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

/ Niorc DIT 2 suggested ven t,oesiby
But sso insisted tSa, proyis OF the Coos,,tu
Ion iesptc'I Territory belonging 10 ths limits. A.
90 not spply to territory acquires by tres,v troc, fr
ego nator. Ibis OF lection must les. upoa The p.a.
na tne CONSTITUTION I'D Dot authorize the FedesA
| Government 10 scquhe forei.n Tertiary and con..
cue py has msde provision FOR its -.
scquird; or that. though The acquisition 90 a.;S.
territory wss Contemplated BY the Con.lituton. ns
prCyisiops concerning the sjms ION Of new S,.,~.
TIE nskirg Of al neec ful rales and regulations 1890
rg territory beior gng 10 the United States vss -,
designed 10 be applicable TO territory acquired run
reis q psiions.
II il un ubtedy true tina, at the date Of the treat,
Of 1873 bvstn tie United Sts,es and France for tSs
oesss Of Lopisisrs. il was made question wtchsr
the Corsii'cion bad consrrsd on tie Executive De-
par ent Of the Government OF the nited STATES 10
Qu're foreign hrrfory by treaty.
There is evidence that Try grave doubts were thee
entertained concerning the existence Of this rover.
But that there then settled opinion in the Eyeca-
tive and legislative branches of the Government hsk
L, Nkower did not eNs, cannot be admitted, without
Ai sse same time in parting 10 those who negotiated
and rat he'd the reaty and passed the laws nosssry to
carry into execution. deliberate and known viola
ton Of their oshs 10 support the Constitution, sn4
whstever doubts may then have existed the question
must now be taken TO have been settled.
tCUr dptnct acquisitions Of foreign territory have
been made by SIS many different treaties under ~
usny fiferent Administrators. Six States formed s(
such territory, sre Tow in he Union. Every branch q
this govern mept. during period Of more han 6fy
years has participated in these transactions To que-
lion their Visibility now, Is vain. A said BY Mr..
Chief Justice MARSHALL, in the American Insurss~e
Compspy agt. Carter, Peters 5f9. " The Constits-
"iion confers absolutely the government of he
Union. the 20 of making war md OF mskng
treaties; cousequett that Government pcssesses As
power Of acquiring territory, either BY conquest q
" resy." And, add, II possesses the power OF gov
enrg il. when acquired. Not by resortinz to supps
sticus ptrscts nowhere found described in the Consu
iuton but expressly granted In the authority to make
s rules and regulations respecting the Territory
of TIE United Sa'es.
Tl@e was TO be established by the Constitutcs
frau Of government under which the people Of the
United Staer srd their poe Gritty were to continue In
d. fntey To take Of its provisions the language
Of which broad enough TO extend throughout tho cx-
is'erce Of the government, and embrace all teritNy
beloreing TO the United States throughout All time an4
narrow down to territory belonging to the United
States hen the Cons tuition was framed, While at D.
ssme tine Il is admitted that the Constitution contcn
plated ard authorized the acquisition, from time -
iue Of other ard foreign territory, seems to me 10 b
sn INTERPRETATION Inconsistent with the nature ana
purposes Of the instrument az il Is with It's language.
ard can have no tstation in rejecting Il.
| ccrs'rue this clause therefore, a. II II he'd rcs6,
Corg,ess shall have power 10 make all needful regula
TORS respecting those tracts of country out Of As
limits OF the several States which the United Staeee
have SECURED may hereafter acquire, by ccssio1
ssve of the jurisdiction as Of the soil, so far - tho
soil may be the property Of the patty making the css-
sion at the tine Of makingt
II has beer urged that the words rules and reGuie-
tiers are not appropriate terms In which 10 coavey
authority to make laws for the government OF the IT,
rtoIy.
rover to the Congiessths II IT, therefore, NECESSARILY
grant of power TO egslae and, certainly. rules 49,
regulations respecting particular SUBJECT msde ~
the legislative power ct country, can be nothing ose
laws Nor do the particular terms employed, In NJ
Judgment tend In any degree, 10 restrict this legisa
live power. Power granted to legislature to % axe
all beedfu rules and regulations respecting the terri
tory is power 10 pass all needul laws respecting II.
The word regulate, regulation, IL several times
used in the institution. is used IN tue fourth sec
ton Of tie first article 10 dscribe those laws OF the
~ fl.x.aa and Al
choosing senators and representatives; In the secssd
section of The fourth srclc to designate the ieghsa-
tive action of State the subject OF fugttivcs from
service, having very ciose relation 20 inc ms1 q
cur present inquiry; in the second section OF Ne third
article TO empower Oongsess 10 AZ the extent ~ ~
appellate urid Of this Court and finally, h Ne
eighth section of the first the words, Coagre0
"sba oil have the power 10 regulate commerce"
II 10 upLecessary 10 describe the body Of Legislation
which has been enacted under this grant Of power; s
variety and extent well known But 1t may b
me ed in passing that. under this power to re4u.
late commerce. Congress has epscted great system OF
municipal laws, and EXTENDED II over the vessels ead
Of the nted States On the high seas end IN for
tgD ports and citizens of the United States
r.id.Lt in China; ard he's established iadlc Atufee,
with power to hfict even capital punishment withis
that country.
IT, then this clause does contain power 10 egslsts
respecting The Territory, what are the limits OF that
power
To his answer that in common with all the othss
legislative powers OF Congress, II ends limits In the
express prohibition on Congress not to do certain
things that in the rcise OF the legislative power.
Congress cannot pass On sz post ao law bill Of st
tar der and in respect to each OF the other pfohib
items contained In the Constitution
Be,ide THE the rules ard regulations must DO need
full. But undoubtedly the question whether pLtios-
lar rule regulation be needful must be finally deter
mined by Congress iseif Whether law DO neeofw
Is legislative political not Judicial, question:
Whatever Corgiess deems needful, 10 90, under ~
grant of POWER 80
Nor am awsre that it has ever been questioned that
lsRs ding N
settlers on the public lands needfu not only y
prepare them for admission to the Union a. states, but
even to enable the United States to dispose OF helsnds
Without government and social order, there can be
nc roperty for without law its ownership it, use, and
the pow OF Opposing of it, TO exist In the eenso
in which these words are used and understood IN ~
civilized States.
Srce then, this power was manfestly conferred 70
enable The United States " dispose Of is public lands
10 settlers and TO admi, them into the UDon Ststes
when, in the judgment Of Congress, they should b
fitted thereor-since hese were the needs Proviaed
for-siuce ii 10 confessed that government indspsn-
sable 10 provide for these needs, and the power "
make all needtl rules and regulations respecting The
Territory cannot doubt that this Is power 70 govern
the Inhabitants Of the territory, ~ such isw e. Coe
gees deems needfuI until they obtain admlssioo -
States.
Whether they snouIu ne titus governed solely b
laws ensc'ed by congress or partly BY laws enscte1
hy !sei:laye DIVE, conferred by Congress, one Of
those question which depend on the judgment Of Con-
gress--s question which Of these Is needful.
But It is Insisted that whatever other powers Con-
eress may have respecting the Territory OF the United
States The suhject Of negro Slavery forms "a ex-
cepiion.
The Constitution declares that Congress shall have
power make all Beedfu rules and regulation" re
spectiDg the territory.
The assertion is though the Constitution says al. IL
does not mean all-thotg h il says ALL without qaalif
cation i, mears all ept such as allow or prohiDt
slavery II canr OF be doubted that 1t incumbent on
hose who would thus Introduce an exception BOZ iouno
e afru