The daily union., 1856-12-20

ea Of United States extends all Of sd@i
ray and maritime Jurisdiction and that the whole Of this
Judicial must be vested In one supreme Court and
Ia such Inferior courts a. Congress shall from time 70 me
ordxn and establish Hence II has been argued that Con
gess cannot vest admiralty Jurisdiction In courts created by
the territorial legislature.
That was the argument. What the answer
we have only pursue this subject step further TO
perceive that this provision OF the constitution does not apply
the provision defining the qualification of courts.
"The nsxt sentence declares that the judges both Of the
And inferior courts shall hold ansa ooss s sarS
bold their Offices for four These courts then are not
courts in which the Judicial
by the constitution the can be depos
ted They incapable Of receiving it. They are egsa
tive courts created in virtue Of the general right OF sover
eighty which exists in the government In virtue of that
which enables Congress make all needul rules and
regulations respecting the territory belonging to the United
States The jurisdiction with which they invested is not
of that Judicial power which is defined In the third
tcle Of the constitution, but conferred by Congress- In the
over the Territories Of the United States Although adm
ray jurisdiction be exercised in the States in those
spes o he Oonuon the same limitation does not er
tend to the Territories In iegislang for them Congress
exercises ths combined power of the general and OF State
government"
Not that Congress exercises all the powers Of State and
of the general government but that on the subject OF ad
miralty urisdicona jurisdiction exclusively and unlim
tedy conferred the United States by the constitution
Congress- in egisatng for the Territories acts both as
general and State government The Supreme Court has
Or,
never decided it but II understand the principles
nounced by that in number of decisions there can
be result to this discussion except that which the Pres
dent himself has Indicated We must start with under
standing What is the control OF the people of the several
States the relations of persons within their ursdic
ton2 That is admirably expressed in the decision OF
which possessed little local interest connected
with the State Of Kentucky and the State which repre-
sent refer to the Of Strader Graham 10 How
ard, SO 1t was Of this nature certain negroes
musicians owned in the State of Kentucky had been al
lowed by their master the privilege of very often frequent
ing the State of Ohio for the purpose of giving exhibitions
Of their musical TALENT but they always returned after
limited period to their master Afterwards boat nav-
eating the Ohio river between Louisville and Cincinnati
permitted those negroes TO on board and they finally
escaped An action brought for their value, The
court of appeals in Kentucky gave judgment in favor OF
the master The brought to the Supreme Court
here upon the proposition that these negroes having once
been within the jurisdiction Of the State Of Ohio where
slavery not allowed had become free, and that they
could not afterwards be reduced to slavery What said
the court TO that?
Every State has undoubed right to determine the
domestic and social condition Of the persons domi
ced within i territory except in 50 far the powers
the States in this respect are restrained or duties are i'm
There Is nothing in the constitution Of the United States that
in degree control the laws OF Kentucky this
freedom or slavery after their return depended altogether
the laws OF that State and could not be influenced by
Kenuesy to determine for sf whether their employment
in another State should or should not make them free ON their
return"
Now, let start with that proposition viz each State
Of this Union has the absolute and undoubed right TO fix
the status domestic and social condition opersons with
| in its limits. What is the condition of State
which presents herself for admission Is she State
When you have admitted her by your act of admission,
conesedy she is vested with all the rights and powers of
the old States There be two degrees Of States in
this Union 1t canno: be th.. States have greater
privileges than Others II must be that in order sup
port this federal government each State old Las
he undoabted right prescribe the domestic con-
diton of persons within its im If that be the attitude
a. mi vxha
authority under the constitution Gan ooagess say her
Here on the eve OF admission sovereign constituent
OF the Union, we require you to submit to conditions
which we have not imposed any other State p
This question arose in reference TO the State Of Alabama
and it has been debated much win endeayor 10
tain what principle the Supreme Court did settle in the
course OF that adjudication You will reoollect sir that
the State OF Alabama included within the territory
which the ordinance Of 1857 extended by Of Con-
gress, with the exception OF the antslayery clause All
the other provisions Of the ordinance and all the articles
OF compact except oneor there six articles and
that IN relation 10 slavery was but Of the sixwere
extended over it, The question identicay the same
the particular point there happened 70 relate to the ques
ton OF a navigable stream. Now what did the Supreme
Court say2 read from the opinion the Of Pol
lards Lessee V' Hagan, % Howard, 2l2;l
"Tsking the legislative acts Of the United States and
the State, Virginia and Georgia. and their deeds
the United States, and giving TO each separately,
and TO all jointly fair Interpretation, come 70
the ooncluon that intention Of the parties 70
invest the United States with the eminent domain Of the
souhy seded, both nssnn and munisPs ~ f9r the Pgr.
The peformsnce Of The puatons aud conditions
IN the deeds Of ceson and the legislative Connected
them. To correct undersanding Of the rights powers
and duties Of the parties to these contracts neeeary
Il minute examination Of the rights emi.
domain, and the right to the public lands When the
United States accepted the cession OF the territory
domain for the States and to invest them with IT, the
same extent IN all respects that 1t was held BY the States
cedng the Territories"
Thst 70 say Congress in taking upon itself the
troll OF the Territories for specified trusts
and what they3 To invest the State when born
with all the powers and privileges OF original State
this Union. IL that be so that be the which
gress discharges towards the Territories II is fragrant
violation of It's duty Il imposes during ter
roria form Of government any regulation which II has
not The power to impose on State at the time Of ik ad
mission.
| Again, sir, the court ssysi ... II
"The right which belongs the society or TO the
egn OF dsposng, In Of necessity and for public
safety OF all the wealth contained in the State called
70 him who governs, and consequently
part OF the empire sovereign power fvatt Law OF
Nations section a The definition shows that the emf
nen domain although sovereign power, does include
h used In this opinion The compact made Uni
ted States and the State of Georgs sanctioned
constitution OF the United States by the third Of the
fourth article OF which IL IL declared new States NAV
be admitted by the Congress into this Union but
State shall be formed erected within the Jurisdiction
other State State be formed BY
two States parts OF States without
the legislatures Of the States concerned, well Of Con-
gress'"
This is efectual 70 the proposition advanced
by the senator from Vermont yesterday that because the
United States hold the eminent domain of the public
In the Territories they therefore invested with legsa
tive sovereign power The court says that although the
right OF eminent domain Is sovereign power does not