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

power Congress These powers include the right
acquire territory Mr. Jefferson thought they did not but
II seems TO be conceded they do Well the right to
acquire would be nugaory without the right to hold
Then comes the power OF Congress nj the end of the
neraon of their powers, to make all laws which shall
be hecessary and proper FOR carrying into execution the
powers conferred by the constitutional this all laws
which shall be necessary and proper for carrying into
execution the power to hold the territory
This clause doubtless something II coners some
power, and il seems TO me TO be applicable this parcu
lar case Like most Of that monument of the wisdom Of
the who framed 1.-THE constitution OF the United
| States-it precisely what ii plainly says.
The laws which We authorized TO make under il
and proper in general That would be a power limited
only By each ideas OF necessity and proprie But
they to be necessary and proper for the specific purpose
Of carrying into execution the slgranted powers
They must be necessary for that specific purpose and be
adapted TO that specific purpose In the in hand they
must be laws necessary and proper for carrying into ex
eeuon the power 10 acquire territory and TO hold it until
it in condition TO come in as State, This is the ut
most extent to which il can be carried which its language
win authorize.
Now, sir it doubtless Is necessary this purpose that
VIC should prevent the country falling into the hands OF
foreign or independent thatwe should impose
some conditions upon the establishment of government
in such Territory and that in analogy the power Of this
government over and duty to the States should guar
anty tia republican form of government that we should
to IT connection with the general government us close
that which exists between the latter and the States and
among other things that should extend it gem
era revenue laws and other laws enacted for the benefit or
regulation Of the country generally In fact an lustra
ton of and argument for general power to egislae for
the Territories ii has been asked whether might not
extend laws them Most certainly may,
for there is necessity constitutional necessity, that all
duties, mposs and exciscs should be uniform through
the United States and this United States in this
clause Of the stuon should doubtless he construed
to the whole country called and not the States
States This power to impose and collect duties IN the
Territories therefore, is necessary for carrying into exec-
tion the power to acquire and hold the territory ecould
constitutionay hold it without isexercise The pro-
vision Of the constitution requiring this uniformity could
not otherwise be complied with And its exercise is not
vhnIa
Territories included Nor is easy to any analogy be-
tween this legislation and legislation the subject Of sa-
very in the Territories or how the power to egsate on
the latter subject necessary and proper for carrying
into execution the power acquire and hold territory or
how the power to regulate the relation OF husband and
wife parent and child guardian and ward master and
vant-or master and slave, if you peascs necessary
for that purpose in anywise proper for that purpose
Does this view Of the constitution relieve from the
necessity of claiming that wepossess penary power OF es-
aton the people of the Territories or that we pos
at all Does it not enable us to treat them as
in state Of pnpage far as to preserve their proper re-
ation politically and at the time leave to them
the constitutional right selgovernmen as to all local
matters The regulation of those matters is not necessary
is not adapted to the carrying into execution the power TO
hold the territory 1t is not therefore, derivabe from the
clause of the constitution to which have referred
1t is not easy sir nor is il neeessary TO say exactly now
far this to make all laws which shall be necessary
and proper for carrying into execution the
ed powers viii carry where will be its boundary we
easily that is not an unlimited penary power
that the language does import such power And as
questions presented apply this test the test OF
the language Of the constitution and satisfy ourselves how
| we should act
II is sufficient for present purpose that the power to
regulate the domestic institutions Of the people OF the Ter
rtores scarcely be deemed necessary and proper Tor
carrying into execution the power to acquire and to hold
territory. Whether laws for the appointment OF gov
them and judges for their courts are So IT Will
be time enough decide when have got along with the
question in hand At present we are upon the question o.
the power of Congress to establish abolish slavery in
Territories and have difficulty IN seeing that terri
tory be both acquired and held without the exercise OF
this power and that the power TO make laws for such pur
pose not therefore, necessary and proper for carrying
into execution the power to acquire and hold H. And
there be things in this BILL in any other bill which con-
ic with this principle they do not make the weight OF
feather against it II only proves that there things
| there which ought not TO be
The principle thus derived from the constitution is pre-
cisely the principle most in accordance with the great
doctrine which political institutions rethe right
| of every political community to scfgovernment-with
the doctrine that governments derive Their just powers
/ from the consent of the governed II docs not dc
uand that we should lose all hold upon the acquired
/ territory that should allow il to set up for itself
and make for itself independent government We
| as a nation, have rights there; right OF soil
within constitutional limits right of jurisdichon right
to preserve the Territory as an integral part OF our
country and these rights those who go there are
respect and they bounden to submit to our laws so
far necessary TO protect them SO far our laws are
necessary and proper for carrying into execution the power
TO acquire and hold the territory Our rights there
lust as sacred as their rights and they 20 there with the
implied understanding that rights are TO be respected
BY going there in other words, they consent TO submit
to governed by the national government just so far as
necessary preserve the nations rights and the con-
sttutiou gives us the power egsate for them just SC
far Is necessary TO the nations nights because
far II IL necessary and proper to go or carrying inft
execution the power TO acquire and hold But II we &c
beyond this IL exercise authority over the people there
beyond this 90 beyond their consent and we a ih'
same time 20 beyond our constitutional power Our egs
laon then becomes tyranny and then aud not till then
commences the right Of those 1t oppresso to complain and
II need be- revolutonze They have gone there witt
our implied il not express consent we have suffered thcn
acquire rights and interests there and when we exe
cse over them power 70 which they have not consent
ed which Is not within the consututiontheir conshiu
ton lust as much constitution-and when we per
ss In doing So how far in principle s their case dheren
from that OF the men Of '76P
II Is not necessary for the preservation OF our rghn
there that should lcgslae concerning their domestic
relations and local affairs These concern thennot US
II Is no more necessary for TO legsate concerning sa
very In order TO protect rights there than In order
n protect our rights within the States
II Thus the powers which derive from the CONSTITUTION
ao NOT conravenc the great principle Of segorernmen
n which those who conducted revolutionary struggle
and afterwards made the constitution, contended for o.
oompo us adopt tho principle of Lord North ana h ~
socates that the mother country may govern 'e prov
inccs in Ali things There Is nothing in them inconsistent
with the carly resolutions of the Legislature OF the colony
~ bav that Aby the law Of Nature and o.
nations by the voice of universal reason and OF ooa y
ho statute law and the law they possessed ne
mower of local legislation = "that the authority o
ment was crcumscrbcd by bounds which exceeea heii
acts became mere power without right and consequently
void , rL...,a !,
Shall me- sir deny TO the people OF the territories nt
power OF @local legislation Sha us uoou,"c o Wy
Il nca, Congress be that Of the British Parliament OF
thai of the colonies they sought to oppress Shall wcex
;.o r,cnerv nower over the Territories which the col
o denied Ia Parliament and 20 maintain that denial IN