The daily union., 1856-12-20

pose make all rules and regulations
the territory other property belonging to the United
States The term territory, here used, merely ae-
scripye Of one kind Of property and Is equiyaiSt 70 the
word lands. United States Gratic IA Peters, 642
The phrase then according to this construction Of the
Supreme Court would read thus Congress shall have
power TO dispose Of and make all needtut rules and
regulations concerning the lands of the United States
How, after maintaining that property meant land, the
court could decide that 1t carried with II general political
jurisdiction do not undertake TO explain. Gentlemen
the other side contend that the power to regulate lands in
cudes all the power of life and DEATH and all political u
rsdicon the people living upon near them There
no phraseology to justify 50 extensive construction
will go into that question have done so be-
fore. All have say that if the members of the
vention which formed this constitution, who so
nowned in history for the precision Of their language
used such term for such purpose, they are llle en-
titled to the high character they enjoyed. When they
meant give general legislative power they knew how to
express their object They did not use such phrase if
regard the District of Columbia and other places
which exclusive jurisdiction is given They provided that
the government shall possess exclusive legislation
the District ceded for the seat of government and
places ceded for forts arsena & not that Congress shall
have power TO regulate them When they designed to give
general ursdcton they knew the proper termsto employ
1 and here they did not employ them.
But there is question connected with this pretcnsion
which have already put in the Senate but to which
have never received answer will put it again and
ii it be fairly answered will abandon the conrover
sy. 1t is this your power to establish governments de-
pends upon your power to regulate the public lands be-
pos ct land or territory which never
belonged 10 the Unitea States desire to know whe.e
in the establishment of the Northwestern Territory you
got the power to govern the extensive region equal y
some of the States between the Scoto and Little Miami
rivers in the State of Ohio which was never ceded TO the
Unon but reserved by the State of Virginia. and dis
posed Of by her desire also to know where you got
the power exercise legislation the district of
try in which the honorable senator from Ohio Mr. WADE
lives called the Connecticut Western Reserve lying upon
the southern of Lake Erie and extending hun
dred and twenty miles and west about forty north
and SOUTH and which reserved by the State OF oon
necticut and passed to the United SatesY And
put smilar inquiry with respect to Tennessee when 1t
was the Southwestern Territory. 1t WAS cession from
North Carolina but seven-eshhs of the land wers re-
served by that State And simar state OF things though
less extent existed in almost all the new Territories
much of them being held by individuals before the ins
4 tuition of territorial governments.
Il you derive the right govern the Territories from
the power regulate the public lands belonging to the
United Sates-hat lis the termwhat right have you to
establish general political jurisdiction land that never
was owned by the United States
But render the subject still clearer, will change the
question ask you what power you have to govern land
after has ceased to be the property of the United States
When goes into Territory and buys one hundred
acres OF land if your right him depends upon
your right to regulate the public land how your
ernmen continued after the land purchased and ceases
to regulate land belonging to the United States to pass
needfu rules aud regulations concerning it but you go
on with your legislation after the constitutional object to
i which It is applicable has passed from you.
Mr. WADE, | wish TO ask the senator from Michigan
whether he has voted for ay thcse territorial bills
u Mr.. CASs. l have voted for number OF thstn, and
Mr. WADE | want to know whether the senator con.
siderd that he had any constitutional power to do So and
provide for appointing the governors and Judges oil Tie
Territories by this government
Mr. CASS The senator has net done me the honor tc
listen to what have heretofore said on this subject
have stated my views time and again; but wiz W. tery
voted for the establishment OF TERRITORIAL govern
meats but whether have does not touch tie ar
gument You do not reach the true point was 'e'unf
Al Mr.. WADE II you were going to yindicae your OWL
consistency, was about to ssy---A
Mr. CASS. preceded the honorable senatot IN the re
mark but my consistency Is affected will show
t Mr.. COLLAMER The gentleman assumes that the word
territory" standing in connexion with the words " o
other property" limits the regulation to property NOW
we mean 10 upon ii that the word territory is
limited to property Il includes the land but 1t includes
We say that the power of making rules and regu
atons n respect TO territory other property is pow
er to make rules and regulations sch the condition
state of these two subects-mater-the territories and TIN
property-requre The territory, 10 DC sure IN
cudes the title land without reference 70 the Parucula
territorial organizations which afterwards formed
but word territory understand includes both
the Jurisdiction and land, far the territory is con-
cerned and the words other property Of the United
States property without jurisdiction The consttu
does say that Congress shall have power 10 mak
all needfu rules and regulations for the disposition OF al
! property Of the United States !" bat distinction wa
made between territories" and other property" becaus
the word territories included jurisdiction and property
and the other phrase included property without urisdc
r ton.
Mr. oASs Then why did they not say "territory ant
property instead of using which necessarily i'm
e plies that the last includes the frstP
e Mr. C0LLAMER We say that the word territory
includes territory and jurisdiction and the words or othe
properly distinguished from it they not giving juris
dction.
n Mr. CASS 1t is impossible for to undertake h
ute the ground that the honorable senator has assumed
The phrase clear that he who ought 10 be able
read The expression "territoy other property make
property Of territory II 1t bad been intended to give
doutl aspect the word TO include land and potca
jurisdiction why say territory and property, and max
~. thah hlra
Why did il say shall have power govern the Ter
ritores we'll shall have power to regulate land
But to return TO the question asked me by the honora
BILE senator from Ohio. have voted for establishing ter
ritoral governments and the for my
q planned the tmo voted for them upon the ground
necessity the very ground assumed by Mr. Madison in de
fence of the Congress Of the Confederation for the exercs
Of the same power "A this has been done" he says IL
the Federasthst is governments have been organized
&ctwhout the least color Of constitutional authority
He adds that he impues blame to Congress, becaua
they could not have done otherwise "The public interest
necessity OF the imposed them the task Of
. leapiug their constitutional authority"
ell Mr.. WADE. Mr. President--
: Mr. CASS. / cannot be interrupted too often. vii
hear the this time but not again, am anxou
! to conclude
oil Mr. WADE. l want to know whether the senator
siders this entire usurpaton because have right
under the constitution territorial governments
II So how he be driven violate the constitution b.
8 any supposed necessity
el Mr.. OASS. All that repeat have again and agal
discussed This Of those Of necessity In whic
Justification precisely the members Of the old Congres
1 were justified by similar state Of things
Il Mr.. WADE Will the senator allow a moment2
II Mr.. CASS The senator may proceed; but desr