The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-13

rty TO institute governments for the people oAs Terri
tories from thar clause Of the constitutions wach
the right make needfal rules and regulations
ing the territory other property bs,engtng to the
United States. Much hess dc iucs the p,wsr from
asy suppossd necessity sisng outside Of the constitution
and not provided Tor in that Instrument The federal gov
eminent u Of delegated and limited wsrs clothed
with NO ighrul authority which does not result directly
and necessarily from thu onsutuucn Necessity when
experience shall have clearly demonstrated its sxistsnce
may furnish satisfactory for enargng the au.ho
rty Of the federal government by amendments 10 the
constitute in the mode prescribed in that
but canno. afford the sliyhtest fer the asSumr
ton of powers not dslegaSed and which, by the tenth
amendment expressly PRESERVED to the states
rpectivey to the people," Hense before ths power
be safely exercised the right Of Congress to organize
rtories BY insttutng temporary must pa
traced directly to provision Of the consultation,
comforting the authority in express terms, ~
means necessary and proper to carry mo Of
feet Of the powers which
specifically Delegated ls not tho organization o
. Territory emineutly necessary ami proper
Of enabling the people thereof to form mould
their LEGAL and domestic institutions and establish
State government under the authority Of the constisu
t,on, preparatory - their admission into the Union9
so, the right of Congress to pass the organic ass
for tho temporary is clearly included In the
provision which the admission of sta
This power, however, being incden. to express
grant, and resulting from by necessary implication
appropriate means for carrying ii into esst must
10 exercised In harmony wi the aud o,jects
the grant from which It Is deduced Toe organic of
u Territory, deriving its validity from the power OF
Congress TO admit new States, must contain no prov
equality If the proposed State with hs igaa States
impose any lipta Ion up its seversignty which the
cor stituti baa placed all tas Sta So fsr
tie organization Of Territory may be necessary and
proper az mears Of carrying into effect ths provision
the constitution this sdis soI of ne S,stes ana
whtn exercised viii reference only to that end the
power Of Congress IL clear and explicit but re-
yond that point the authority cannot extent.
to the United ates ny the oonsttu,ion, prrhaited
by 1t to the States are reserved 70 tae Sta les respective
.he Territory informing 10 the spif.t Of h, giant
from which receives It's validity must leavs the people
entirely iee tn form and regulate their domestic ios
ttIe and Internal concerns in toeir way subjs,t
cp, to <ee cQpsriu ion VI the upsd States to The end
TIA. when they asn the reqnLe pop ion and % sb
th State govsrnr ent In Conformity TO the federal
etitution, they may be ADMITTED iotO The I'm, an
equal footing with the origina States in al respects
soever.
The act Of Congress organization of the Ferrito
res OF Kansas ard Nebraska designed to conform TO
the spirit letter of the federal constitution by
rg and maintaining the fundamental principle equality
re all The aes OF the Union the
restriction contained in the eighth seton of the Of
the OH of March 1920 preparatory to toe admission
the people forever the right to settle the question Of
slavery for Themselves. provided they should make
,beir homes and organize STATES north thrysiz
erees and thirty minutes north latitude Conforming
70 the cardinal principles of State equality and
s.fgoyernnent in obedience to the constitution, the
the compromise of 1885, that when I'D nited
IS the said Territory portion of the same
shall be received into the Union With without slavery
So the const ution prescribe ut the time of their
admission" Again, after declaring the said eighth
ton Of the Missouri act (sometimes called the Missouri
Compromise or Missouri restriction) imperative
void being Iepugnant to these principles tne purpose
OF Congress in passing the act declared In these words
1T Berg he true nen, meaning of this as. no. to
clude IL thereo, but leave the people thereof
fectiy free to form and regulate their domestic instu
oi IN their way, subject only to the constitution
Of the Unied States" The passage Of the Ne
bIsska act was strenucusy essted by all persons who
States Territories of the right Of state equality and
selfgoveIDment under the constitution, than to allow
them to eecide the slavery question for themselves a.
every State Of the Union had done, and must
tain The undtniabe right to Co. long
the constitution Of the United States shall be
maintained the supreme law of the land Fuipg op
po.ii len to the Irncp OF the act anavalpg in the
halls Of Congress and under the forms Of the cunsu
tn, combinations were immedi .toly en- cred into Ia
scpe portions Of the Union to ro the political dss
ries and oim and regulate the dsnesrc ms OF
tne Ieyi!9s and future States through the machinery
81 Emgrsnt Aid n"iees. In order to give consistency
ard efficiency the movement, ana surroAad 1t III.
the color OF kgsl authority, &C. incorporation was
procured from the Legislature OF tn. State OF Msssschu
sett Ia which It provided 10 tie first section that
huccessois and assgnp hereby made corporation by
tie lame Of The Massachusetts Eugraut All Company
West and for this purpose they shall have al the p,
and privileges, and be subject to al the duties restric
toAa and Liabilities set forth in the 18th aud a4th chap
cond section limited the capital stock OF the company t.
ave riionf Of dollars and authorized the whole - be
real and personal estate with the provs t1A
hs said corporation shall not hold real estate In this
commonwealth (Massachusetts), to amour. exceeding
twenty thoupand dolars The third section provided f,r
dvfi cNvitA NJ
Of one huId dollars cach and prescribed the mode
tine and amounts in which assessments might be me-
each share. The fourth snd last section tho
words
Atal meetings Of TIE stockholders each ockoder shal
erucd !, cast vote each share he'd by him. provided
shares held BY himself than ATTY votes prox
Although the act Of incorporation does not distinctly
declare that the company formed for the purpose OF
ccnuoIipg the domestic institutions Of the Territory
Kansas, end forcing 1t into the Union with prohibition
Of slavery in her constitution, regardless Of the gaG
and wishes of the people, eed by the constr
ton Of the United tales and secured BY their organic
Jaw, yet the whole history Of the movement the cir
he Profession. and MIA Of al Is' enssssa
in IT, render it tain and undeniabs that such was It's
nttee viii here pres mt few e1tracts from pa nphst
published by the mpany after its organization
under the following capton:-
AID smpsns .so description for Tic info sn
An A. Lswrsncs Boston; NJ g. wisuas.
treasurer mos A. lawrence Bosom
Eccreiary-1homss II. Webb, Boston.
For the purpose OF answering numerous communications
rsny & gsrrarys which Ep
yosed u ce the secretary Of he has deemed
expedient TO pub sh the following derte Information
gard 10 this psrtculAr:-
eontIss. Immediately win q the competing lines
o which
e. r first settlement.
IA recommended that the company,s agents locate and
for the conpAnys benefit The which
boarding houses and m n located, and others
Sre The trustees sha dispose OF all It's interests there,
By tie sales the money laid out declare dividend the
ctboIders and
That they Then select field and make similar arrange
ents Tor The settlement AID organization of another
OF tes Union
With the advantages attained by such system Of effort
Territory ed az the Of operations, d. IL be
heved be flied with free inh hitsnts fhore
suppose al thousand OF New England
tmslae under the auspices ct suh arrangement this
OF the whole emg alton from Rr~ope oint
to some 400 COO persons there be difficulty
ducpg 20 600 or Az 600 10 take the direction Esp
call vi prove advantage cr.,ts
the state By ight supply necessities of ts in