Bedford inquirer and chronicle. [volume] (Bedford, Pa.) 1854-1857, 1857-05-15

the act of May 3, 1909, q Stat. at Large
514. fer the governmen. of Illinois Terri
tory; the act Of April 20, 1886, 6 Stat. at
Large, 49, for the government of the Ter
ritory of Wisconsin, the act of june Il,
1888, for the government Of she Territory
Of Iowa; the act of August Ia 1913, for The
govermnnt Of the Territory o. Oregon. To
these should be added the act Of March 6
1920, t3 Stat. at Large, 548.l prohibiting
slavery in the Territory northwest of Ms
souri,, aud north of So deg. 80 min. nOrtl
latitude
/ OF the second class, in which Cougres.
refused to interfere wi:h slavery already ex.
isting under municipal law, aud established
governments by which slavery was ecogni.
nized and allowed, are the act Of March &c
1894, u Stat. at Large, 2s3,l for the gov
ernmsnt Of Louisiana; the act Of Mareh 2,
1905. t2 Stat at Large, 322, for the gov
erumeHt Of the Territory of Orleans: the aci
of June 4, 1872, q Stat. at Large, 743,
for the government Of the Missouri Terri
tory; the act Of March 80, 1922, q Stat.
al Large, 654.l for the govern,neni of the
Territory Of Florida. Here are eight dis
tiact instances, beginning with the FIRST Con
sress, and coming down 10 1913, in which
Congress has excluded sl4vasy from the Ter
ritory of the United States; and SIX distinct
instances in which Congress organized gov
crnments of territories by which slavery was
recognized and continued, beginning also
with the first Congress, and coming down
to The year 1922. These acts were sever
ally signed BY seven presidents of the Un-
ted States, beginning With Washington. and
coming regularly down to John Quincy Adj
ans, thus including all who were in public
! life when the Conseitntion was adopted.
II the practical construction of the Con-
stitution cotenporaneonsly with its going
into effect, by men intimately acquainted
with its history from their personal partici-
patian in framing aud adopting it, aud con-
tinued by them through . long series Of acts
of :be graveSt Importance, be entitled to
weight in the judicial miGd on question Of
construction, 1t would seem to be difficult
| il NOT impossible TO resist the surce Of the
/. acts here adyerted to.
Such has been the settled doctrine also
Of the legal tribunals Of the country, both
State aud National, from the organization
of the government down. In the discus.
sion of the powers Of Congress 10 govern
Territory in the case Of the Atlantic Insu-
rance Company RI. Cantet, ii Peters, Rep.
OF the Supreme Court of the U. s., p. SILL
that great juris;, Chief Justice Marshall in
delivering the opinion Of the Court, said in
regard 20 the people of Florida: ssTheg do
not, however, participate in political power:
they Go net share in the government until
Florida shall become a State; in the mean
tlie Hiotlua Cnbtiuucs 10 ut lcifltotS VI
the Unitel States. governed by that clause
in the Constitution which empowers Con-
gress to make ali needful rules and regula
tions respecting the Tertiary or other prop
erty of the Uuited Statesn And he adds
Perhaps the power of governing territory
belonging to the United States, which has
not by becoming State, acquired the means
Of self government may result necessarily
from the fact that it is not within the juris-
diction of any particular State, and is with
in the jurisdiction and power of the Uuited
States. The right to govern may be the in
esitabe consequences of the right TO acquire
territory; whichever may be the source
whence the power Is derived, Tie possession
Of 1t is uaqaestioasd." And in the close
of the opinion, the Court says. SIN ieg,sla-
ting for them tthe territoriesl Congress sr-
eyeiseahs con5ined porers Of tie GsnsroI and
Siafe Governments"
But why multiply authorities on prin-
ciple which was never before called in ques-
tico. Judge M'Leau, IN his dissenting o.
pinion, 10 this Dred Scot; case, in speaking |
Of the powers Of Congress, says: "The ju- |
dicial mind of this country. State and Fed
eral, has agreed on no subject within its le-
gitimate action, with equal nnanimity as on
the power of Congress to establish territo-
rial governments. No Courts, State or Fed
eral--no judge or statesman, is known to
have had any doubts on this question for
nearly sixty years after the power vas ex-
ercised.'
Such are the hastily prepared views of
gcur committee on some of the mast prom,
inent principles involved in the Dred Scott
ease. In conclusion We feel cpBstrained to
direct the attention Of the Senate to one
more feature in the case, ard which is, if
possible, more alarming than any other yet
referred TO. Ii is to the fact that major
ity of the Court has not only made the de-
liberate effort to nu.lify the plain proyis-
ions of the Constitution, to repudia,e the
wise lessons of all mast history aud expert