The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-08
THE POWER OF CONGRESS OVER THE TERRITo


THE POWER OF CONGRESS OVER THE TERRITo-
RiES.
Extract Of speech Of Hon d. Disney, in Committee d
&s Whole nas state qfs Union on ho Presidents Mes
sage transaaiaitg Ae Constellation n California
Mr. DISNEY said. Mr.. Chairman this subject has so
thoroughly occupied the public mind aud been much
discussed not only in public but in private that at this
late day light can be thrown upon IL Occupying
however what may be considered by soune hat
singular position in relation it, individually feel that
perhaps may be justified in yenturing upon the patience
of the House. for the single purpose of dsembarrassng
action hereafter do not hope 10 influence the opn-
ions of Others whether inside outside Of hese walls
but wish simply TO place myself right before the country
right at home and right abroad. ss 't
The public feeling in relation slavery in the Terrific
ries is intense that very fact has added little to
the difficulties in the way Prejudice has been aroused
the sympahes and the interests Of one section Of the
Union have been arrayod against the other and heat and
temper has been begoeu altogether nnyorabe 10 that
kind of settlement Of the matter which alone render
il satisfactory 1t is only when the passions at rest
that the mind is free and temper should be driven from
the udgmenseat when would settle affairs such AS this.
1t is, however, qucstiont shook the Union In
1920 Then, now, excitement was abroad. The public
mind thoroughly agitated Legislative bodies, re-
gious societies. private individuals and town-meetings
spoke out their feelings and opinions. The subject
was examined with the utmost care Investigation fol-
lowed investgaton--dsc followed upon discus
sion The records and history Of the country searched
every fact paraded and the best neecs of the
try added their commentaries and published their opinions
the place Of right and the matter compromised The
principle referred to geography for its settlement and
the distance of its application from the equator was left to
determine the constitutional right AS question OF right
the result absurd enough but IT stlled the storm
The mouths of men stopped by their love of quiet;
but the progress Of events has brought the question back
and though 1t may be again postponed decision must be
had at last and in my opinion, the sooner i Is had the
better for all parties In my judgment the danger is not
in action, but delay would not create dangerous
future for the sake of present safety but would settle
the principle at once and let the consequences
have apprehensons for the safety OF the Union the
strong good sense of the American people will know pre-
it. This Union will long outve the schemes of pot
and the passions of the hour The people understand
and appreciate its blessings and after subtet has exhausted
its arguments and policy has overreached ITSELF ft
necessary they viii take this matter la hand and with
wisdom settle it eectually could be done by
all the statesmen in the land. Emneny PRACTICAL the
people view these things in the strong but common light
of everyday life. No sophistical cobwebs impede
their path they look TO results and when aroused to
ton they march to the object by the straishtest road
The questions with which have to deal well de-
fined Has Congress the power under the constitution to
prohibit slavery in the Territories and ifit has 1t expe
dicnt it? They involve issues and
would approach them In proper spirit In their discus
sion strong have been arrayed against each other
have been given and anagonistc conclusions
drawn The affirmative has been announced with oracular
tone and the giving out has been coupled with more
hint doubt il is peril the reputation of
ones mind Let IL be so with such people do not rea
son. A triton among the minnows may talk large, but
the style strikes of place among reasoning
Ignorance sir naturally flies to pretension for protection
but whether it can prove shield OF safety depends
much very much the temper and the taste OF the an
tagonist. .-N
The power claimed we are told, may be deduced from
clause of the cous 1on which relates TO the terri
tory and other property Of the United States Let us
anime it. The words are:
'The Congress shall have power to dispose Of and make
all needu rules and regulations respecting the territory and
other property of the United States and nothing in this
suton shall be SO as to prejudice any claims OF
the United States, or OF any particular state.
"A b.ra ia he yhe
in relation to territory to other property IL is the same
in relation each and both Territory is spoken OF
property and the clause embraces with all other kinds and
coniers upon Congress the power to dispose Of and 10
make rules and regulations in regard to- all the property
belonging the United States territorial and otherwise
The adjective fixes the relation of the words and marks the
meaning "Other" means, not the same in identity, but
the in general character and rritorg and "other
property is precisely equivalent in phraseoogy, TO "terr
oral properly and other kinds of property" gramma'
cal analysis exhibits the same, and common general
meaning of the words "territory" and property they
stand in this clause Of the constitution and every rule OF
construction under the idom Of our language hSes the
precise and single meaning Of the phrase. The words
themselves simple, and Of common and the form
in which they arranged really seems TO defy miscon-
structon The opinion OF the supreme eoar, IS clear IN
the of the Cherokee nation against the State of eor
ga Peters the Court declared that the term territory
here used is merely descriptive of one kind Of property
and Is equivalent TO the word lands
The power given Is the power dispose othat is to
aienaeand make all peedful rules and regulations
pecting the territory not for the q bat in
TO- the territory belonging
ted States The power to ALLEVIATE, Of course can only
have reference the territory property and II just
clear that the power 10 make rules and regulations has
reference in the character The government
neither ALLEVIATE its jurisdiction delegate its Legislative
power 1t dispose Of neither but must exercise both,
II they be required.
The power 10 make rules and regulations in It's common
FORM usually applied to things We say, the rules and
regulations business the rules and regulations OF the
House but we speak in the abstract of the things and
the effect of the rules persons Is simply aresu from
their connexion with the things The TO make rules
regulations Is certainly the power to egsate TO
extent but it Is be understood legislation inferior
to the making OF laws affecting questions OF right We
the phrase in relation TO matters OF police but II 10
never understood embracing the higher attributes Of
legislative power. power TO make laws embraces the
power make rules because the greater includes the less
laws but they only be such laws are necessary
regulate the things The books recognise the distinction
In Campbell Hail. Cowp. r. 2o4, Lord Mansfield said
"Tbe statute Of Wales, IL Ed. L. IL certainly
than made by the King his counsc for Edward
never he could without the assent Of Par
lament, make ta,ss to bind any part OF the realm.
An inferior power may establish rules, but II requires
the highest authority to enact law power 10 alternate
and 10 make needful rules for territorial and other
property symmetrical and is properly expressed IN
the form in which find it, but the words cannot be
made TO involve the higher power OF making laws 10
suppose that the general awrnaug power ana tue power
Of reg pusting and alternating things arc boh conveyed b
and together and In the words-and words which so
evidently have different meaning-s when we reflect
non The mporsnce of the instrument in which they
used TO attribute ignorance careessnes to the writer
az II which his own express declaration and our know
edge of him emphatieally contradict Indeed II may be
safely sad that the phraseoogy were presented in rela-
ton any ordinary affair no Two men wona aner IN re-
oord 10 either it's critical apparent meaning Then
and natural md obvious