The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-14

SENATOR DOUGLASS REPORT ON KAN
SAS AFFAIRS.
Submitled % Ms Senate MareA l2. lsbs.

Submitted 10 the Senate March IL, 1856.
The COMMITTEES on Territories, to whom referred
much OF the annual message OF the President Of the United
States as relates TO territorial affairs together with his
special message of the Gath day of January 1856 regard
to Kansas Territory and his message Of the 18th Of Feb
rarr In compliance with the resolution of the Senate of
the 4th OF February, 1866 requesting transcripts of
tain papers relative TO the affairs of the Territory of Kan
having given the that serious and mature deb-
Grafton which the Importance of the subject demands beg
leave to submit the following
REPORT.
Your committee deem this an appropriate occasion
state briefly, but distinctly the principles upon which new
States may be admitted and Territories organized under
the authority of the constitution of the United States
The constitution (section D. article - provides that
new States may be admitted by the Congress into this
Union
Section q, article Congress shall have power to-
make all laws which shall be necessary and pronr for
ryng into execution the foregoing powers and all other
powers vested by this const utou 10 the Of
the United States or in any department Office thereof
10th amendment: "The powers not delegated to the
United States by the constitution prohibited by it to
the States reserved to the States respectively or TO the
people"
State Of the federal Union is sovereign power linn
tied only by the constitution OF the United States.
The limitations which that instrument has imposed
few, specific and unitorm-appcable alike to all the
States old and new There authority for putting
restriction upon the sovereignty OF State which the
constitution has not placed on the original States. In
deed if such restriction could be imposed any State
would instantly cease to be State within the meaning
of The federal constitution and in consequence of the in
equality would assmate TO the condition of province
dependency. Hence equality among all the States of
the Union Fundamental principle our fpderalive sys
tema principle mbodied in the constitution the basis
upon which the American Union rests.
African slavery existed in all the colonies under the
sanction of the British government prior TO the Decara
ton of Independence When the constitution of the Uni
ted States adopted, it became the supreme law and
bond of union between twelve slavehoding States and
State Each State reserved the right
decide the question of slavery for itseto continue it
as domestic Institution so long as it pleased, and to
abolish it when 1t chose.
IN pursuance of this reserved right six of the origin al
slaveholdng States have since abolished and prohibited
slavery within their limits respectively without consulting
Congress their sister States while the other six have
tned aud sustained it domestic institution, which, in
their opinion had become firmly enyrafed their
ca systems that the relation between the and slave
could not be dissolved with safety either. In the mean
tme eighteen States have been admitted into the
Union in obedience to the federal constitution equal
footing with the original States including, of course the
right of each to decide the question of slavery for itself
In deciding this question: IL has happened that nine Of
these States have abolished and prohibited slavery
while the other nine have retained and regulated it. That
these new States had at the time of their admission and
still retain equal right under the federal constitution
with the original States 10 decide all questions of domestic
policy for themselves including that of African slavery,
ought not TO be seriously questioned and certainly cannot
be successfully controverted.
They all subject TO the supreme law, which, by
the consent OF each, constitutes the only Limitation upon
their sovereign authority.
Since nd the right to admit new States enumerated
among the expressly delegated in the constitution,
the question arises whence does Cngress derive authority
paratory to their admission into the Union equal
footing with the original Sates2 Your committee not
prepared TO adopt the reasoning which deduces the power
from that other clause of the constitution which says:
Congress shall have power TO dispose Of and make all
needful rules and regulations respecting the territory or
other property belonging TO the United States
The language Of this clause is much appropriate
when applied to property than TO persons II would seem
to have been employed for the purpose Of comforting upon
Congress the power of dposng Of the public lands and
other property beongRg 10 The UHted States and TO make
all nedu rules aud regulations for that purpose rather
than 10 the people who might purchase those lands
from the Uned States and become residents thereof The
word territory was an appropriate expression TO desg-
nate that large Of public lands Of which the United
States had become the by virtue Of the revolution
aud the cession by the several States. The additional
words cor other property belonging to the United States
clearly show that the term erritory" used In its
dinary geographical designate the public domain
and not descriptive Of the whole body of the people
constituting distinct political community, who have no
representation in Congress- and consequently no voice in
making the laws upon which all their rights and liber
ties would depend If it conceded that Congress had
the general aud unlimited power TO make all "needu rules
aDd regulations concerning" their internal Affairs and do
mesc Ii is under this clause of the consu-
on and from this alone that Congress derives authority
TO provide for the surveys Of the public lands for securing
presumption rights to actual settlers, for the establish
ment OF land offices in the several States and Territories
for exposing the lands to private aud public SALE for su
ing patents and confirming titles and In short for ma.
king all needful rules and regulations for protecting and
dispOsng Of the public domain and other property be-
longing 10 the United States.
These nredful rules and regulations may be embraced
and usually found general laws applicable alike to
States add Territories wherever the United States may be
the owner OF the lands other property to be regulated
or disposed Of II make difference, under this
clause Of the constitution whether the territory other
property belonging TO the United States ha be situated
in Ohio Kansas 10 Alabama Minnesota In California
Oregon The power of Congress TO make needal rules
and regulations IA the the States aHd Territories to
the extent that the title vested in the United States lnas
much the right OF legislation in such cases rests eIcu
svey upon the fact Of ownership II is obvious II
tend only 10 the tracts Of land to which tho United States
possess the title and respect 10 each tract
the instant II becomes private property by purchase from
the United States II viii scarcely be contended that Con-
gess possesses the power egsae for the people Of those
states IN which public lands may be located In respect TO
their internal affairs and domestic merely because
he United States may be fortunate TO portion
those States. Yet IL should be borne in mind that this
clause OF the constitution confers Congress the same
TO make needu rules aud regulations in tho States
as 1t does in the Territories concerning the territory or
other property belonging 10 the United States.
10 view OF these considerations committee are not
prepared to affirm that Congress derives authority TO In
stute governments for the people of the Territories from
that clause Of the constitution which ooners the right to
make noedfu rules and regulations concerning the terri
tory other property belonging the United States
much less we deduce the power from any supposed
cesity arising outside Of the constitution and provided
for in that instrument The federal government is Of
delegated and limited powers clothed with rghtfu
authority which does not result directly aud necessarily
from the constitution Necessity, when experience shall
clearly demonstrated its existence may furnish salts
factory tor enargng the authority Of tho federal
government by amendments TO the constitution, Ia the
ghtest for the assumption Of powers deegs
ted aud which, by the tenth amendment expressly
areseryed TO the States respectively TO the people
Hence before the power be safely exercised the right