The daily union., 1856-12-20
CONGRESSIONAL.
DEFERRED DEBATE.
THE PRESIDENTS MESSAGE.
In SENATE, DEoEMBER IL, 1866.


In SENATE, DECEMBER IL, 1866.
Mr. CAsS said;
Mr. PRESIDENT: do not rise to detain the Senate with
many observations do not intend to enter al large into
the general discussion of the various topics which have
during the last two weeks but there are
particular pontssome of which have already discussed
before the Senate aud in regard TO Others OF which think
have been misunderstoodon which desire 10 express
my views; and shall do it very briefly. part OF my
task has been much relieved by the very able and interest
ing remarks made yesterday by the honorable senator
from Ohio mr. PuaH to which listened with great
pleasure and attention. He certainly placed In very
conclusive point of view the objections to the construction
given by the senator from Illinois Mr. TRuMBULL to re-
mark OF the Supreme Court | shall make observa-
ons concerning It, but the work has been well done
by the from Ohio that there little left for me to
do in relation to it.
The hono alb senator from Illinois the other day remark
ed that Supreme Court had decided that Congress in
the Territories poss ssed all the powers OF the general gov
ernment and of the State governments surprised at
such declaration at the time The senator ir. TRUa
BULL is mistaken in the phraseoogy employed de inter
poated, undesgnedly, the word "a as has been suh-
GENTLY shown by the senator from Ohio The dictu o
Judge Marshall was that Congress possessed all the
powers bat that ny possessed the combined covers of the
general government and Of State government | have
the words before If the honorable gentleman sup
poses that msapprehend them, will read them If he
does not shall pass over then
remarked at the time that thought The senator from
Illinois had mistaken the object Of the court and that the
language referred not to the extent of the ursdcto but
to its nature The senator then said this quibbe
do not nlend TO attempt to the senatorial phrase
ology of the member from Illinois nor to initiate It, The
former task leave to himself with what hope 0t success
do undertake 10 say The latter would suit neither
my tastes nor my habits but Notwithstanding this grave
ebuke administered catheda, repeat my remark and
examination OF the expression of Judge Marshall con-
firms my first impression that he referred to the nature of
the jurisdiction exercised by Congress under the ccum-
which he advered and not to the extent of the
Jurisdiction ITSELF That is precisely the which the
senator committed. He has obviously mistaken dc4n
of Judge Marshall illustrative remark, if may term
it. for the decision of the Supreme Court and has called il
decision upon grave point OF constitutional law hat
was that dictum
"In egating for them 1.-THE Terrtoresl Congress
the combined Of the general and of State
ernment."
That is they have general powers and local powers
certain extento what extent the court does not under
take to determine not unmitedly the senator sup
posed but the extent of the question involved in the de-
cision. That all they ruled. The senator from Ohio
Mr. PUGH gave the history of this case and the points
involved in it, need not repeat his statement ! will
merely ob5erve however in addition that it turned upon
the question Of the power Of Congress to vest admiralty
jurisdiction in III organized by the legislature
Florida under the act establishing that Territory The
involved questions least the consider
ed two questions first the power OF Congrs to establish
territorial governments under the cons tuition and
the of admiralty jurisdiction connected with The
Territories The point this vessel wrecked m
the of Florida SALVAGE a,oved bv torr;,oria
Sourt and suit brought to recover IT, upon tb,
ground that those courts had right allow salvage
in other words that they had constitutional ursdlc
ton over the subject That brought up the question
whether they had such Jurisdiction and if So whence
1t deprivedf Upon the first point to wit the genera
question OF the jurisdiction OF Congress over the Terrific
res, Judge Marshall made some remarks and gave th
opinion of the court That this is to me, Il
proved by the fact that hold in my hand speech deliv
cred In the Senate eight years ago In which went into
full consideration of the case and Investigated the ground
of this very decision But never supposedindeed it
er occurred to me-tha any gentleman would mistake tn
explanatory dum of Judge Marshall arising out of tn
double nature of institutions for the decision of tn
court ! am not aware that any advanced tn
proposition before say The honorable senator from
Illinois is the dscoverer of this terra neoqna The decis
ion OF the court upon the main point pronounced b.
Judge Marshall and is in these words
After speaking Of the acquisition by treaty of the Terri
tory oil Florida, he goes on 10 observe:
"They 1.-THE people of the Territoryl do not however
participate IN political power they do share th
government till Florida shall become State In the nea
time, Florida continues be a Territory of the Unite
States governed by virtue that clause In the conuto
which empowers Congress to make all needul rules
regulations respecting the territory other property be
longing to the United States"
"Perhaps continues the Chief Justice after thus refer
ring to the clause authorizing the making of needu rule
ana regulations as the source of this power Of legislation
"Perhaps the power Of governing Territory beIongip
to the United States which has not by becoming State
acquired the means of self government may result
y from the fact that it Is not within the and urdc
uon o. the United States The right to govern may be h
inevitable consequence Of the right acquire territory
cheve may De the source whence the power Is derived
| the possession oil 1t Is unquestioned."
In the execution of their powers he continues to rsmarl
Florida was thus constituted by Congress Territory
and then he proceeds to the other question whether Con
gress had the right to confer admiralty and maritime urs
dicon upon the local courts instituted in the Territory
Florida That point was thus met by the court:
"We have only to pursue this subject step further
perceive that this provision of the constitution app
TO IL. The sentence declares that the Judges both
the and inferior courts shall hold their Offices du
ring good behavior The judges Of the superior courts
Florida hold their Offices for four These
constitutonsl courts In which the judicial DO "a
conferred by the constitution the
be deposited They incapable Of receiving They
legislative courts, created in virtue Of the general right
sovereignty which exsts in the government virtue
that clause which enables Congress make all needu rule
and regulations respecting the territory belonging
United states The jurisdiction with which they invest
ed not part Of that Judicial power which defined
third article Of the constitution conferred by Con
in the execution Of those general powers which ha
Although admiralty Jurisdiction be exercised in th
states those only which established in
Of tho third article OF the constitutions the same mta
| uon does not extend TO the Territories"
Here then follows the dict which hns been misunder
stood and mistaken for the decision of the court:
"Ip egsating for them tho Terrtoresl Congress exer
oses the combined power Of the general and OF
| ment."
The senator from Illinois supposes that the Suprem
Court decided that Congress possessed oil the powers
ercsed by the respective States that they had only turn
IN the execution Of their authority the Territories
the constitutions OF the States and ascertain what power
the people had given to their legislatures and then
the same though the powers of Congress- this or
other subject derived from the constitution or lepis
lave organization Of any State. The ILLUSTRATED
his proposition by reference to Michigan. He said
Let follow that up There is no such escape for tn
distinguished senator there Is qubbng in this opinion
about under the constitution The declaration Ia
and unqualified that in regard Territory Congress exer
o the both OF the general and Of State govern
ment."
nIIW A..