The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-23

could have been a moments hesitation ia any court IN
comag TO that conclusion, but because II was due-ii
was eminenty proper-thal those gentlemen whos from
northern and north constituencies, were support
ing the provision in this b should not be liable 10 any
misrepresentation before collections OF persons, who
however honest. might not have The ability perhaps, 70
understand the reasoning, clear as II may seem TO us
apon which the conclusion was arrived at and thefs-
fore il thought just and right 10 say, in unmstaka
BILE terms that the planest understanding can compe-
hend what had already been said in terms unmstakabe
! by legal understanding That was all
1t is very singular Mr. President, allow me TO remark,
that some complaints have been made OF this provision
by gentlemen who entirely content with the enact
men proposed by What called The Clayton compro.
mise Of lS4s But what that compared with this
Why, il was just exactly If this Territory had been
constituted without the repeal OF the restriction in the
Missouri act, and leaving. therefore, law in force un-
less the should determine II TO be unconstitutional,
which excluded the admission of slavery Ato the Terri
tory. II seems 10 me, therefore, that not only is this
beyond all dispute right and proper, and susceptible OF
the Interpretation that have given 70 IL, demonstra-
bly, but that il has this advantage over the iormer
compromise, that the only real supposed obstruction is
removed out OF the way OF the territorial legislatures
them to regulate this domestic relation for themselves.
said. Mr. President thai there Were two subjects TO
which wished to refer The other is that some OF our
southern friends have been accused-and, Of course
must fall under the category, as acted with them
on this occasionof having by their vote ior TINS Dill
in the form in which il put, sanctioned the doctrine
in Se peops o
sequen,y OF the right the part OF Congress to govern
them in other wods, what has received the appella
ton, from the distinguished senator from Michigan, OF
the doctrine of "squatter sovereignty"
Mr.. CASS. ! beg the gentleman's pardon. did not
call il So called it the doctrine of the right OF men
10 govern themselves The other is the reproachful
Mr. BADGER Yes, sir; but, as yoa applied ii to
squallers amounts TO the same thing. Mr. President,
do not concur admit the existence OF any such
right hold with the honorable senator from Indiana,
Mr. PErTiT] that the powers Of Congress over the ter
Tory OF the United States are p!enary-hat we have
right form their governments in such manner as we
think best. We have right, il we please, TO govern
them ourselves, without giving them any distinct organ
Zaon and 10 exercise such dominion over them as IN
the judgment OF Congress shall De wse just, ana fea-
sonable
The honorable senator from Michigan, who has more
than addressed the Senate on this subject seemed
to be good deal troubled because the power 10 govern
the Territories had not been referred 10 and deduced from
specific provision in the constitution; and he asked
tina, those who maintained the existence OF the power
should ay their hagers that clause OF the constitution
which conferred it Sir think II is very evident that
Congress may possess unquesuonabe power without
any mans being able to lay his finger on The clause OF
The constitution which gives IT, One instance is as good
as dozen Does any man question the power OF Con-
gress to purchase bralyi Yet, will any man lay his
Finger upon the clause of the constitution which coneTs
the powerl No man do It, This ls, perhaps the
power exercised by Congress which is the most remote
! from any connexon with expressly granted power
When, therefore, the Supreme Court o the United States
tell us that from whatever the power may be de-
rived the power unquesonable they have not stated
that power is doub,fnl they have not nmated thai
the power OF Congress is liable TO dispute dsarage
ment but only this--tha though the source may be
doubtful, the power is certain, II has been deduced from
several sources; by some from the power "o make all
needfrl rules and regulations respecting the lerIory
by others, again, necessary and Inevitable conse-
quence OF the power to acquires and By Others because
the territory being out o the jurisdiction OF any patcu
lar State, and yet belonging To The United States the gov
ernment OF the Territory must be in the hands OF that
power which represents the whole OF the United States
But the cay, however derived have IT. 1t is IN
questionable.
! Well, sir if power be unquestionabe, il is mere
matter OF curiosity 10 endeavor TO trace It's origin II s
important. il power be doubtful 10 endeayor 10 hnd
Out how arrive at IL; but the very moment II Is as
cerlaned that possess power unquestonsbiy, II be-
comes matter OF curiosity to continue the investi-
cation 10 how we derive H. But thiak this power
may be derived IRON several sources IN the constitution
and as The senator iron Michigan desired that finger
might be laid that part OF the constitution which con-
ferred The power viii lay my finger upon that which
4 think confers IL IN the most ample manner
Mr. President, the close OF the specific enumeration
OF powers granted to Congress- we lind this general
power: To make all laws which snail be necessary and
proper for carrying into execution the foregoing powers,
and all other powers vested by this constitution in the
government of the United States any department
overlooked, In framing this instrument The powers OF
Congress being enumerated, general power OF passing
laws TO carry them into execution is added But there
are other powers not conferred upon Congress- which
cannot be carried into effect without eglsaton, and hence
this clause conefs upon Congress the OF passing
all laws neceSsay and proper TO carry into execution all
lOiher pOWtTh'pOWefs Oteluet lUOse EfahWu 10 tOn-
gees" vested by this constitution in the government OF
the United Staes any department OF officer thereof
Then we find that the constitution, when speaking OF
The President declares that "be shall bave power, BY
and with the advice and consent OF The Senate TO make
treaties provided thirds OF the senators present con-
cur" Well, sir among the treaties known TO all ma
tons both before and after the adoption OF the consu-
on the class OF treaties OF cesson We have made
several such, by which have acquired territory There
IL power vested in the President to make treaties and
among others, to make treaty by which territory may
-. k,sE
territory matter what may be The purpose Tor which
II Is needed, he can do no more Bot the constitution
intended that this power should be carried into fu ef-
feet should be made available that the ends in view
should be realized 10 the nation and therefore IL gave
10 Congress the power 10 pass all laws necessary to carry
into execution, complete, to give full operation and ef
ee 10 the power OF acquiring territory by treaty
Then, how stands the case Here is, as think, an
express power 10 make treaty by which may acquire
territory well TO make any other eay for par
cuar class Of treaties is specified by the constitution
Here is provision that Congress may make all laws
cessary 10 carry that power into execution What Is
esssay The President has power acquire territory
and this clause eoneTs upon Congress all the powers Of
legislation necessary in that emergency perfect the
OF acquisition, and devote to ends proposed in acquir-
ing H.
4 Let use see how we have acted upon This matter BY
treaty Nih China 10 take sioge instance, The
Chinese government put citizens Of the United States IN
Cuns out Of The Jurisdiction Of The domestic tribunals OF
China and declared that they should be there under the
jurisdiction Of the United States The President with the
consent OF the Senate, ihed that treaty Suppose Il
had stopped there, these would have been lost 10 all
law discharged from the domestic tribunals and no THU.
nails established, because the President could establish
none, 10 excce The laws upon American citizens there