The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-11-21

other ia the Territories According TO Judge Marshall
Congress egatng for the Territories exercises the
combined powers of the general and State government
II was ia this latter capacity that these territorial Judges
we're created and it in this point OF view that the law
creating them was held valid
more decided that the constitution extends 10
the Territories
In the case Of Polars lessee against Hagan, Is How
ard 2l2 Mr. Justice Mckinley, in delivering the opinion
of the court said
every constitutional Of Congress IL passed BY the
will OF the people the United States, expressed through
their subject matter OF the enactment
and when SO passed it the supreme law OF the land
and operates by its own force on the IN Wha
ever State or Territory it may happen TO be.
Again he says Up. 225.)
Every nation acquiring territory, by treaty otherwise
hold it subject to the constitution and laws OF s own
and not according to those Q, the a
44, 245 and b. 2 ch. 7, Sec %.
In Strade ct al u.s. Graham (l0 Howard p. 49,, Judge
fancy, in delivering the opinion Of the court says;
The constitution was, in the language Of the ordnance
adopted by consent and the people Of the Terrific
by it, and entitled to its benefits as well as the ~
existing States IL became the supreme law through
out the United States" (P. 96.)
But if Judge Marshall be right in saying that the term
United States is "the given 10 our great republic,
which is composed OF States and Territories then the
constitution in declaring itself ",he constitution of the
United States extends itself the whole OF States
and Territories -
But there is n simple canon of construction which !
have been raised with regard to the OF Congress
over Territories and without the limits OF the States
1t this; That in imply ing all powers necessary and
proper carry out the granted power you imply by one
rule the States, and by another IN the Terroresin
the States by far strcter rule because the powers not
exercised by the general government can be exercised p
the States and il is constitutional provided that grants
shall he construed strictly against the granor but III
regard the jurisdiction OF Congress upon the high seas
and in the Territories in implying what powers are nece
sary proper in order to carry out the granted powers
it would be proper apply much more liberal rule OF
construction than should be applied in the Suites.
Thus we see that this government constantly exercises
by implication jurisdiction persons and things
upon the high that IL cannot exercise in the States
But upon this power there imaions it is not as has
been said absolute eher upon me gn sens o.
nothing that the constitution orbds 1t to do 1t can do
nothing that ntereres with the equal rights of the States
1t could not for instance say that upon the high seas II
would protect the property the veboding States
but would protect that OF the slaveholdng States
that would protect the coal and iron of Pennsylvania
and not the product of slave laborhe cotton sugar.
rice of the South indeed its property any kind or
description Nor could it under the pretence OF exercising
powers in the Territories upon the high seas SO use
them as to do indirectly within the States what 1t would
not and could do directly 1t could not in the Terri
tories if there had been positive provision IN the
constitution the imposts and duties being uniform 10
the United States it could not have laid duties within the
States and in the Territories because TO have done
would have inerred with the equal rights OF the States
In distributing the benefits ocommerce unequally amongst
them Nor could it under pretence OF eesating IN the
Territories important municipal within the
State as it would do if it were to exercise through the
Territories power which designed to Africanze the
old slave States by indirect And this 1t would DO
if should say that the slaveowner should not settle in
the Territories of the United States and at the same time
hold every nducement in the shape OF land pounues
entice the master and leave his slaves pehnd
him. Mr. President there not persons who act with
direct reference to this end? and III so, what greater
violence could be done to the spirit OF the constitution
and the fundamental conditions OF the compact
But has been often said by those who admit that Con-
gress has the power of governing the Territories that II Is
power be exercised not in reference to the rights OF
the States but in reference to the good and welfare OF the
people of the Territories Now If in exercising this power
we are be confined TO the single consideration OF the
good and welfare Of the Territories then say the whole
subject Of the government ought to be left to the people OF
the Territories That il the true American principle II
the only consideration which is to apply to their govern
ment be the good and welfare OF the people 81 the Terrific
es they ought to determine all questions in regard
their domestic institutions and laws But In my opn-
ion of these Territories ought TO be admin
sered with the double object of occurring the rights OF the
States as well us those of the people Of Territories and
to these should be given all the rights OF segovern-
ment which consistent with the Limitation that they
shall not interfere with the equal rghtg of the States
violate the provisions of the constitution With those linz
aons all the power that could possibly be given to the
people of the Territory ought to be given them All that
portion of the power which is to be exercised with view
to their interests ought be exercised they wish it,
That in my opinion, ia the true principle
So far Mr. President have been engaged in the effort
to prove that legislative exclusion of the stakeholder
from the right settle in the Territories Of the United
States violates the constitution because it dsturbS the
equality of the States have also endeav0red to show that
If Congress feel tsef to be justified in dsregardng the
rights the States upon the preence of egislatng for the
good of the Territories alone then this question, as to
their own Institutions ought to be LETT 70 the people of
those Territories themselves All the principles OF popu-
lar government would require it, ii to be governed
by these last considerations II have established either
of these points it would be good against the further
stepce of this ansavery restriction But am not will
ling to pass from this subject without showing that the
Supreme Court itself has declared that the precise form of
tI ta 81 trirfinn 10 nnrG i'm inna
This Missouri restriction, clearly demonstrated
by the honorable senator fsom North CAROLINA, Mr..
BADGER applies not only to the territory before 1T il
sti;uted into State States but also afterwards Now,
there three several decisions in which the Supreme
Court have decided that no limitations upon the power OF
the States be imposed by any legislation of Congress,
or even by their The first IL that of
Pollards lessee Hagan, g Howard 2l2) in which
Judge Mckinley delivered the opinion OF the court He
says speaking of the cesson of the Territory of Alabama
by Georgia to the United States
If express stipulation had been inserted in the agree
ent granting the municipal right of sovereignty and emf
nent domain the Unied States such stipulation would
have been vod imperative because the United States
constitutional capacity to exercise uncipa jurisdc-
ton sovereignty eminent domain, within the limits Of
State, elsewhere, except in the cases in which
pressy granted
And again, he says that
The right of Alabama and every other State ex
all the of government which belong to, and
may exercised by tho original States the Union must
admitted and remain unquesoned, except far they
temporarily deprived of the control the public
lands."
So too in the case which came up shortly afterwards in
the case Of Perme tie first municipality, g Howard,
b89) which was involving question 10 the OBJ
LEGATION of those provisona Of the ordinance upon the