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


Those who maintain that the people Of the Territories
have certain nalenable rights maintain just what our
fathers conlended for first by argument and then by
arms, in opposition TO similar assumption of uneon-
troed power OF legislation by the British Parliament
which declares that Majesty IN PARLIAMENT HAS THE
RIGHT BY STATUTE, TO BIND Tns COLONIES
soEyER. ....
What rights have the people of the Territories?
They possess all those natural rights awren-as Lord
Chatham said when he nobly advocated their existence
and obligation IN the House Of Lords-"wrtten in the
great volume OF Nature which not taken ffom them
and ntrused to Congress by the constitution of the Uni
ted States.
The inquiry, then into the rights Of the people
but into the constitutional power of Congress interfere
with them and this too under government not only Of
limited but Of granted powers and which exercise
authority not conferred by express provision by
sary and proper Implication for these are The words of the
BOOK.
And still more A government whose very corner stone
is the nseparabe conuexon between power and repre-
senation, aud which seeks to extend its ursdctonand
one too which peneraes into the hidden Of
private and domestic life, distant communities
which have no participation in this far-away legsla-
ton mo means 10 keep foreign law-giver from Its
hearthstone "s
hat power, them has the federal legislature over the
Territories of the United States To THE
TESTIMONY
The word terrtory" is to be found in the federal
constitution as applicable to political community. 1t
occurs there but once, and in the following clause
"The Congress shall have power dispose of make
all need rules and regulations concerning the territory
other property Of the United States.''
{Not shall have power to make laws to govern peo-
plel
The Supreme Court has decided and the meaning is un
deniable by any possessing but slight knowledge OF
the laws OF English syntax without such decision,
that he term territory, as here used is merely deserp
tive OF one branch OF property and is equivalent to the
word land and Congress has the power il
over every other property of the United States"
The clause by this construction may be thus read The
Congress shall have to dispose of and make all need
u rules and regulations concerning, the land and other
property of the United States Here is grant of polti
cal power no jurisdiction the lives and persons and
property OF American citizens but only authority to
take care of and sell the public and-such authority
landowner may properly exercise. II the word terri
tory means political community and not land merely
1t follows that as Congress may dispose OF it, they sell
every Territory people and all and this too though the
whole land may have been previously disposed of pur-
chasers and not an acre left to the United States And
this tremendous unlimited power American citizens
involving all the issues of life and DEATH is derived from
simple grant to regulate and sell land And this regua-
ton must be "needfu,' says the constitution Needfu for
whatp For the regulation and sale Of the property Not
ueedul tor the constitution of the United States for
any of the ends for which that compact ormedsuoh
the general welfare the establishment of justice and
Others as Mr. Adams con,ended years since for such
construction is not only in the very face of any just rule
ofnepreaton but would PROSTATE the barriers of the
constitution leaving all powers to be considered needul
which any party might desire exercise This the very
consequence foreseen and foretod by the legislature
Virginia in their memorable resolutions of l799 the
suit of this indeensbe latitude of construction: That it
would have the nadmsshle effect of rendering nugaory
or improper every part of the constitution" .....,
And in this conneJion may ask, what has the relation
OF husband and wife, Of parent and child, of
and servant TO do with the property of the general
ernmentf Or how does that government acquire any -
rsdcon over these conditions of society under the pre-
ence that il is needul for the management of their proper
y7 And may ask as much respecting note of hand,
any Of the infinite variety of the OF life for the
protection of which governments instituted Can
construction be further consuued2
desire to know, if this clause is the foundation of the
authority exercised by Congress the Territories how
1t happens that this authority bas been exercised over
md of anil tba
one foot OF which the Territory eanng the
properyof the United States as In the State of Ohio
ea extent equal TO oneourb part Of the State being the
Connecticut western reserve extending hundred and
twenty miles east and west and the Virginia military
ervation, embracing the whole country between the
Sciota and the Little Miami rivers, both Of which
districts Of country reserved by those States
sPectvely when they made their cessions aud never
belonged not the smallest portion of them the United
States and in the State Of Tennessee when the South
western Territory than seveneghihs Of its area
disposed OF by the State Of North Carolina before its
of ceson and conveyed the United States and
regions In Florida Louisiana Arkansas Mis-
souri, and almost every other Territory, where rights to
land bad been acquired by individuals before the cesson
of the country and held Independent Of the United
States As in these cases there "errory" land
to dispose OF or regulate there nothing which the
constitutional provision could operate And the inquiry
s equally pertinent to the continuance Of this power
after the public land disposed ohow IL carried with
legislative authority the extensive distrcts-sold to
the Ohio company, and to John O. Symmes in that part
fore the general government into operation and how
IL happens that when is sod and thus ceases 10
make part OF the public domain the power Of govern
ment over IL does not cease II that power n derived from
the constitutional authority TO regulate private but
public property In such the power passes with
the object and this clause just applicable private
property In the State Of New York TO private property
In political Territory.
have heretofore shown upon this floor that there were
twelve principles provisions Of the constitution from
which this uncontrolled pewer Of congressional legislation
over the people OF the Territories is deduced have no
purpose to reexsmne them upon this occasion and shall
do little than enumerats them adding three
powers since discovered and do 30 merely to call atte-
ton TO this multitude Of dervative clauses each with its
advocates significant fact furnishing powerful pre-
sumption against the existence Of despotc authority-a
oundling wandering about the constitution in search Of
its true pareniage.
These assumed provisions and principesfor there arc
both--are follows
!. The lsnd-regulating and selling power, to which
have already referred.
.. The and treaty-making power.
3. The right 10 admit new States.
T. The implication cause Of the constitution attaching
itself to the right to sell the public land
3. The rights Of ownership.
8. The right and duty OF settlement
7. The attribute Of sovereignty.
3. The nature Of government
Q. Nationality,
10. The principle OF agency and trust
IL Thst provision Of the constitution which declares
that all debts contracted engagements entered into be-
valid against the United States under this constitution
under the confederation VI. #
H. There are those who admit that the ordinance OF
1857 WINS passed by the old Congress OF the
without authority from the States aud among these
Mr. Adams late President Of The United States who con.
tended not that the clause respecting debts and
ments confirmed the former but that II uhad been tac
confirmed by the adoption OF tho present constitution OF