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


have said that three new sources of power have re-
Gently been discovered to justify congressional nterposi
tion, and now add that these are:
l5 The night and duty Of guardianship.
H. The ransmlssibe power by which the constitution
OF another country substituted for that OF the United
States.
lb What may be called the paernM power which places
| the general government ia loco PARENTS
Mr.. President repeat that have design 10 enter
into an Investigation OF the reasons which urged in
support OF these various dervaons whence the power
government is dednced rather whence il not deduced
contenung myself with leaving them where left them
upon former OCCASION shall depart from this detemi
nation in one two only and do this in
quence OF the presentation of views of views pre-
sented with new force
The mi jorty of the Committee the Territories, in
their recent inquiry into the true foundation Of the power
TO establish territorial governments have sought it, and
seem TO believe they have found in the provision of the
constitution, that "new States may be admitted by the
Congress INTO the Union, &c can such grant
70 such an authority. II proceeds upon the nadmissibe
pretenson that the federal Legislature may take any appro
pirate means not merely TO enable ii exercise granted
but to exercise an independent power over which ii
4 has control @@
Mr. President some years this whole subject Of the
right Of congressional jurisdiction the Territories
learnedy and laboriousy investigated in both wings of
the Capitol 1t was then tained now, among va
rous scources of authority that the right to admit
States carried with it the power to establish governments
Ihere are two purposes for which territory held said
of the most able aud experienced members of the SEN
ate"he disposition Of the soil and the erection of
States. Now the right of governing new territory is
necessary to the efficient exercise Of both objects" And
yet one power is expressly given and the other withheld
and called upon to the latter, if it
speakers but which would render written constitn-
ton plastic instrument to be formed and moulded at the
will of its creature, the legislative authority.
| "The purpose" (of the right Of goyernment) said
another distinguished SENATOR 's TO train up nation of
reemen and TO fit them to share in the privileges of this
Union. And the doctrine is pushed TO as laudinaran
an extent as the lOosest consuctonst desire What
ever said the speaker s necessary to this object Con-
gress is authorized to do"
The majority of the Committee Territories, and the
two members Of the Senate whose opinions have quoted
equally derive the authority govern colonial esab
lishments from the power TO admit States into the
Union. Whether with the views to justify the action
OF Congress- in other words with the views to
the connexon between the power OF sovernHent and the
power OF admission so as to render the former true con-
suiutioua auxiliary of the latter am at loss to de-
termine The senatorial predecessors OF the committee in
the annuneation of the origin of the power trace to the
duty or necessity of training Up rsemen and fitting them TO
Of these infant communities under suoh institutions may fit
them TO become members Of our grea contederaey.
Inc following paragraph contains the position assumed
and maintained by the committee and in whatever light
1t viewed II appears TO equally in theory
| and dangerous in practice
ais not the organization of Territory emineny neces
and of enabling the people thereof
form and mould their local and domestic Institutions aud essb
sh State under the authority of the constu
ton preparatory to its admission into the Union lso the
right OF Congress to pass the organic act for the temporary
government clearly included the provision which au
| thorizes the admission OF new States"
do not understand these views of the committee When
anslyzed it will be found that the power of Dstuting
territorial government is claimed in double capacity
hrs means TO enable Congress enable the people
form and mould their institutions and second to esab
lish State government The forming aud moulding of
political institutions is hguratve expresson-a danger
process of reasoning in strict Investigations but It
seems here to imply their adoption and then their change
from time TO time till the work is completed by It's
adaptation to the wants win of the community In
other part of the report is declared that the people
be left enrely free" in the exeron Of the ghts of self
governmen-ertrey free 10 regulate their domestic nstit
aoy
stsnally the proposition. This is full of self
government and IL the doctrine correct whatever pro-
vision in the organic law nerferes with IT. interes also
with the constitution and Is void. The people therefore,
upon this political theory must be left free TO regulate in
their way the election Of governor tho appointment
of judges and other officers and the nature and extent
their duties well the system Of jurisprudence they
are deprived of this "true freedom"
Experience is certainly desirable in the work Of esab
fishing new system Of laws for county, state Of
things designated preparatory" to that permanent
dtion which admission TO the Union brings with it, How
far the committee consider this chrysals state kind OF
school, IN which the knowledge Of segoyernment Is 10 be
acquired does not distinctly appear whether the people
to be enabled to form and mould their institutions with
view to their practical operation during their subord
nate condition, Of learning how exercise
the rights and privileges which to become their her-
age We have that distinguished senators have here
tofore maintained upon this floor that the last s the
which really coners upon Congress this disputed pow
er And the process Of the committee would to in
dcae somewhat kindred views in the application Of the
power IL indicates identity OF views 10 is derivation
For 1t Is worthy Of fobseryatonperhRps indeed sgni6-
cant act-hat the protection Of life and property and
the preservation Of order the great objects Of human
governments not alluded TO by the committee
reasons for congressional inerposon the necessity
Of legal organization for any such purposes sought be
derived from any express grant Of power There those
and Judge Mclean Is among them who, while they deny
the authority to establish territorial governments d.
recy included In the 10 dispose OF and regulate the
public land yet derive incident from that provs-
ion because the establishment OF order among the emil
grants would facilitate the sale aud settlement OF the land
Mr. Rhe also maintained that doctrine 10 the House Of
Representatives. But the committee while claiming the
same power do not attempt 10 show in what manner II is
incident in other words how its exercise
sary and proper to the ereron Of the right admit
States They say, indeed that the organization ofa Terri
tory Is necessary and proper Of enabling the
people thereof to form and mould their institutions but
there they stop What bearing this work of forming
moulding has upon the act of admission render It
just incident Of that great power may in vain search
\ the report 10 discover.
The doctrine is repeated though in somewhat different
language In another part Of the report; but with the
same defect 10 the process We told that he organic
late their domestic institutions and their internal
In their own way ITO the end that when they attain the
requisite population and establish State povprnment
they may be admitted into the Union aou equal foot
ing" &c But we not told how this "endH admission
Is reached by the ndicaedhe regulation of inter
nal concerns and cannot supply this hiatus in the argu
meut by maintaining that the power Of government may
be assumed in order by the establishment law that the
prosperity OF those remote communities be promoted
and their population augmented with 10 their adj
mission into the Union, because the adoption Of such
principle might lead 10 very fearful consequences II pro-
ceeds upon the assumption that Congress may by virtue
Of the TO admit States take such measures as Il
may judge best calculated facilitate their formation and
application and admission large discretion would be
the result of the establishment Of this doctrine and how