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

by the provisions of the act of Congress
Of 30th June, 1884, (above cited.) By
the twenty-eighth section of that act,
the prisoner, if found guilty, is undoubt-
edIy liable 10 punishment, unless he
comes within the exception contained
within the proviso, which is, that the
provisions of that section shall not ex-
tend to crimes committed by one Indian
against the person or property of another
Indian The court then decides that,
Notwithstanding the adoption of Rogers
by the Cherokees, he was liable to
punishment, under the act, as a white
man."
From the origin of the Government to
this time, all the powers of sovereignty,
without stint or limit, have been exercised
by the United States over the Indian ter
ritory. In establishing Territorial Govern
ments, the United States have granted
them such powers and imposed upon them
such restrictions as Congress thought
proper. Congress has conferred the whole
power over territory of the United States
upon one man. (Act October 81, 1883,
2 Statutes, 245) This act was approved
by Jefferson; and call the military, civil,
and judicial powers exercised by the Off
GERS of the Territory coded by France to
the United States, by the treaty of Both
April, 1903, were, by the terms of this
act, "tO be vested in such person and
persons, and to be exercised in such
manner, as the President of the United
States should direct, for maintaining and
protecting the inhabitants of Louisiana
in the free enjoyment of their liberty,
property, and religion" This power
was held by the President till the pas
sage of the act of Goth March, 1904. e.
Statutes, 1881 And by this latter act,
the Legislative powers were vested in
the Governor, and in thirteen of the most
fit and discreet persons of the Territory,
called the Legislative Council, appointed
annually by the President of the United
States from among those holding real es-
tate therein, and who had resided one
year at least in the Territory, and held no
Office of profit under the Territory or I'M
der the United States.
1t is not easy to name any power of le-
gislation which Congress has not exer-
cised over the Territories, both organized
and unorganized. 1t has bestowed, as we
have seen, the power of governing on
one man, and it has made laws both per-
mlssive and restrictive OH every subject,
Slavery included, such as could be made
only by those having the whole power of
legislation, without limits other than those
imposed by the nature of the Government
itself. The object of all our Governments,
State and National, is to protect life
liberty, and property, and to promote by
wise measures the pursuit of happiness
and Congress possesses over the Terrific
ries power to enact such laws as are not
prohibited in express terms by the Con-
stitution of the United States, or violatiye
of the great purposes for which the Gov
eminent was instituted. Nothing can be
clearer than this, not only from the words
of the Constitution itself, but from the
departments.
In the case of Prigg Us. Pennsylvania,
10 Peters, 61S, the Supreme Court COpin-
ion by Judge Story says, with reference
to the constitutionalty of the fugitive
slave law of 1893
under such circumstances, if the
question were one of doubtful construc-
ton, such long acquiescence in it, such
cotemporaneous expositions of it, and
such extensive and uniform recognitions
of its validity, would in our judgment en-
title the question to be considered at
rest; unless, indeed, the Interpretation
of the Constitution is to be delivered
over to interminable doubt throughout
the whole progress of legislation and of
national operations. Congress, the Ex-
ecutive, and the Judiciary, have upon va
rious occasions acted upon this as
sound and reasonable doctrine
This is sound law with reference to the
constitutiOnality of the fugitive slave act,
and is equally sound with reference to
the originally much clearer subject of the
power of Congress over the Territories. |
This same Judge, in his Commentaries on |
the Constitution Of the United States, sec
ton 1922, says:
1.-THE power Of Congress over the pub
lie territory is clearly exclusive and uni
versal, and their legislation is subject to |
no control, but is absolute and unlimit- |
ed, unless so far as it is affected by stp-
ulations in the cessions, or by the Ordi-
nance of 1857, under which any part of
ii has been settled"
In the same work, section 1919, he |
says:
mo one has ever doubted the authority |
of Congress to erect Territorial Govern
ments within the territory of the United |
States, under the general language of
the clause, to make all needful rules
and regulations; indeed, with the Ordi-
8 nance of 1857 in the very view of the
trainers as well as of the people of the
States, it is impossible to doubt that such |
power was deemed indispensable to
the purposes of the cessions made by the
States. What shall be the form of gov
eminent established in the Territories,
depends exclusively upon the discretion
of Congress"
Judge Kent q CON-, 421, 1920 says:
Exclusive and unlimited power of he-
gislation is given to Congress by the
Constitution, and sanctioned by Judicial
decisions"
Again he says:
"The general sovereignty existing in
6 the Government of the United States
over its territories is founded on the
Constitution, which declared that Con-
gress should have power to dispose of,
and make all needful rules and regula-
tons respecting, the territory or other
property belonging to the United States"
Again he says, (page 4240
1t would seem, from these various
Congressional regulations of the terrific
ries belonging to the United States, that
Congress have the supreme power in the
government Of them, dependino on the