Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-05-08
The Gazette rs. Story, Marshall, ct al

The leader in last weeks Ga-ette starts
off in this style:
The Editor o! the Chronicle in a labored attempt
to proye that Congress has power the subject
of slavery in the Territories. makes assertions tia
we think demands attention at our hands. Nev'r.
perhaps was there more bold attempt 1T perver-
sion and deception than is contained In the uruc'e
to which we nilude.
All this Gss is made merely because HI
our article we misquoted the Constitutio n,
giving not its letter, but clearly its spirit
Now, in the name of Noah Webster, we ask
what is the difference in reality between our
quotation and the real passage! We said:
.sCongress shall nuke all ncediul rules and
regulations for the government Of" &c: the
language of the Constitution is: "Congress
shall have power to dispose of and make ell
necdrul rules ard regulations respecting the
Territory" &c. Rules and regulations
respecting,'' or "Gor the government Of
what is the difference! What are rules and
regulations respecting an object for, if not
for the government Of it!
But Chief Justice MARSHALL has left his
opinion tf this matter upon record. In Pc
ters' Reports, lst vol, page J42, Qn the
case of THE American Insurance Co. md
The Oseaa Insurance Co Of Ne,u York, VS.
356 Bales Of Cotton. Darid Canter claimant
and appsUqnt) } we find the following:
81 the meantime F orida continues to
be Territory of the United States GOV
ERNED by virtue of that clause in the Con-
stituton which empowers Congress to make
all necdiul rules and regulations respecting
the Territory or other property belonging TO
the United States
And again, in the same opinion, he says:
"They he people of Florida] do not, how
ever, participate in politica! power; they do
not share in The Government until florida
shall become State.''
Now, the b,re opinion of Judge Mar
shall is, to use the beautiful language Of the
Gaeetie, ct; most perverse and wanton dis
regard of the meaning OF language, and in
violation Of the manifest intention of the
trainers or that instruments This from the
GQ-etle will have tendency to iniure the
reputation OF the venerable Judge Marshall
and the editor should be cautious how he
speaks.
We quoted Judge St1ry on this point in
the article he is pitching into, but the Ga
zette studiously avoids all alluson to that
quotation. We quote the same again:
The General Government possesses the right to
acquire territory, either by conquest or treaty. it
would seem to follow, rs an Inevitable consequence
that it possesses the power TO govern what it has
| so acquired The territory does not when so ac-
guired. bee entitled 10 scsf-government. and is
rot subject to the jurisdiction OF any State; it must
| consequently be made the dominion and iuriiii
lion OF the Uni III, or it would be without any gov
| tlnnent al all. No one has ever
doubted the authority of Congress to erect Terrific
rial Governments within the territory of the United
States. under the general language of the clause
| TO make all needtul rules and regulations - What
shall BE- the i,;rm OF government established in the
territories depends exclusively upon the discretion
| ot Congress.
| If tile world has misunderstood these opin-
ions (and we presume it has as they differ
from the opinions of the Gaeette,) we would
suppose that work on Constitutional law
from the pen of the Gazette editor would
have an extensive sale.
In the opinion of Judge Marshall above
referred to, we find, also, the following:
perhaps the power of governing Ter
ritory bel ,nging to the United States, which
has not, BY BECOMING A STATE, AC-
GU RED THE MEANS OF SELF
GOVERNMENT, may result necessarily
from the fact that it is not with in the jnris-
dicton of any particular State, and is within
the power and jurisdiction of the United
States. The right to govern may be the in
evitabe consequence of the right to acquire
territory. Whichever may be the source
whence the power is derived, THE POSSES
SION OF IT IS UNQUEsTIoNED."
Let us compare the opinions of great men:
LOOK UPON THIS PICTURE: NOW UPON THIS,
To say that they "Ihere shall be neither
ICoDuress can control slavery nor involuntary
slavery any where is sim servitude in the said ter
ply absurd. Truth never ritory, otherwise than in
leads men TO absurd con punishment OF crimes,
SEQUENCES 49, Gazette. whereof the party shall
have been duly convict
I.,.li Ilr,l., ,,rI- 4