The daily union., 1854-03-05

and IN the Territories, III implying WnaI powers are
necessary proper in order to carry out the granted
powers, it would be proper to apply much liberal
rule OF construction than should be applied in the States
Thus, we that this government constantly exer-
cses by implication, jurisdiction persons and
things upon the high that il cannot exercise in the
States Bot upon this power there limitations il is
not has been said absolute anywhere either upon the
high n the Territories. The limitation 10, that
Congress do nothing that the constitution iorbds
to do il can do nothing that intereres with the equal
rights Of the States II could not for instance say that
upon the high would protect the property OF the
States but would protect that OF the
saveholdng States that it would protect the coal and
iron OF Pennsylvania, and not the product OF slave labor
the cotton sugar rice OF the South or indeed It's prop
ery OF any kind description Nor could IT. under the
precnce OF exercising powers in the IerroTes or upon
the high seas so use them as 70 40 ndieSuy WITHIN me
could not in the Territories, even II there had been no
positive provision the constitution a. TO the imposts
and duties being uniform in the United States, II could
not have laid duties within the States and not in the Ter
ritoes because 10 have done would have inlefered
with the equal rights OF the States IN distributing the ben
efts OF commerce unequally amongst them Nor could
it. under pretencs OF egslains in the Territories, exer
cise important municipal power within the Slate rs II
would do il were 10 exercise, through the iertories
States by indirect And this il would do II II
should say that the saveowner should not settle in the
Territories OF the United States. and al the same time hold
out ever. nducement in the shape OF land bountIes, 10
ence the master 10 remove and leave his slaves behind
him. Mr.. President there not persons who act with
adirect reference to this end and il so what greater
and the fundamental conditions OF the compact!
But il has been often said by those who admit that
Congress has the power OF governing the Territories that
it. power TO be exercised not in reference TO the
rights OF the States but in reference 70 The good and
welfare Of the people Of the Territories Now i in
cisng this power be confined TO the single
sideraon OF the good and welfare OF the Territories then
say the whole subject Of The government ought TO be
left the people Of the Territories. That is the true
American principle. II the only consideration which is
to apply TO their government be The good and welfare OF
the people Of the Territories, then they ought 70 deter
mine all questions in regard TO their domestic nstu-
tions and laws. But in my opinion the government OF
these Territories ought be administered with the double
object of securing the rights OF the States as well as those
OF the people Of the Territories, and 10 these last
should be given all the rights Of self government, which
are consistent with the limitation that they shall not in
erfere with the equal rights OF the States or violate the
provisions OF the constitution WIN those limitations
all the power that could possibly be given to the people
OF the Territory ought TO be given them. All that por-
ton OF the power which is TO be exercised with view
10 their interests ought 70 be exercised as they wish H.
That in my opinion is The true principle
know we have most high, distinguished, and respect.
able authority for the opinion that the people OF the Ter
rtoes have of natural right 10 exrcise all power
within those Territories 1t is not my purpose TO raise
an upon that question. do not mean to argue H.
do wish TO raise an issue with the friends OF this
BILL with those whom am assisting, and who assist
ing me- 10 pass this measure. Nor will do ii unless il
should be absolutely necessary, which is not now the
case; for, happily the bill is SO framed that it can be
maintained, rot only by those who entertain such opn-
ions have referred TO- but by those also who enter
tain opinions like my own.
The bill provides that the legislatures of these Terri
tories shall have power to legislae all ghtfu sub
jecs OF legislation, consistently with the constitution.
And if they should assume powers which thought to
be inconsistent with the constitutions the courts will de-
eide that question whenever il may be raised There is
difference of opinion amongst the friends OF this meas
ue the extent Of the limits which the constitution
imposes upon the territorial legislatures This bill pro-
poses TO leave these differences to the decision OF The
courts. To that tribunal am willing 10 leave this de-
cson, as once before proposed 10 be lett by the
celebrated compromise OF The from Delaware,
Ct me paEur my
derstandlng The best compromise which offered
upon This subject OF slavery say, then, baiI am will
ing leave this point upon which the friends OF the bill
are at difference TO The decision of The courts
pas them from thai branch OF the subject Ibid not
desire a.ude TO IT, and would not have done except
TO my own consistency, except to reserve point
which, IN my opinion, is necessary 10 sound construc
ton of the constitution OF The country. So lar, Mr..
President have been engaged IN the eho 10 prove that
legislative exclusion of the STAKEHOLDER from The right
to setle in The Territories OF the United States violates
the constitution, because il disturbs the equality OF the
States have also endeavoed TO show that ii Congress
can feel itself be justified in dlsregardng the rights OF
the States upon the peience OF egsang for the good OF
the Territories alone then this question, 10 their
institutions, ought 10 be left 10 the people OF those Terri
tories themselves All the principles OF popular govern
ment would require t il we are 10 be governed by these
last conside II have established either OF these
points, would be good against the further existence
Of this anti slavery restriction But not willing to
pass from this subject without showing that the Supreme
Court se has declared that the precise form OF this
Missouri restriction in unconstitutional.
This Missouri restriction as clearly demon.
strated by the honorable senator from North Carolina
[alr BApcER applies not only TO the territory before it
10 constituted State States, but also afterwards
Now, there three several decisions in which the Su-
preme Court have decided that limitations upon the
power OF the States be imposed by any legislation OF
Congress even by their own contacts The first
is that OF Po,sards lessee HagaB, % Howard D. 212
in which Judge Mckinley delivered the opinion of the
court He says speaking Of the cesson oil the Territory
OF Alabama BY Georgia 10 the United States:
elf an express stipulation had been inserted In the
granting the municipal right OF sovereignty and
domain the United States, such stipulation
would been void and imperative because the Unit
ted States have constitutional pacy 10 exercise
iunsdction sovereignty, eminent domain with
ia the limits OF State, elsewhere, except in the In
which it is expressly granted"
And again, he says that
" The right of.Aiabama and every other State
exercise all the powers Of which belong and
be exercsed by the original States Of the Union
they temporarily deprived Of the control the public
Iands"
So, too, in the which up shortly afterwards
in the OF Permo rs. first municpay,(3 Howard
5s9,) which case involving a question 10 the
obg alton OF those provisions of the ordinance upon the
State of Louisiana which had been extended over her
whilst in territorial condition Judge Ca,ron delivered
the opinion OF The court Hesays
For this provision fof the ordnance1 h claimed the
sanction OF unaerable Law Of Congress, and IL Is insist
ed that the city ordinances above have violated II and
WHAT force OF the ordinance Is north OF the Ohio do
not pretend 10 II unnecessary for the Of
this But regards the State Of Louisiana had
further force, alter the adoption consu-
uon t1an other acts OF Congress orRanlzng the
oria government 81 Oeans and standing in connexion
with the ordinance OF 1851 II possible TO maintain
In 9th