when the cesson Is made
Nothing can make it more complete What we are to do
with it becomes then question under the constitution to
which must resort for its solution. We can sell 1t and
manage it, for those powers expressly conferred and If
they had not been they could not have been exercised But
how govern it when that power is not given
Certainly is quite necessary to the value Of the acqu
ston that the property be managed and disposed Of as
that it should be governed But the fact Isl neither the
power the other is part Of the act of acquisition
which is perfect and spent without them though both are
important to its value.
But again how does the implied power, applica
bic to this case give the unlimited and despoc right Of
government which is claimed for Congress- Upon this
subject Judge Mclean remarks
Thc construction of the constitution M that implied
powers only be exercised in carrying into effect specific
power And this implication is limited to such means
this not derived from the constitution but depend
upon unlimited discretion And thi. is despotism Now,
there specific in the constitution which author
ICES the organization of territorial governments"
The Judge adds:
M this power be implied one, must under the above
rule, be limited to the suitable to the end in view.
the lands purchased provide for the
justice the settlers i does BY follow that
limited extent and necessarily Of equally limited origin
Thus sir the implied power cannot be extended beyond
the necessity which calls into action. There
cessy for Congress exercise unlimited power the
Territories and regulate all their domestic concerns
and the proof Of this is that they have done The
establishment OF the government and its general organz
ton fill the measure of the necessity All beyond this Is
sheer desposm and palpable violation of the constitu
ton and therefore, whether the power is derived from
necessity out of the constitution and which is assumed
upon the responsibility of the legislature and in which Mr.
Madison found justification for the action of the Congress
Of the confederation upon the subject of the public lands
from the constitutional necessity which belongs to the
process Of mpicationin either the authority of
Congress equally restricted and this claim of unlimited
power has no warrant in the constitution
NEw DISCOVERIES AT NnrvEn-The London Assyrian
Excavation Society have just issued satisfactory
port of the progress of their agent at Babyona The fol-
lowing extract is of the highest interest
In addition 10 the discoveries mentioned by Mr. LOTUS
the committee have TO announce that new palace has
been found at Nineveb in the mound of Kouyunjik of
which Col Rawlinson reports in the following terms
most beautiful palace has been recently discovered
Nineveh, belonging to the son Of Esar-Haddon. The
sculptures infinitely superior in variety of subject in
artistic treatment and IN skill and delicacy of execution
TO everything which has been before found The palace
also IL of great extent containing perhaps hundred
sculptured slabs and the marbles generally in good
state of preservation
In another letter, he adds
"The palace is by far the magnificent thing
yet discovered in Assyra Each hail. room and passage
is devoted to separate subject and where the series
complete and the sculpture well preserved
quenty happens Of extraordinary interest In fact the
variety OF subject artistic grouping and treatment high
relief richness Of detail and decacy of execution enti,le
the palace TO be reckoncd the edVtre Of Assyan art
Some of the pavement slabs superb and the ami
mails and flowers the human figures are much
natural and free from convenonalies than in any
Of the earlier palaces There between two and three
hundred scupurcd slabs already uncovered not above
oneJhslf of the palace Is yet explored
Colossal bulls aud liAns there are none but monsters
cenaurs hppogryphs &C. there many you please
i are n of roun
mened pedcssls which certainly supported columns but
MS there remains of such columns they must have
been formed, suppose Of wood
"0n slab there is city with double wall and with
In temple faced with Of columns supported on the
backs of animals On another there Is mound on the
top OF which is castle; and TO give more extent TO the
upper PLATFORM causewsy from the top OF the
masonry with shapponted arches stretching down the
side OF the mound
Another private letter, from gentleman residing at
Mosu speaks In the Of praise Of these new dis
coverics and adds further particulars regarding the
subjects Of the sculptures In speaking the slab repre
senng the palace temple alluded above he saws
represents very infinitely the exterior architecture The
second story Is built with pillars which have their bases
on the backs OF lions and human headed bulls with their
heads turned like those found nj Kborsabad He also
mentions the representation Of bridge with three pointed
arches and other particulars illustrative Of the architec
l tIre OF the period
One OF the best executed slabs represents lion hunt
In this scene he says the king the principal hunts
man. and Is in the act Of striking lance into lion spring
ing upon his chariot whilst seven others already pierced by
many arrows some Of which dead and others dying
most beautifully and naturally portrayed upon the slabs
On another slab they have represented park with an
open gate through which is the king hunting lions
al sct,xx.