Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-04-24

Representatives to ~. Before Mr..
Monroe signed the act, il was submit
ted by him to his cabinet, and they
held the restriction of slavery in the
territories, to be within the Constitu-
tional powers of Congress. II would
be singular, if, in 1904, Congress had
powor to prohibit the introduction of
slaves in Orleans territory from any
other part of the Union, under pen
atty Of freedom to the slave, the same
power, embodied in the Missouri
Compromise, could not be exercised
in 1920.
But if 1t be admittedythat the word
territory, as used, means land and
nothing but land, the power Of Con-
gress to organize temporary gov
ernment is clear. II has power TO
make all needful regulations respect
ing tho public lands, and the extent
Of those "needfnl regulations de-
ponds upon the discretion ofCongress,
where the means are appropriate TO
the end and do not conflict with any
Of the prohibitions Of the Constitu-
tion. Ifa temporary government be
deemed necdfal, necessary, requisite,
or is wanted, Congress has power TO
establish it. This court say, in NJ
Culloch VS.. The State of Maryland, A
Wheaton 316 IF certain means
TO carry into effect any Of the powers
expressly given by the Constitution
to the government Of the Union, be
an appropriate measure, not prohibit
cd by the Constitution, the degree of
it's necessity is q question Of legisla-
tive discretion, not of Judicial cogni-
zance."
But Congress has no power TO reg
ulate the internal concerns Of a state,
as Of n territory; consequently, in
providing for the government Of n
territory, to some extent, the combin-
ed powers of the Federal and state
government are necessarily exercised.
II Congress should deem slaves or
free colored persons injurious TO the
population of free territory, as con-
ducing to lessen the value Of the pub
lie lands, or on any othor ground con-
nected with the public interest, thoy
have the power to prohibit them from
becoming settlers in it. This can DO
sustained on the ground of strong
national policy, which is so clearly
shown in our history, by practical
results, that would seem no consider
ate individual can question II, And,
rs regards any uniairness Of such q
policy 20 our southern brethren, rs
urged in the argument IL IL only ne
cessary 10 sny that with one-iourth
OF tho Federal population Of tho
Union, they have In the slave States
q larger extent Of fertile territory
than IL included IN the free states
and II Ia submitted, that if masters Of
slaves be restricted from them Unto
free territory, that the restriction on
the free citizens of .slavcholding
stntcs, by bringing slaves into free
territory. IN four timcs grcatcr than
that complained OF by tho south. -
But not only so some three or four
hundred thousand holders OF slaves,
by bringing them into free territory,
imposed restriction on twenty mil.
lions OF tho free states. The rcpug.
nancy to slavery would probably pro.
vent fifty or hundred ireemen from
settling In slave territory whore one
elaveholdcr would be prevented from
settling IN free territory.
This remark 10 made In answer 10
tho argument urged, TINT n prohibi.
tion Of slavery IN the free territories,
Is inconsistent with the continuance
OF the Union Where territorial
government Is established IN slave
territory, II has uniformly remained
IN that condition, till the people form
u state constitution; the samo course
whore the territory Is free, both par.
ties acting Ia good faith, would be Mt.
tended with satisfactory results.
The sovereignty Of the Federal
Government extends TO the entire
limits OF our territory, Should any
foreign power invade our jurisdiction
Il would be repcllcd, There Is u law
/. of Congress 20 punish our citizens for
crimes committed in districts Of coun-
try where there Is no organized gov
ernment, Criminals arc brought TO
certain territories or states, designa-
ted in the law for punishment.
| would here simply remark that
the Constitution was formed for our
whole country An expansion or
contraction Of our territory required
no change in the fundamental law
When we consider the men who laid
the foundation Of our government,
and carried il into operation, the men
who occupied the bench, who filed
the halls Of legislation and the chief
magistracy, it would seem If any
question could be settled clearer of
all doubt, it was the power of Con-
gress to establish territorial govern
ments. Slavery was prohibited in
the entire northwestern territory with
the appreciation of leading men south
and north; but this prohibition was
? not retained when this ordinance was
adopted for the government Of south
ern territories where slavery existed.
1t is refreshing to turn to the early
incidents of our history, and learn
wisdom from the acts Of the great
men who have gone to their account.
refer to report in the house of re-
presentatives, by John Randolph, OF
, Roanoke, as chairman of committee,
in March, 1SO3-ffty-four years ago.
From the convention, held at Vim
} cennes, Indiana, by their president,
and from the people of the territory,
, a petition was presented to Congress,
: praying the suspension Of the pro-
vision which prohibited slavery in
that territory. The report stated
4" that the rapid population of the
state of Ohio sufficiently evinces, in
; lhe opinion of your committee, that