The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-13

property belonging to the United States.
These needful rules and regulations may be
embraced, and usually are formed, in general
laws, applicable alike to States and Terrific
ries, wherever the United States may be the
owner of the lands or other property to be re-
gulated or disposed Of 1t can make no differ
ence, under this clause of the constitution,
whe Their the " territory or other property be-
longing to the United States" shall be situated
in Ohio or Kansas, in Alabama or Minnesota,
in California or Oregon; the power of Congress
to make needful rules and regulations is the
same in the States and Territories, to the ex-
tent that the title is vested in the United
States Inasmuch as the right of legislation in
such cases rests exclusively upon the fact of
ownership, it is obvious that it can extend only
to such tracts of land to which the United
States possesses the title, and must cease in re-
spect TO such tract the instant it becomes pri-
vate property by purchase from the United
States.
1t will scarcely be commended that Congress
possesses the power to legislate for the people
Of the States in which public lands may be To-
Gated, in respect to their internal affairs and
domestic concerns, merely because the United
States may be so fortunate as to own a portion
of"the territory and other property" within the
limits of those States. Yet it should be borne
in mind that this clause of the constitution
confers upon Congress the same power to make
needful rules and regulations in the States as
it does in the Territories, concerning the terri
tory or other property belonging to the United
States. In view OF these considerations it can
not be affirmed that Congress derives no au-
thority to institute governments for the peo-
pie of the Territories from that clause Of the
constitution which confers the right to make
needful rules and regulations concerning the
territory or other property Of the United States;
much less can the power be deduced from any
supposed necessity arising outside of the Ger
stitution and not provided for in that instru-
ment.
The federal government is one Of limited
and delegated powers, clothed with no right
iul authority which does not result directly
and necessarily from the constitution. Neces-
sity, where experience shall have clearly de-
uVuStld hSQ lls CAlstCASC, may lul uA5Q
tory reasons for charging the authority of the
federal government by amendments to the
constitution in the mode prescribed in that
instrument. but cannot afford the slight
eat excuse for the assumption Of powers
not delegated; and which by the tenth amend
ment are expressly reserved to the States res
pectively or to the people" Hence, before
the former can be exercised, the right Of Con-
gress to organize Territories, by instituting
temporary governments must be traced direct
~ to some provision of the constitution, con-
ferring the authority in express terms, or as
means necessary and proper to carry into eff
feet some one or more Of the powers which
are specifically delegated. Is not the organi-
cation Of territory eminently necessary and
proper as q means of enabling the people
thereof to form and mould their local and do
mestic institutions and establish State GO
yernment, under the authority of the constitu-
ton preparatory to their admission into the
Union? If so, the right of Congress to pass
the organic &C. for the temporary government
is clearly included in the provision which au
thorizes the admission of new States. This
power, however, being an incident to an express
grant, and resulting from it necessarily by i'm
plication, as an appropriate means for carry
ing it into effect, must be exercised in harmony
with the nature and objects Of the grant from
which it is deduced. The organic act Of the
Territory deriving its validity from the power
of Congress to admit new States, must contain
no provision or restriction which would des-
troy or impair the equality of the proposed
State with the original States, or impose any
limitation upon its sovereignty which the con-
stitution has not placed on all the States. In
other words, the organic act of the TIE rritory
conforming to the spirit of the grant from
which it receives its validity, must leave the
people entirely free to form and regulate their
domestic institutions and internal concerns in
their own way, subject only to the constitution
Of the United States, to the end, that when
they attain the requisite population and es-
tablish State government in conformity to
the federal constitution, they may DE admitted
into the Union on an equal footing with the
originalstates in all respects whatsoever.
We presume that this will be the doctrine Of
the national men in the coming struggle. Can
the Niger WoRsHIPPERs prevail against it?
No fault can be found with the final request
Of the Committee asking leave to bring in a
bill to legalise the election Of delegates by the
people, and the assembling Of convention to
form State government preparatory to ad.
mission into the Union, after it shall be proved
that the Territory has sufficient population to
entitle it to one representative in Congress.
At the same time that this report is present
cd, the minority by Mr.. Collamore of Vernon;
will report. The minority will favor the res
toration Of the Missouri line, which is simply
impossible, or the admission of Kansas into the
Union under the Topeka constitution.
Now, Congress will not be obliged to discuss
the question whether or not the Topeka con
yention represented the people of Kansas.