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

erent from the ordinary exercise OF legislative power
When they provided for legislation the District Of Co
umba and the reservations Of the United States they did
not call Ii rules aud regulations but they called D e
proper erInegslation conveying, as IL did lul urs
dcon over American citizens and all the concerns OF life
The convention used the terms rules and be-
they did not grant general powers OF eeaaon ou
power to govern and regulate the property OF the United
States. The intelligence OF the convention wopid DC Dut
little esteemed H. at the of the constitution
instead the present provision, that a legislative powers
herein granted shall be vested &C. they had said that all
The mowers 10 make rules and regulations herein granted
shall be vested &c III instead OF the enactment OF the
eighth article that "his constitution and the laws OF the
United States which shall be made &C. shall be the SUI
preme law Of the land had been declared that this
sttution aud the rules and regulations which shall be
made &c. shall be the supreme rule aud regulation of the
land ..-.
in an inquiry ....
Mr.. CASS. A short one,
Mr.. SEWARD. have often heard, and always take
pleasure in hearing the honorable senator from Michigan
speak this subject denying that the power TO create ter
rtoa is derived from that provision OF the
constitution which authorizes Congress to make needful
rules and regulations for the disposition of the territory
and contendng that the word "errtory was not there
used politically. | have never been fortunate enough to
hear the honorable senator aude TO an argument on hat
subject which think very strongly against him derived
from of the numbers of the Federast If he has il in
the line of bis remarks will say nothing about it, II he
has not will call his attention TO it.
Mr. CASS. | have already such task before me that |
have enough to do do not depend on the tederas IN
the present argument, but the constitution shall
touch directly the power; Dat ask
honorable senator from York. in his place now if the
word "territory in the constitution means political Ter
rory If the power of governing the Territories is de-
rived from the authority To dispose of land, how can you
exercise the power where you have no land
Mr. SEWARD. Twas going TO say to the honorable SEN
that the argument Of Mr. Madison in one OF the num-
beers of the Federslst describing assumption the
ercse by the old Continental Congress power esab
sh in the Territories implies in terms that
the whole territory of the United States was regarded
stock for financial operations of the government but at the
assumed &
ercised over it by the United States in connexon with
this stock operation which seems to to show that the
constitution when adopted transferred in the language
the Federas that subject the idea of political sover-
eighty as we'll as Of property in the land.
Mr. CASS The honorable senator is entirely mistaken
stand ground which is perfectly incontrovertble Mr.
Madison made such proposition, as inmang the
existence of political power the Territories in the Con
press of the Conedeaton say So without looking
book Mr. Madison commended that the Congress of the
Confederation had the slightest authority to estab
lish governments in the Territories He said that ii was
assumed.
Mr. SEWARD. That is what say.
Mr. CASS. ! understood the honorable senator to say
that they had power transferred to this government
Mr. SEWARD. The honorable senator does under
stand me- / say that Mr. Madison spoke of their having
assumed the power but the argument in which be shows
that that assumption usurpaton throws strong
light the language of the constitution and goes to show
that Mr. Madison regarded the clause with respect TO the
authority to dispose of the territory other property,
including the idea of well the dispo-
siton of the public domain.
Mr. CASS. | repeat the honorable senator from New
York is totally mistaken. The ground of Mr. Madison
was that the Congress of the Confederation had such
rght-that they assumed it act of necessity. He
said that necessity alone justified Them and that there
word of complaint in regard it, They assumed it
of necessity which is the very for which
have always commended under this government will
show presently exactly what Mr. Madison said have his
words in my notes, and shall come 10 them directly.
will merely add, Mr. President that the word "Terri-
tories inserted in the eighteenth clause OF the eighth
ton of the first article Of the constitution which grants
legislative powor TO Congress the District of Coum
ba aud the reservations cessons for forts &C. in
the several States would have conveyed all the rights of
government and would have placed the relations between
these political communities and the national legislature
beyond doubt or disputes and so would seven words,
COngress shall exercise legislation the Territories
adopt the phraseoogy Of the clause Just referred and
used by the convention when it intended TO grant the
power Of government 10 exceptional But the
sttuuon contains such clause words, aud their
place not TO be supplied by forced Constructions founded
upon Just principle of Interpretation and at with
the first elements OF human freedom As Judge Mclean
well remarks Such power given in relation to the
District Of Columbia, and IL equally necessary in
gard other Teritores but it is there and pow
or bat that Of the people can place it there.
The Of the failure Of the make pro-
vision in the constitution for the Of Terrific
Tes well explained by the senator from Missouri Mr.
GrTER in his powerful and interesting discussion of this
general subject The ordinance of 1884, which preceded
The signing Of the constitution had exhausted the terrific
rial possessions then belonging United States II
provided for the political organization Of the whole western
territory called being the country north OF the
Ohio and east Of the Mississippi making both temporary
and permanent arrangements for its condition Aud this
accounts for the fact that the proposition Of Mr. Madison
to make provision for power OF government mega
lived in the convention, evidently under the conviction
that the whole subject bad been disposed of by the
ordinance Of 1885, but the power Of regulation and GALE
making part Of the proposition accepted and adopted
into the constitution because the title yet remained 10 the
United States.
Much Of the confusion which ACCOMPANIES this subject
has obviously arisen from confoundng the word terri
tory used in the constitution with the word Terri
tories applied by law and by custom political com
munttes, as the term colonies Is applied in England
and TO such extent has this gone that we find the
phrase often quoted constitutional provision that
Congress shall have power TO regulate the Territories OF
the United States.
Mr.. Yenabe said in the House Of Representatives.
"sir the constitution provides for Territories as property
and authorizes Congress to dispose Of and make al need
rules and regulations"
And what Is less e1cusable Ia the commission Of the
same by Chancellor Kent who 10 his Commenaris,
on The Constitution, equally misquoes that instrument
making II read
Congress shall have power dispose Of and make AL
needul rules and regulations respecting the Territories
other property Of the United States"
Had retained the appellaon Colonies" this confu
sion would have been avoided and this claim Of poca
jurisdiction have arisen under the power to sell land
for then we should have bad double meaning attached
TO the same word.
The political organization OF the Territories is not pro
vded for in the constitution any than II was pro
vded for In the old Articles Of Confederation With re
spee TO the latter Mr. Madison said that ia creating tenn
porary governments the Territories, CoagreSI hao
acted ioa tie Itda color Of constnoaal authority liz
justified The act by he public interest the necessity Of
case which imposed them the task OF OVERLAPPING
their constitutional lmita.7 And be added "yet no
blame has been whispered
And such IA precisely the condition OF the relation be
a.,a ada