The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-04-03


itiOn to which desire to call attention is the
.gument 10 show that the power of Congress TO
regulate The Territories of the United States is
derived from that clause in the Constitution which
authorizes the admission Of new States into the
Union. think it is not very material whence
the power Of Congress to regulate the Territories
Is derived it is enough that ii exists but in
hanting for that power, il occurs to me that one
OF the last causes from which it can be properly
deduced is that from which the committee seek
70 derive it. The power to admit new States "
into the Union gives to Congress, says this report
the power TO govern Territories Why, ST., the
very action recommended by the committee con-
tradicts the assumption. The report concludes
with the statement that bill is TO be introduced
10 authorize the people of the Territory of Kansas
when its population shall have attained a certain
number, to form State Government, preparatory
10 admission into the Union. The power to pass
such an act may be derived, perhaps, from the
clause in the Constitution of the United States
which authorizes the admission of new States
and the very fact that a law liz necessary
since the act was passed organizing the Territory
of Kansas in order TO admit il into the Unien,
shows that the first act was not passed with that
view. The first act does not provide for the adj
mission of Kansas as State and yet we are
gravely told in this document that the only power
which the Congress of the United States has to
form Territorial Government is that which is
derived from the power to admit new State
J have no difficulty, myself, in finding the
power in that other clause of the Constitution
which declares that Congress shall have power
TO make all needful rules and regulations respect
ing the territory or other property belonging 10
& the United States" | see propriety in limit
ing the word "territory" merely to land. The
men who framed our Constitution understood the
English language. They would not have used
more words than were necessary TO express the
idea they had in view ii the design simply
TO allow Congress under that provision TO make
needful rules and regulations respecting the prop
erty of the United States, why say the terri
tory or other property 1t would have been
sufficient to have said simply, " they shall have
authority to make ali needfdl rules and regula-
= tons respecting the property belonging to the
United States" But, sir they did not stop there.
They said respecting the territory" as well
the other" property, and il should be borne in
mind that the trainers of the Constitution were
laying the foundations for political Government.
The great object in view was to prepare a Con-
stitution for the government of persons not
merely ts regulate the sale of lands. At that
very time there belonging to the United
States the Northwestern Territory, and provision
had then been made for its government. Some
of the very men in the Convention which formed
the Constitution had co-operated in passing the
Ordinance of 1887 respecting that Territory and
they doubtless incorporated this clause in the
Contitution with the very intention OF continuing
the power to govern it.
In view of these facts, is il reasonable to sup
pose that they intended the word territory" in
that limited sense which the committee have
thought proper to give II Z
Sir, there are other clauses in the Constitution
of the United States from which this power might
be derived. There is the treaty-making power.
Can il be said that this great Government was
I'D rfbor tn .fecta nd mai e
peace and vet was left without the power to pro-
vide temporary Government for the countries il
might, at any time, by the chances of war, con-
auer and possess2 We should not be indie
pendent nation if we had not this power to ac-
ouire territory by the force of arms and, when
we obtained it, to protect and govern its inhabit-
ants until they should become sufficiently numer-
Gus to form State Government for themselves.
But sir / will not dwell on this. The power
is admitted, but it is admitted TO very limited
extent. Here / wish TO point out one OF the in
consstences of the report. 1t says:
$50 far as the organization of II Territory may
be necessary and proper as means OF carrying
into effect the provision of the Constitution for
the admission of new States, and when exercised
with reference only to that end, the power of
Congress is clear and explicit but beyond that
point the authority cannot extend
The proposition is here broadly laid down, that,
beyond the point of providing the means OF carry
ing into effect the provision for the admission of
new States. the power to govern the Territories
doc not exist. Is that true Can it be MAIN
tanned is it one of the necessary means, in order
20 admit Territory into the Union as State,
that Congress should govern it before it comes
in =? Is the exercise of the power conferred by
she Kansas Nebraska act necessary Tor the ad-
mission of those Territories States into the
Union? What is that act? \ long law, contain
ing thirty-seven sections, and providing for those
Territories Governors and Legislatures, judges
and marshals defining the jurisdiction of justices
of the peace, and providing all the machinery for
the Territorial Governments. ! desire TO know
what the jurisdiction of justice of the peace, or
any of these provisions, have to do with the adj
mission Of Kansas into the Union as State
Can the position be maintained for moment,
that il is necessary or proper, as preliminary to
the admission Of State into this Union, that
Congress should declare that Territorial justice
of the peace should not have jurisdiction in cases
exceeding 500, or relating to real estate? If
the assumptions of this report correct, such
is the case; for We are told that it is only when
the power of Congress is exercised in reference
TO the admission of a new State, that it has any
right TO legslate for Territory, and OF course il
will not be contended that the Kansas-Nebrsska
act is not constitutional.
Again, il is said
"The act of Congress for the organization of
the Territories of Kansas and Nebraska was
designed 10 conform to the spirit and letter OF
the Federal Constitution, by preserving and
maintaining the fundamental principle of equal
ity among all the States of the Union, notwith-
standing the restriction contained in the eighth
section of the act Of the 9th of March, 1920,
preparatory TO the admission Of Missouri into
: ths Union"
IwouId like TO know from the committee what
under heaven the organization of Territorial
Government in Kansas has TO do with equality
among all the States ? What has il to do with
the equality of right between New York and Ohio,
Illinois and Georgia. Still, that is the object
which is avowed TO preserve equality among the
States. and thst Notwithstanding the restriction
contained in the eighth section of the act of the
9th of March, 1899, preparatory to the admission
of Missouri into the Union, which assumed to
DENY 70 the people forever the right 10 settle the
question Of Slavery for themselves, provided they
should make their homes and organize States
north of $50 so, Eorth latitude" Did the eighth
section of the act preparatory to the admission OF
Missouri into the onion assume what is here
charged? That provision, ia my Judgment, has
been very much misunderstood. IL is provision
relating to the territory" north of $50 30I north
latitude and not to the States to be formed out OF
IT, | have not the provision before me, but
know that il provides, substantially, that IN oil
that territory" north of 300 30' Slavery eEsll be
forever prohibited. The word "forever occurs
In il: and that word seems 10 be very potent,
in the estimation of some gentlemen, ent, iise
the word " hereafter" or any other word used IN
law in reference TO Territory, it ceases to have
effect whenever the Territory ceases to exist.
After the Territory is admitted into the Union as
a State, the laws providing for its government
while Territory become Hugatory, unless some
r.royision be made for their continuance
II is conceded by all, that any OF the Old states