The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-06-12

by Monroe.)
In addition to all this, the Ordinance Of
1887, the provisions of which, in this re-
spect, were extended to various other Ter
ritories, gives to the Governor and Judges
of the Territory Legislative authority there
in until the General Assembly should be
organized and no Representatives could
be elected until there were five thousand
free male inhabitants, of full age, in the
district.
By act of 31st October, r. Statutes,
245, it was enacted, with regard to the
Territory of Louisiana, that " all the mil
itary, civil, and judicial powers, exercised
by the officers Of the existing Govern
ment Of the same, shall be vested in such
person or persons, and shall be exercised
in such manner, as the President of the
United States shall direct"
The act of Doth of March, 1904, (sec
4, p. 284,) vests the legislative powers oil
the Territory of Orleans i'm the Govern
or and in thirteen of the most fit and
discreet persons Of the Territory, to be
called the Legislative Council; who shall
be appointed annually by the President
of the United States, from among those
holding real estate therein, and who
shall have resided one year at least in
said Territory, and hold no office OF
profit under the Territory or the United
States" Both these acts were approved
by Jefferson; but it would be an endless
task to cite all the acts going to show that
Congress had, and exercised, supreme au.
thority on all questions over the Terrific
ries. The whole legislation, from the orr
gin of the Government, has been nothing
else than the exercise of such power. To
this subject, the language of the Supreme
Court Of the United States, Opinion by
Chief Justice Marshall,) in the case OF
Gibbons as. Ogden, g Wheaton, 1861 is
peculiarly applicable. Speaking of the
power to regulate commerce, the Court
says:
cit is the power to regulate that is,
to prescribe the rule by which commerce
is to be governed. This power, like all
others vested in Congress, is complete in
ITSELF may be exercised to its utmost ex-
tent, and acknowledges no limitations
other than are prescribed in the Consti-
tuition. These are expressed in plain
terms, and do not affect the questions
which arise in this case, or which have
been discussed at the bar. If as has
been always understood, the sovereignty
of Congress, though limited to specified
objects, is plenary as to those objects, the
power over commerce with foreign ma
tons, and among the several States, is
vested in Congress as absolutely as it
would be in single Government, hav-
ing in its Constitution the same restric-
tons on the exercise of the power as
are found in the Constitution of the Uni
ted States. The wisdom and the discre-
ton of Congress, their identity with the
people, and the influence which their
constituents possess at elections, are, in
this, as in many other instances-as
that, for example, of declaring war-the
sole restraints on which they have relied
to secure them from its abuse. They are
the restraints on which the people most
often rely solely, in all representative
Governments"
In Pollard's Lessee Us. Hagan ct all,
6 Howard, 229,) the above passage is CT
ted with approval. To the same effect is
Cohens Us. Virginia, C Wheaton, 380.)
The Court says:
"The American States, as well as the
American people, have believed close
and firm union to be essential to their
liberty and to their happiness. They
have been taught, by experience, that this
Union cannot exist without Govern
ment for the WHOLE and they have been
taught, by the same experience, that this
Government would be a mere shadow,
that must disappoint all their hopes,
unless invested with large portions Of
that sovereignty which belongs to indie
pendent States. Under the influence of
this opinion. and thus instructed by ex-
perience, the American people. in the
Conventions of their respective States
6 adopted the present Constitution. If it
could be doubted whether, from its ma
ture, it were not supreme in all cases
where it is empowered to act, that doubt
{ would be removed by the declaration,
6 that this Constitution, and the laws of
the United States which shall be made
in pursuance thereof, and all treaties
made or which shall be made under the
6 authority of the United States, shall be
6 the supreme law of the land; and the
judges in every State shall be bound
& thereby, anything in the Constitution or
laws ofany State to the contrary notwith-
6 standing
"This is the authoritative language Of
the American people, and, if gentlemen
please, of the American States. 1t marks,
with lines too strong to be mistaken, the
/. characteristic distinction between the
Government of the Union and those
6 of the States. The General Government,
6 though limited to it's objects, is supreme
with respect to those objects. This
principle is part of the Constitution
6 and if there be any who deny its neces-
sity, none can deny its authority.
ITO this supreme Government, ample
powers are confded; and, if it were
possible to doubt the great purposes for
which they were so confided, the people
Of the United States have declared that
they are given in order to form more
perfect Union, establish Justice, insure
domestic tranquility, provide for the
common defence, promote the general
{ welfare, and secure the blessings of lib
6 erty to themselves and their posterity.'"
The government of the territory is one
of the objects confided by the Constitu-
ton to the General Government, and
with regard to which it is therefore SUI
preme.
But it is not necessary to infer the
opinion of the Supreme Court of the
United States, with reference to the power
of Congress over the Territories, from
their decision upon the meaning of lam
guage when used to confer other powers.
Various acts of Congress relating to the