Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-05-22
The Power Of Congress over the Do
mestic Institutions of the Terri

The Power Of Congress over the Do
mestic Institutions of the Terri
tories.
The Editor of the Gazette twts US with
being young man, and thinks when we get
older we will probably know more than we
do now, &C.; this we think. not only highly
probable, but very desirable. He is inform
ed, however, that we have never yet plead
our youth, in e controversy, to procure Us
immunity from attack, and when we do il
will be time enough to cast it up to US
Young as we are. we can read, and have
read political history to some advantage, rs
we will make our extracts on the above
topic show.
In the first place the Captain fears we
will attempt to deceive our readers as to
what the real language of the Constitution
is Now the absurdity of this will be more
manifest when we state it to be our belief
that at least ninetecn-twentieths of our
readers are as familiar with that document
as we are, and of course could correct any
misquotation from it.
But we come down to the main question
at issue-the power of Congress over the
Territories OF the United States' Not as
| 10 Il
SLAVERY, alone, but in relation to everything,
connected Herewith. In this controversy
we have not thrown out any crude notions
of our own on Constitutional law, but have
preferred to quote from men who were not
quite so going as we are. In opposition to
this the Gazette at one fell swoop demolish-
es the opinions of statesmen and iurists.
pronounces numerous acts of Congress not
only unconstitutional but absurd, and "plays
smash generally" with the political affairs
of the last half century We return to our
former mode of attack. The Gazette denies
that Mr.. CALHOUN ever gave itas his opinion
that Congress had any power over the in
stitution of slavery in the territories. Now
the gentleman who appears so we'll versed
in political history should not have made
such miserable blurder as this. Will he
turn back to the time when the act now
known as the missouri Compromise had
passed Congress and was waiting the sigma
ture of the President (Monroe,) to become
law! While that bill was in President
MOnroe's hands he submitted it to his Cab
met, and they gave their opinions of it in
writing, sustaining 1t unanimously. IN that
Cabinet were JOHN C. CALHOUN, JOHN
QUINCY ADAMS, VIM. Writ, and others.
Again:-John C. calhoun, in 1850 pro-
nounced the idea that the inhabitants, and
not Congress should legislate-" utterly un-
unconstitutional, without example, and contrary
"to the entire practice of the government, from,
"its commencement to the present time" This
is matter of history.
The Editor of the Gaeette has such knack
of not seeing any thing that sets very hard
fear it would be labor lost to present some
opinions again. We have quoted Story
Kent, Sergeant, Numerous acts OF Congress,
&C., &C., but he can not see them, or abso-
| lutely refuses to notice them. For instance
he takes portion of MarshalPs opinion
which we quoted, and attempts to demolish
it. but utterly fails to see the following,
which we also quoted:--
"They (the people of Florida,) do not,
ahowever, PARTICIPATE IN POLITIC-
GAL POWER; THEY Do NOT SHARE
GIN THE GOVERNMENT UNTIL FLO
"RIDA SHALL BECOME. A STATE"
Again, we have twice quoted the follow
ing from Judge Story, but he fails to per-
ceive it:
The General Government possesses the right o
acquire territory, either by conquest or treaty II
would seem 10 follow. as an inevitable consequence
that it possesses the power to govern what II has
so acquired. The territory does not twhen SO ac-
qnired become entitled 10 seli.government, and Is
not subject the jurisdiction OF any State; 1t must
consequently be made the dominion and lurisdic-
ton OF the Union, or il would be without any gov
eminent nj all No one has ever
doubted the authority of Congress TO erect Terrific.
rial Governments which the territory ofthe United
States, under the general language OF the clause
ito make all necdiul rules and regulations" What
shall be the form of government established in the
territories depends exclusively upon the discretion
of Congress.
We referred him to the acts OF Congress
for the erection of Indiana TERRITORY; for
the adpission of Ohio; for the organizat ion
oc Illinois Territory; Michigan Territory;
Wisconsin Territory; Iowa Territory; Or
eeon Territory; Minnesota Territory; in the
admission of Illinois, Indiana, Michigan,
&C., but all these he fails to see in his reply