Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-03-20

tory which then belonged 10 the United
States, and can have no influence on terri
tory which was acquired from foreign 60
vernments.
The Justice then referred to the cession of
land by Virginia and other States, saying
the object was to put an end to the existing
controversies. and to enable Congress to dis.
pose of the lands for the common benefit.
Undoubtedly the power of sovereignty and
eminent domain was ceded in the act. This
was proper to make it essential. There was
then no government in existence with eau
mcratcd powers What was called the
states, were thirteen Independent colonies
which entered into confederation for mutu-
al protection. 1t was little more than a
congress of ambassadors, in which all had
n common concern. 1t was this congress
which accepted the cession from Virginia.
They had no right to do 50 under the arti-
cles of the confederation, but they had a
right IA independent powers to accept the
land for the common uenciit and it is
equally clear, having no superior to control
them, they had right to exercise absolute
dominion, subject only to the restrictions
which Virginia imposed The ordnance of
l7s7 was adopted, by which the territory
should be governed, and among ether pro
visions was one that slavery or involuntary
sarvitude should be prohibited except for
crime.
ltis was the st't' "' 'hlhgs "heh the
constitution was formed me rrltory
ee'Gd ny Virginia "'Io'G'i 10 thi several
cnh''ueTate st'tes us c"nilhpn property
me St'tes were a"o"' " u'SsoiNe ',e co''-
le"eratloh' anu SURRENDER Por'ion Ut ''''r
power ior tn' ''r'l'''oh o' ne" E9''I',
lh'h', ana tne innSu"Ee uSe' "'"''rU "'i'
sp'clhe' the ou,e'.S u ~ c.on'P'l'utu,
1t was OBVIOUS thnt some PROVISIONS were
necessary 10 g'!' tue a." government c"o
power 10 carry 'n'" 'n'c' 'Nr'S o'Jc'1 W.
whlch the t'rfit9ry was 'eu'u' ~ was NJ
cessary tiao 'he ia''dS Sh'u'u oe soi' ~ pay
the war dep'' anu tn't power snou'u pe
gwen 10 protect thc c'tM'hS VINO "''2"'
emlgrlt'. with thelr rights "I Pr"P'ryc
Arms, military stores (hs well as ships oi
wnr) were the common properly 9' Tue
states existing IN thcir lhd"penneHt c''rac-
ter ana theY hai r'Sht 10 'IHG '"el, llol-
crty 10 the terrl'ory' "'t"o"V '"e u"'"o, y
OF the states ne o'J''V WIS 70 P'rcc
these 'hlhSS n"der t"c gu"r '''9n'P VI
ne" S''trhlhth'' w"ich GN' '9' ''.'
| power 'to make All "teu'u' '.'''S anu ~
latiohS respecting 'h' 'e'Il'ory or o'"'I
| property h'ld IN common at th' 'l'he' n','
not wlth reference to any property "hIch
the sovereignty might Suo''4 "ently "cI uirc'
it P''u 10 'nc Vtrr''ory ''1'' III
ana known ns lne teIrltorg u, tne "l'cOl
states then IN the ihihu o' Vne irHinerS Vi
the constitution. IL refers /, Shc s"l' UT
raising OF money LUIS Is ulnc'c'.t to"l
the power 10 irg''l't' over ,ne te,r
Nith the words 10 MAKE an hee"'ul run
ana r'Gula IONS re1Pec'''R '''' 'iil'o'
are coul the "or"s, ."H I''' P,"P,,::.1
ol tne Vni,eu suites N"e ''e c'''''': '"I
words r'hner TINS co''7'rup.,o', lI'si'''i',
"Ahd hHlh'h% III we otnS.'' '"''''" I.''l' w
so cn".,r "s " P,'J''''''t'S any o.',,'.,
''I Cn'',u ',''.I" -, ~ "@y rn',,",
1t Is OBVIOUS that the ."hir'SS' uhu'r t"'
new eoV'rn.'e''' rrsnare' w., Wv, r,nni
hI her'5s'ry 10 curry .p'" ,'''
~, nt -
"; '',ta .ta oy es ~, ,'oir ,I;r, ,',,,,',r ~,
,ho .,,i ti,an. mad ,,cs. ro,r.lontntiy.l i ~ IN,
s,,,.' 'st,tes nndor tho now ,,v.rnmnnt. III
,',t ,l,;,,,, nrn,,or IN don,rt lr,,u nnv essen
,;'L ,r;r,irri.i and d,j rnt ottanrt to und
'''t ft.' IT, ,.'',, ,ia.
,srritorv aoluIrcd wjt,out tn
Aslo ,initcI states. it remain
limits of the i'm, the /. -
territory until admitte,, .,,utI,o +
No power Is given in the con>,. =
acquire territory to he held and governed 4.
that character, and, consequently. thcr,
cannot be- found in The constitution any de-
fnition of power which Congress may law
fully exercise before it becomes state
The power to acquire territory until it is il
a condition to become a state 81, an coua
footing with the other states must neccs
sarlly rest on sound discretion, and it be-
comes the duty Of the government to admin
lister the laws of the United States for tn,
protection of personal rights and property
therein
Whatever territory ia acouiroi is for tn,
common benefit of the rcop,e of the Unite,
States. which is but trustee. At .hc tim,
that territory WAS obtained from France il
[ contained no upuulntion tn he admit ed "A ;