The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-08

the part Of the United States the Of local egs-
ation was involved in the dispute Thus, whether we
consider the phraseology OF the lnsfunehS or o
subjects upon which the power OF Congress may act ue
character OF power given the reservation OF rights
as expressed in proyso clause fnd in each aud all
common meanpga meaning which defines the enure
clause relating to the territory solely as property De-
longing to the United Sate And though might other
wise give but little weight TO mere grammatical eonstrue-
ton Of the paragraph, yet the fact oi ts eoncurng SO
precisely with the general scope and tenor OF the consa
tion should render ID conclusive. .M
1t is true that The power OF local legislation is given to
Congress in relation certain places but these places are
distinctly named and the territory OF the Onion is not
among them. Why not3 How easy and natural ~ would
have been TO among the rest and because u was
not named we are now to hunt Up some o"es SsSs aao na
under what We assume 10 be loose aud careless
phrase because if there is mingled with other matters
Men do generally reason nor Is ~ natural ta ey
should Are we to suppose that after careful eaunera-
ton of petty places in which the power might be hseap
the trainers OF the constitution lett ne same power W
doubt aud msconsruction when considered an felauoa
TO the vastly more important regonstbe territories of
the Union Were they particular and exact IN relation 20
small matters careless and indifferent IN regard 70 great
ones The instrument itself warrants such belief Us
language is precise and clear The man VINO wrote IL
knew and understood the force and meaning o. es ~
word Having rejected redundant and equivocal words,
(said he believe ii be clear our language "oud
nermitp The men Of 1889 were jealous OF the power
which they upon ,e Was absolutely re-
quired and they particular ana eHact ia feuou "
the form in which the powers were conveyed ana
the power of Congress the territories 10 the power OF
making rulesneedu rulesor such as necessity lred
But there conclusive reasoa why inc
not and could be, included among the places over
which Congress might exercise that power Inc icuona
of the general government were intended 70 pe
national in their character, but selfpreseryaon nLu wy
dignity of the demanded that Congress snoud
be clothed with power of exclusive Legislation -
miles square; and 1t was supposed that Us
demand like control forts arsenas and DOCK aras,
though even in these it was granted as cohhee.y
dependent for acquisition of their territory upon e
consent of the legislatures OF the States wiiln
they might be- But in the character OF the s
nothing which could render similar power over ein
cessary either the safety Of the government OF 70 t e.
ercise Of any OF its enumerated powers In ohst noui WIG
power is contrary the general objects Tor Whc e
created and was, therefore grasu os ~
far necessity required and as the its5 Thus es
within the rule they of course oInitteu. inus,
anime as we may the power claimed has no sancuon III
either the letter the spirit Of the law Inc M
duties and both grants and limits its powers ana II ne
power legislate for the people OF the ~,
be found within it no such power exists H. and in
law or necessary implication, alone can grant W anu ~
searching for il prefer the text TO any coHeh " M
guide. The text shows no such power. 49, h;,.orr
If we look behind the constitution ana trace the soiy
Of territorial acquisition by the federl government we
find that with the commencement OF thf relounoy ny
claims put forward by different eoo a.b ~ t
tracts of country lying beyond, and withoni poe
actual settlements and jurisdiction. The pounoai ,.S
provinces ill-defned, and different eoiones 80;
the region Each maintained its osh -. ., sals
and as early TT9 Virginia opened an once Tor 'ht
of such unappropriated lands This step gave gr.e
satisfaction and several of the colonies rensed 70 ra ~
Articles of Confederation. They commended thnt .heo
ought to form a fund for the beneht OF all Inc
States and in addition urged that the possession ~ %
large tracts would render any State TOO PoWer u @ %
safety OF the Congress endeavored 70 setue te
dispute and recommended cesson OF fne Janus 10
the federal Union and, finally to satisfy ~, par
ties and promote the desired object that pooyi o
the 10th Of October 1885, resolved "hat the unappropa
ted lands that may be ceded or relinquished 70 tne u
States by any particular State shall be disposed or @
common benefit Of the United States and be setueo ana
formed into distinct republican States which snail
members Of the federal Unon and have the same OF
sovereignty freedom and penn hs rsutes or set
ted at such times and under such regulations as DC
made by Congress To this resolution virginia nlhhy
conormed her deed Of cession and Congress he
power 10 carry ont the agreement Whether II legally pos
sessed under the Articles OF Confederation Wac
quently doubted. Mr. Madison we know sa ae
ned H. In the formation of the constitution % wen as IN
the of the Articles OF Confederation attempts were
made the general question of ownership and power
the territories but the dispute continued ana the e
forts failed. IN. ...I.a.s ~ .ra
When the constitution formed 1t became necessity
remedy the defective OF Congress in regard 70 Tue
territory held by cession from Virginia The resou-
ton was pledge OF the public faith To redeem it Con-
gress needed power dispose of the lands IN that ter
rtory as common fund the power 70 MAKE M
qure them to be formed into distinct republican States
and no could object to this the proper provision
adopted, with general saving clause IN reauon 10
tie rights of parties 10 the old dispute.
Here then stands the history OF the case In ifSo Oon-
gres pledged itself to dispose OF all lands eedea 70 he led
eral Union so form common fund, TO grant or
them be settled, and to form them into dsunct
republican Sates In consequence OF this in lS4 yir-
gna ceded the territory OF the Northwest ana IN lS9
new constitution formed which, upon this SUBJECT
merely conferred upon Congress the power Ito dispose o.
and make all needfu rules and regulations respecting the
territory or other property belonging TO The United
StaesS And with facts before who can doubtf
The Qraut of power follows the very words oi the rso-
ton of 1900 dspose Of and 20 make rcgutatohs to dis
poss Of as common fund.- and TO make reguatlons 10
cause the lands 10 be settlcd And the power 10
for the object in viewresained TO the lowest degree
which could enable Congress TO fulfil the terms upon
which Virginia made her cessionbarely the power to
deem the public faith fg
speak Of vrpnias cession, because that embraced the
only territory then possessed by the federal Union .he
strip ceded BY South Carolina unmPortant u was
only yirghias cession which held in view and u ~
only territory in the singular number that spoken OF
in the constitution The very order in which the SUBJECTS
OF that instrument arranged exhibits the tram OF
thought its formation and shows how literally the res
olution of 1880 was copied Its next succeeding lines
guaranty republican form Of government to every State
in the Union stand the factsso reads the history on
this subject They mutually The written oonsti-
tuition conferred power Congress In regard 70 terri
tory except in relation TO the old Northwest anu IN re-
gard to that il defined and limited II to SPECIFIC and mar
row boundsand history shows that such was me in,e-
ton Congress- them must seek the power elsewhere Van
in that clause OF our organic law.
IMPORTANT FROM HaYrrThe suhoined letter (pubished
in the New York Evening Pos contains the latest inte
gence from soulouques dominions:
PoRT Az PRscE, January 9, 1856
: In respect 10 political matters hardly know