New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-14

4 e.
O,dipsrc,. J,fFsron's Works, vol 9,sPp. Pol. 20
F.dersls', No. IS, AZ
| Tie inn ort.rce Of conferring On toe ner GovNrn
| mert regular powers commensurate win the ooeSs
% Re stspec and thus avoiding the alternative OF
ain,e 70 execute the trust assumed cy The 6cep'tnct
of the csssions made and eIps,ted is execution bS
nsurra t;op could scsrcsly fail 10 be perceived Tna
:. VS.. IN '.ct r.rceive} ia cesriy shown by tn
Fsieralst, No. 81, where this very Argument Is made
rse Of IN umeno .iioa Of the Constitution.
Keeping these facts in view, il may confidently be
.s.erfed that there is vey strong reason - believe,
hssore re exsmre the CONSTITUTION ltselt that the ne
cfssv for mpeient gran OF poser % hold. dsp Nse
~ ana Govern Territory coded and oeced IN be ceje
c,rN rot have escsped the attention of those who
rslned or aeo pied The Corstlion; snd that If L did
TO, scsue their stention il could Cot Sal 70 be sde
C,siely provided for
that subject of the grsvest nstiopal concern resPec
inc which the small States FELT much saousy, thst
II had been almost sn insurmountsbe obstacle 10 tie
formation CT The Confederation, and as 10 which II
the States had deep pecuury and political 10 ctests
AID which have been 50 recently aud constantly ag-
tsted was nevertheless overlooked; or that such
suhec. xss Dot overlooked. but designedy ett IN
provided for, though il was msnites,ly subject OF
cog mon concern which belonged 70 the ot the
General Government and adeluas provision for which
could rot fail TO be deemed necessary snd proper.
The admission Ct new states 10 be framed out OF the
ceded territory, early attracted toe senon OF the
CobveLton Among the resolutions in'roddcsd by Mr..
".
ect Res No. 10, ) Eliot, l2sl wbch. having been
sffiru ed in Committee Ct the Whole the 9TH OF
June Is Eliot 80 and reported 10 the Convention
on the 18Th June, Is Eliot 1907 was rserred to the
26th Of JOY > Eliot. So This committee reported
an aiiic for the admission Of new states lawfully
" &C instituted or established Nothing was ssit con-
ctrnpg the power OF Congress to prepare or firm
such states. This emission struck Mr.. Madison, who,
on the lSta Of August, Is Eet, 1897 moved for the
insert.on Of power to dispose Of the uusppto-
pristsd lands Of the United States and TO inssi ute
ieTpoisry sCvtrrmepts for lew stses aring therein
On the 29ih of August ) Eliot, 49!, the report Of
the Committee TAX en- up, and after debate, which
exhibited great diversity of views concerning the
tr,per mode Of ding for the subject arising out
of sur III gtrsty OF INTEREST," of the large and
S,ns :, ates sud be- reen thNee which hal and those
which hsd net VI settled territory but DO difference OF
opinion respecting the propre'y and necessity of some
adequate provision for the subject Governor Morris
Owed the clause II stands in the Constitution. This
met with general appreciation, aud wa at on e adopted
The scctiCn is as follows:
New ste. may BE- admitted by Congress no this Union;
hut ~ pes sa'e snan De 'o't So 90 ~ $500 ~ ,I ~
Ss'e pstts "a stses without the con
e the Legislatures OF the ssies concerned " well a. OF
The Conere, shall have pose- dispose Of and make all
rsop.T, bipsps to the United states. aud uothnr in
Uoututon h be construed as 80 prejudice claims OF
the | nied states or any paiticulF State.
That Congress has come power 10 institute tempo.
rAy governments over the territory, believe all
sgree and, If il be admitted, that the necessity OF
some DO ser 10 govern the territory OF the L n'ted
States could not and did not escape the attention OF
H. Cobvt n'ion end the people, and that the neces
siiy is great that in the absence OF any express
grant it is strong enough TO rsise an Implication of
The existence of that power; 1t would seen to tooE
that il is also strong enough to afford material aid in
constructing express grant of power respecting thst
territory and that they who maintain the exist
eIce of the power, without finding any words at all
in which it is conveyed should be willing TO recsive
a reasonable Interpretation of lsnguage OF the cons!i-
'uiion msnifestly intended TO relate TO the territory
ard TO convey 10 Congress some authority concera-
ing it.
1t would seem also that when we find the subject
matter of TIE growth aud fJration and admission OF
now States and tie disposal OF the Territory for these
erds were under CONSIDERATION, and that some pro-
vision therefor expressly made 1t Is improbto
that il would be- in its teIms. grossly inadequate
provision and that indisp snsaby necessary powes
TO stitufe temporary governments, and to iexsIete
for the nhabsnts of the Territory was passed silently
by, and lett to be deduced nom the necessity Oh me
case.
In the argument at the b.r great attention has been
paid 10 the me sDiDg of the word Territory
Ofdnarily, when the territory OF a sovereign power
is spoken Of il refers 10 that tract Of country which is
under The political jurisdiction of that sovereign
Thus, Chief Justice Marshall lin United STATS sgt.
extent of jurisdiction which State possesses We
answer without hesitation toe jurisdiction of State
sis coextensve with its territory Examples might
essily be multiplied of this use of the word, but they
Territory" is not ufed in this broad and general
in this clause of the Constitution.
At the time Of the adoption Of the Con. tuition, the
United States held grest tract of country north west
of the Ohio; another trsc then of unknown exteot,
ced.d By 81 ub Carolina and confident expectation
was then entertained and aerwad reaz 3D. that they
then were or uld become the Of other grea.
tracts by cesson from North Carolina and Georgia.
There ce6ed tracts lay within the limits Of the United
States and )ut of the limits of any particular State
and the cessions embraced the civil and political urs
oicicn and so much of the sol had not previously
been granted TO individuals.
Ih,se words Territory belonging to the United
Safes" were not used in the Constitution to describe
all abstraction but to identify and apply to these &C
ns SUBJECT mater then existing ADD belonging to the
United States and other similar sui ecs which might
afterwsrd be acquired; and this being 50, all the
feniial qualities and incidents attending such a,tu,l
subjects are embraced within the words Territory
" belor gipg 10 the United States as fully As II eac1
of hcse essential qualities and incidents lad Deen spe'
officially described.
say the essential qualities and incidents. But in
determining what the essential qualities snd Incl
dents Of the subject with which they were dealing, We
must take into consideration not Only ell the particular
facts which were Immediately before them, but the
great condensation present to the minds OF those
Who framed and adopted the Constitution, that they
were making frame of government for the people OF
tbs kiDdIed States ana their posteriy, under when
tfey houed the United States might be- what they have
now become, great aud powerful na'ion. Wnntnese
in view turn TO examine the clause OF the article now
in question.
Il lie said this provision has no spplic stiOn TO any
territory save that then belonging 10 The United Sstos
have already shown that, when the Constitution was
framed, a confident expectation was entertained
which speedily realized-.hst North Carolina and
Georgia would ceGe their claims 10 tina, great territory
which lay west OF these Slater. No doubt hiss been
suggested that the first clause OF this ssne art, lie,
which enabled Congress TO admit new States, ers -
and includes rev States to be o:c ed out OF this terri
tory expected to be thereafter ceded by North Caro-
ina end Georgia. well as new States 70 be formed
cut ofterrtory perth west OF u Ohio which then hal
been ceded by Virgins. II nus. lave been seen,
the efore that the necessity would ex s. for an