Washington sentinel., 1854-03-05

The senator says that the continental Congress
usurped power, and that the first Congress,
composed principally of members Of the consti-
tutional convention, those who were its best in
terpreters, those who came directly from the
theatre and the forum where it was enacted
and Washington the President, were either
fools or knaves in adapting this ordinance to
the then condition of the country. Further, the
senator arraigns all the Congresses from that
time down to this, and all the Presidents
Where is your law in Mississippi, and Louis
ana, and Alabama-not in reference to the ex
clusion of slavery, TO be sure, but upon kim
dred subject? In 1904 and 1905, the Congress
of the United States, when Mr.. Jefferson was
President, passed laws prohibiting the impor
tation of slaves into those Territories. You
had no power to do that in the States. If, then.
the Territories had the same rights and the
same powers with the States, you had no power
to do it there. But who has doubted it !?
Where is the Judge, or where is the LAWYER, who
has doubted that the power was legitimately.
not to say properly, exercised? Before 1908,
you could not prohibit the introduction of slaves
into the States from foreign countries yet you
prohibited their introduction into Louisiana.
and Mississippi, and Alabama, four years be-
fore. Here, then, was q recognition OF the
power in the organization of those Territories
The senator well said that my conclusion is
a legitimate deduction from the admission that
there is power to legislate for the Territories
Where does your power stop? All the terrific
rial bills have contained clause, for which the
senator has repeatedly voted, providing that all
their laws shall be certified here, and shall be
subject to the revision Of Congress; and, if
contrary to the judgment Of Congress, shall be
null and void. How is it that you reserve such
a right? Why do you vote for such mock
cry, when you say you have not the power? If
you have no power, strike out the provision re-
serving to you veto on the acts of the terri
torial legislature.
{ In Louisana you organized ut first Terri
tory with legislature such as you have given
TO other Territories hut the very next year
finding that it did not work well, that the peo-
pie of Louisiana were not sufficiently Ameri
canized at that early day. to understand the
policy and manner of procedure under the gov
ernment and the States which formed it-you
repealed the provision giving them legisa-
ture, and left the Territory to be governed by
the imperial power of governor and three
Judges and you authorized them to make all
laws. What is that but giving them imperial
power2 1t was power given to three men,
not selected by the people, not chosen or des-
ignated by them, and over whose acts or con-
duct the people had not the slightest influence.
They were appointed by the executive, and con-
tirmed by the Senate; and those officers had
an absolute power over the Territory, subject,
to be sure, to the revision of Congress. Was
not this recognition of the power for which
contend? The gentleman says that the then
President, Mr. Jefferson, and the then Con-
gress, like their predecessors, were either fools
or knayes, when he says there was no power in
Congress over the question.
From the beginning of the government, Con-
gress has exercised this power over the Terri
tories under Washington, under Jefferson,
Madison, Monroe, Jackson, Van Buren, and
Polk. Nearly all of them were southern men,
against whom this view would seem to mill
tate; but they have all alike affirmed the
power, all alike have approved bills containing
it. All these political precedents, however, in
the view of the senator from Michigan, are to
be held as dross. They must all give way to
the bidding ofthis mighty intellect and modern
discoveries. According to his view, there is no
power in Congress over the people of the Ter
ritories, and those who have asserted 1t have
been fools or knaves. / repeat, sir, that this
view is weak that it is beneath ridicule or
contempt.
But, sir, what further? Not only have we
acted upon these political precedents down to
q very late day; not only have Congresses and
Presidents acknowledged this power, but what
have our courts and our elemental writer's said2
Let me say to the senator that there is not
court, federal or State, north or south, where
the question has been raised, but has affirmed
the power. There is not an elemental writer
on the Constitution, north or south, high or
4, b,,t b,, cd he I oh bo
able to show this without reading at length all
the extracts which have
Mr.. Justice Story who is deservedly regard
ed as high authority, in his work on constitu-
tionai law, expressly affirms and recognizes the
existence of the power. Chancellor Kent ex-
pressly, and in form, avows the doctrine. Mr..
Rawle, in his work on the Constitution, ex-
pressly contends for the doctrine, and says,
what ] have said, that Congress may give these
Territories any form of government they may
see fit, and that it naturally and necessarily
follows, if you have any authority, you have
complete authority over them; for they are not
parts of the United States. They have never
formed independent governments, and have
never become bound with you to protect and
defend the Constitution. They have no repre-
sentation here, no senators, no representatives,
and they are, therefore, no part of the United
States. and have none Of the rights of States
secured to them. If, however, they have, why
do you mock them by the very bill before you,
extending the Constitution and laws of the
United States there BY express enactment?
If they already extend there, why do you mock
them by saying that the Constitution and laws
shall be extended to them? BY that provision,
you plainly and fatty admit that they do not
extend there without the enactment
Rawle fully afirms the doctrine, as I have
said. Seargent's constitutional law also affirms
the doctrine to the fullest extent.
1t is true that the names which have quoted
in support of the doctrine are mostly northern
men, but allow me to say they we're great iurists;
they wrote at a time Of calmness and seclusion.
They did not write from the Senate Chamber,
and amidst the thunders, and anathemas, and
excitements of political debate; but they wrote
with calm view Of the Constitution, and the
powers of the government. If il be said that
these are northern men, let me refer to the
authority Of Chief Justice Marshall, and other
southern men, who have affirmed the same doc
- L.. 1u,D Al