Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1857-08-08
UTAH.

at Springfield, Illinois, he took the ground
that If the reports from Utah should be
substantisted, Congress should repeal the
organic act of that Territory, and place it
under the act of 1870; and especially
should that be done, since, as was alleged,
the mass Of the Inhabitants ofthat Territory
are not citizens Of the United States, and
refuse to take the oath Of allegiance. The
Black Republicans are a good deal exer.
eised over this speech. They proclaim
that Scoator Douglas has abandoned the
ground that Congress cannot legislste for
Territories, and now actually proposes to
legislate fer them.
The Black Republicans don't understand
the position of the Democratic Party on
tho subject of the power of Congress over
Territories, and they are never likely to
understand it. They show their nescience
whenever they undertake to comment on
the position of the party. The Democratic
Party never held that Congress could not
legislate for Territories at all. They have
announced no such doctrine; nor have
they practiced any such theory. The
organic act of every Territory is legis-
lative act. They do hold, however, that
Congress is restricted in its power by the
Federal Constitution. 1t can only exercise
the power granted insthat instrument, and
the power that may bo necessary to carry
out some express grant of power. There
IS some medium between Unlimited power
and no power at oil, which the faction dou't
seem capable of comprehAnding. They
have been too much occupied with the
horrors Of slavery to spend a thought on the
great practical question of the times, the
government Of the Territories.
Looking to the Constitution on This
subject, Congress has power to admit new
States and the organization ofa Territory
is the first act in the admission of State
1t is not difficult to SEQ that unlimited
power of legislation in Congress is not
necessary to enable Territory to grow
into State, and therefore such unlimited
power is not justified by this clause Of the
Constitution. 1t is moreover provided
that Congress "shall have power to dispose
OF and make all needful rules and repula.
tions for The Territories, and other property
belonging to the United States" This
certainly gives Congress the power to
survey the lands, to secure the titles, and
to protect the person and property of the
purchaser in the purchase. Congress has
control of the army and Indian affairs, and
can employ the former to enforce any
constitutional provision, and the latter
according to its best discretion.
We may look in vain for an unlimited
power in Congress over our Territories 10
the Federal Constitution; but the power to
do what is necessary to carry out express
grants in that instrument, we admit
While some measures may be constitu ional
and others plainly unwarranted by the
Constitution, there may be cases that are
doubtful, which wise statesmen will ayiod.
IN the case of Utah, if the people there are
in rebellion to The authority of the United
States; if they are alien enemies, there is
no purpose of making them State, and
territorial organization cannot be justified
'n that ground; which is the only one 4
lpon which Territorial organisation can
-e justified. The repeal of the organic
let there would be right and proper as
soon as the design of making it State in
ts present condition is abandoned. There {
$ then no warrent for such an organization
N the Federal Constitution, and it ought !
% be expupged from the list of Territories.
Whatchange may be wrought by December ,
'exf, and how. far the reports of oflawlessness
nay be confirmed, we don't know but we
presume the state of affairs there is not
exaggerated, and there is not very aat-
eFing prospect that it will be improved.