The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-20


tion depend upon unlimited discretion and this
despotsm. Now there specific power in the consttu
ments Such power given in relation District
Columbia and it equally necessary regard the
c6c power given to regulate the disposition of the public
lands must under the above rule be limited salt
organization Of territorial government they without
limitation, and may establish monarchy Admit that they
may organize which shall protect the
chased and provide for the Of justice mong
the settlers 1t does by no means i%Sw nst they may stab
local sovereignty. II municipal regulation of limited
tent and necessarily OF equally limited origin. Its do
nestle relation which the federal government
else no control
Judge Mclean lays down the proper boundary of
gressiona interposOn Ii should be confined TO ho or
ganizaton of governments leaving untouched the domestic
relations whether of husband and wife, parent and child
of and servant of other OF The social cond
TONS oyer which the federal government exercise no
CONTROL And this in conformity with the views Of Mr.
| Madison, who said
"Ths power of governing people without representation
suspension of the great principle OF self government and
to be extended further continued longer than the
occasion might fairly require"
adjustment of Territories and the organization of their
governments leaving the inhabitants in possession of the
rights Of internal administration TO be exercised at their
pleasure subject only the constitution Of the United
| States.
Beyond this establishment and organization there is no
necessity for the action of Congress- the people fully
competent administer their domestic affairs, and
the power being derived from necessity stops where the
necessity ceases In a written constitution like ours
where have perpetual standard to which legislative
powers may be applied and by which their obligation may
be tested the authority of precedent is entitled to far less
weight than where political institutions depend upon ira
dton for their organization There is no doubt but that
the constitutional government early placed ITSELF with re-
spect the Territories in the relation previously occupied
by its contederated predecessor and went on with the
legislative and executive work but 80 Tar as we
know this process provoked investigation. There is
not the slightest believe that for many years
after the adoption of the constitution, the constitutional
principles involved in this exercise of power were made
the subject of examination. The coempoaneons debates
reflect light upon this subject Ii to have been
conceded, silently acquiesced in, without direct con-
cesson, that Congress should proceed and fulfil the
functions which had been discharged by the legislature OF
the confederation and it not till 1920, upon the APP
proach of the Missouri controversy that this question
derwent searching investigation. Certainly, the sub 81
etto assumption of jurisdiction is but sandy foundation
for the exercise of power under constitution vgilantly
guarded 1t wants something far solid than
that to Justify the superstrucure of authority which we
have erected it. In this uncertainty left
without the means of Judging what different clauses of the
constitution relied upon by different members OF the
legislature, each in support of his opinion whether
the and-disposing power the Staeedmitng power, the
treaty making power any other power through the
long catalogue of enumerated grants including the action
from necessity the grant which conferred this urisdc
ton upon the national legislature. Opinions then may
have been various they Surely the assump
of the right legislation under these crcu
carries with il such weight of opinion would give
any authority 10 the Interpretation of doubtful constitu
tonal principle The fact is that thirty years of egsa
ton lost far regards the effect of preeeden and
till the Missouri Compromise there such contest Of
mind when continued is separate truth from
establish the aScendency the
the constitution.
So far respects my personal views beg leave to-
thatmy opinion OF the want OF constitutional power in
Congress exercise political Jurisdiction the Tero
es has been long entertained and expressed In the W,sh
ngton Globe of March 81 1892 may be found review of
the decision of the Supreme Court upon the Cherokee ques
ton in Georgia, which written by me- and read 10
and approved by Geu jackson, and by my colleagues of
the cabinet and in which said
"The power dispose of, and make needful rules and
regulations respecting the property Of the United States
and the power To exercise general jurisdiction
upon it, essentially different and independent The
former is general and Ia given in the clause referred TO-
The latter is special and given in another clause and
hnsd 70 the federal district and to places BY con-
sent Of the legislature Of the State 10 which the shall
be- for the erection Of FORTS magazines arsena dock yards
and other neediul buildings"
The principle OF the establishment of local governments
by metropolitan authority, and the administration OF
such governments by those whom they operate is IA
misr to every American. forms memorable chapter
in colonial history its violation by the British Paa
ment having constituted the great political oppression
which led TO the Of independence 1t announced
in the declaration Of the Continental Congress Of INA in
these words The English ooopss "are entitled to free
and exclusive power OF legislation their provin
ca legislatures where their rights Of represen aton can
alone be preserved in all cases Of taxation and internal pol
/ ity,' &c.
From the preceding considerations follows that when
Congress establishes Territory and organizes ITS govern
ment IL has exhausted Its power and the people OF such
Territory have the right addst every question Of their
"incrnal poy, 10 words rendered dear by the pa
uiarchs OF the revolution in the mode acceptable to
| themselves, subject only TO the constitution.
In these days Of political metaphysics il has been OBJ
ected TO this OF the relations subssng between the
general government and its Territories that there is not
fixed tangible boundary between the power Of The supe
ror authority and that Of the dependent one that in the
organization Of these temporary governments Congress
have assumed many powers Incompatible with territorial
selgovernment aud those thus obecng would therefore,
test the existence Of principle Of human freedom by i
liability TO abuse No doubt but these organic acts nave
gone too far 10 interfering with the rights OF people de-
pryed Of representation In the body assuming TO govern
them Those Legislators who find in the constitution d.
rect grant Of unlimited power have only their discre
ton TO consult IN its exercise bat those who deduce such
an authority from the necessity Of the action Of Con-
gress 70 preserve social order into effect
granted power, bound not TO exceed the limits pre-
Scrbed by their own principle but to tho people
the enjoyment OF all rights compatible with this duty Of
organization Certainly there may he honest differences
opinion IS 70 the necessary extent Of these reg
uatons providing the res OF administration touching
the appointment o. officers the qualifications voters and
various other points relating the institution Of gov
eminent For myself believe that the federal legislature
has gone too much into detail in this exercise Of power
which Mr. Madison said, Is 10 suspension Of human
freedom, and that the management Of all their concerns
after setting the government 10 operation should be left
the people themselves But after making allowance for
these different views, when 10 the internal affairs
Of remote territorial peoplcto those sacred domosc re-
act Of unmgaed despotism-we reach practical boun-
dairy which no Congress Of Washington Of Westmius
ter should oversep There necessity to iusnfy such
interference and therefore gbtfu power to assume
Our revolutionary fathers too Clearheaded to lose
themselves in the OF such subtitle logic and admitted
the principle Of organization with the doubts which
might sometimes arise in Its practical application.
The people OF the Territories do derive this attribute
Of sefgovernmentthe power OF internal lepsationss
- &c.,, a 49,