The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-20

upon the admission the State If the people composing
at the time OF application for admission become free
om all restraints but those imposed by the constitution
upon sovereign States then this great principle hardly
be said 20 have been violated whatever may
have preceded this last condition That they thus free
is maintained, and justly by the committee because this
equality is one OF the fundamental principles of our nst
tutons Those who believe that civil government is
senal TO the Territories aud that the right of Con-
gress establish 1.-THE duty raher-is the result of
cessity whether arising from implication otherwise,
hold opinions which free from this difficulty and dan
ger as Congress can exert its power further than the
necessity extends and cannot reach the domestic relations
OF the people In fact the view of the committee be the
true one Il IS not easy to prescribe boundaries to congress
sonal legislation.
have already said that the power to establish these
temporary governments not claimed by the commit
tee of securing public order nor if were
claimed, do see what effect such could have
upon the power OF admisson which does not into
operation t the temporary organization is ,ermnated-
unless, indeed the nadmssibe TO which have allu-
ded, of controlling the condition of the country
AS to the exercise of political rights by any portion Of
the American people, as means of improving their capa-
city for selfgovernmen and Of fitting them for any change
before them is principle Of organization unknown TO
our institutions. Governments not established
schools where free be trained" and "ftted
become members OF great confederacyP And nothing
but entire misrepresentation of the true functions of tho
general government could lead to this fundamental
to the nature Of its just operation This whole subject
has been made the victim of false analoges instead of tho
object of constitutional nquiries has the heresy been
prevalent in any branch of the controversy than in
the derivation of the power of government from the
sty of political instruction Our Territories settled by
our citizens, who all their lives have enjoyed the privilege
OF fslfgovernment man knows as much in Territory
as in State, and just capable OF dischargng his po
ica duties He does not pass the boundary TO learn the
lesson of freeman but he passes it in order by life Of
industry and enterprise improve his condition. and to
grow with the growth of the country.
have said that the power of congressional government
Is claimed by the committee, not only as means OF en-
ablng the people form and mould their institutions but
also as means of establishing State government pre-
paratory to admission into the Union. am here at fault
again, and it is the necessary and proper connex
ion between the institution of government and its
ed purpose, which Is to justify the action of Congress
namely the establishment of State government Assu
ming that the POWER establish States among the grant
ed powers which carry necessary and proper incidents
with them is the machinery of territorial governments
incident necessary 10 the exercise of this by Con-
gress conne the inquiry this single purpose leaving
Of view the necessity of civil organization for the wants
of society because the latter Is ignored by the committee
and the former constitutes the only ground which they
place this congressional right of ipterposton repeat is
the cousltuuonally adapted to the end The pos
tulate is that Congress may establish territorial govern
men in order to enable the people establish State gov
ernments But how The only means known to our system
by the election of conventions And how these bodies
TO be elected Gases have occurred though they the
cepons which have been justified by the circumstances in
which the local authority has taken the initiative in cali
ing conventions But this is not proceeding which the
committee would sanction established one. The
means to which they refer is the action of Congress
thorzng the election and the convocaton of convention
And what them is left 10 the agency Of territorial gov
ernmen in this change of political condition2 The power
to petition Congress- instead of that measure, the pow
call upon the people do So either by by d
rect application. And this interference which is
sumed authority exheusts the whole power of these terri
torial legislatures And we brought TO this IN
quiry Is this ntermediaton confined 10 this single object
such necessary TO justify the creation Of
ri;oria government with Jurisdiction extending all
the concerns Of life2 Why any intermedison
saryI Why cannot Congress exercise the power ITSELF if
possess it, and receive the application of the people and
then provide for the election OF convention Or why
make early and previous provision, 10y which the
wishes Of the people at any time be asceraned thus
rendering any other interference either general or local
| Unnecessary
This principle once adopted by the Congress Of the
Confederation. II in 1884 in ordinance the pre-
dece0so Of that Of 1884, and in respects its SUPERIOR
for ii avoided the contested points which have made the
latter subject of long and bitter controversysuch the
articles Of compact and the want of power regulate gov
erDmens &c 1t authorized the people upon any Indian
cesson 10 establish temporary governments for themselves
and 1t went still further indicating the for the Con-
grPs Of the Constitution TO take proper not only in itself
but also If all its authority this subject is derived
the committee intmaes from power TO enable the people
of Territory 10 establish State government That
to have been tho opinion il 1884, Of the Congress of the
Confederation respecting the extent Of s authority
| The ordinance provided:
That when any such State shall have acquired twenty
thousand free inhabitants on giving due proof thereof to
poinmens Of time and place. TO call convention Of rep
to establish spermanent constitution and
ment for themselves"
IT. then Congress has the constitutional power 10
able the people Of Territory TO establish State govern
men Il exert that power without intermediaon and
other agency required for that purpose Still less s
!
tohat they should far exceed the necessity which
alone call them into being. territorial governments
required only the means OF enabling the people to
apply 10 Congress to call convention how happens
it that such governments not confined TO the object
Of their institution Judge Mclean lays II down
principle
"That implied powers only be exercised in carrying
into eject specific power and this implication limited TO
such shall be appropriate to the object This
admitted and safe rule OF construction believed
be the only which sanctioned by statesmen
Jurs Powers exercised beyond this are not derived from
the constitution but must depend unlimited discretion,
| and this Is despotism."
This principle in effect receives the sanction Of the
mtee, who admit that the organic law deriving Its valid
ty from the power TO admit States must be exercised
with reference only 10 that end and that "beyond that
point the authority extend" Then sir the cons
tutioua power is TO admit States. The necessary
forming the implied power authority TO enable
The people to establish State government or in other
words TO fern State by providing for the calling Of
convention What then becomes Of the principle Of lmi-
tton laid down by Judge Mclean and by the committee
that implied power be exercised far only as Is
necessary 10 carry into effect granted power Pa prnc
pie by which the committee except the Jurisdiction Of
Congress the subject Of slavery and which, II carried TO
its legitimate conclusion would except every power but
the which touches the oouvecation of convention
How them all the issues Of life and death all the social
and political relations all the objects for which govern
mens are nsitutedhow they brought within the ju
risdicton OF local legislature instituted for single
suiona purpose and that purpose connected with the
action Of the people in the formation Of Sate2 Il
this the "dfusive and duce Interpretation" Of Mr.
Madson2 Does the power to admit States create In
the words Of Mr. Jefferson, necessity "invncble by any
other means than the complete organization Of territorial
goyernments2 content myself with proposing these
questions asked by two Of the great expounders Of
stitutona law avoiding The embarrassment Of answering
them. .,. q.
n. H. A.. e.. A.