New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-10
uuw vopK nAIIY TRIBUNE, TUESDAY, MARCH 10, 1857.

" IT, 80 "territcry." secT6irg 10 Worcester
nr,.so. and counry-s disaic. Of coantry under
espI"y so's'DDenia do i@ply from The use Of the he
49, p 6thsr ,h., territory Wa osed 80 oeecripdVe
,, Lnc. bu, GOES i, 'oDo~ ths' /. " " 90, u.e' -
S.sr,iu.ve II & district OF county III 0en !. &c
,e,,es i belonged TO the Ini,eo 80 nr@ooH. q,
The pGrpose oil sae-Se ''''''' "
sps. r., Ia admitted tbs, The word tsrrory 81 used
r.srs xud nd nothing but land he power 81 N"I.
sress 70 organize temporary goNerneo. .n-,inS
has newer 70 make all ntedtul reg oo- re-
ar mi, lands and the extent Of thpee ne-uiui re-
nations" depends upon the csc exon o. S"os
vh.re Ia. means arr spproprste % ehe enc - y.
Dc, c. nj IT'D any of the pronto'ops o. go,
iu,ien l. temporary government oe useuisu -.
mi reo.sssfv requisite or Is wanied, 'oostr-s
power 70 establish i. This Court Say 10 MtH AAoSu
". TIE State of M,rssnd Wheat 90;
tsip meals 20 csirv into eec. any OF toe powers ca
pee !, given by the Constitution, 70 the Cove Zen
Of The Orion be an sppnpriate measure, no' p'ou'o
led by TIE Cops1tuon, the degree OF i's ne IS
questsn q legislative discretion, not Oh ud'a' o's
niEsLce ,p,
The power 70 establish Pcst-OficeS and Post Roads
gives wer 20 Congress - make contr acts Tor zoe
tramp rts,i Of the mail, and TO punish s VINO com-
nj, cepredaiors upon in lie Tanst OF ~ ts pisces
of cistrbuten Congress has power % regulste com
me,ce and in the exercise OF lis discretion TO lay sn
mbsrgo which suspends commerce SO, under the
ssu power hareors, lighthouses, ofeakTaters, Nc''
are constructed.
Did Chie'Just'ce Marshall, in saying thst Congress
governed Terror by exercising the monsd pow
en- Of tie Federal and State Govern meois refer 10 un-
I;r,,sd discretion A Government watch can make
Witt men slaves Surely such remark IN the argu
utnt must have been inadvertently uttered On the
coptrsry, there is no power IN the Consuu'ion oy
which Congress can make ei'her WHITE or osck men
slayes In ORE anizrg the Government OF Territory
Congress Is limited 10 means aPproprla - me attain
peut # the Constitutional ob'ct No powers can De
exercised VI eh are prohibited by the Constitution or
.bich are contrary to its spirit so that whether the
object may be the protection of the persons and prop
ery Of purchasers Of the dubic abds Or o. commun'-
tier who have been anteIed to the Union by conquest
or purch,se. they are nta.ory 10 the establishment
! az State Governments. and no more power can De
slsim. or exercised than il necessary to The asn-
mept OF The end This is the limitation OF all the Fed
| trsl powers. ,.L;.
concerns Of State a. of Terrtor' conseqently IN
providing for the COVE IN nent OF Territory, 10 some
extent ibe combined powers of the Federal and Stse
| Cow me nj are necessarily exercised.
!, ConS,e.s should deem slaves free colsred per
81 ne IL furious the population Of Free Territory, as
conducting essep the value OF the puoc lanos or on
anv other eror nd connected with the public interest,
th,y have the power to prohibit them from becoming
.eters in IT, This BE- sustained n the ground OF
sound rational policy which s so clearly sh)wn In our
history by practical results, thai II would seem no CON
sideraie ud question Il. Aud, a. regards
auy upIarn - OF such policy TO our Southern breth'
ri 80 urged in the argument Il ts only nee ssTy TO
ssy that With urth Of the Federal Poplls loa OF
tie ULion the hsve in the Slave States trger extent
Of fertile Terrory than is ncud.d in the Free Sates
and il s submitted If masters OF slaves be restricted
from bringing them into free territory. chat the restrlc
,ion the free citizens of non-slsvehodleg Sa'es
BY bringing slaves into free territory IS four times
erester than that complained of by the South But
not only 80. some three or four hundred thousand
bolders Of saves by bringing them cto Free territory
| iupose restriction on twenty mi1iODs OF the Ere
Ststes. The repuguancy 10 Slavery would probably
prev, nj fifty or hundred eenen from settling ia
Save Territory where slave holder would be pre-
vented from s.ttlipg in Free Territory.
=. VI N IN
Urged that prohibition of Slavery in the Free Ter
rtories ia inconsistent with the continuan of the
ULiop Where Territorial Cover ment is established
n Slave TeIiory IL has uniformly remained in that
condition until the people form state Coast tution
the came where the Territory IL free, both
parties acting in good faith would be attended with
Satisfactory results.
The sovereignty Of the Federal Government extends
10 the entire im Of our Territory. Should any foreign
power invade our jurisdiction, 1t would be repelled.
There IL sw Ct Congress TO punish our cit'Eeus tor
Grin committed in dsrcts o. country where there
10 orgarized government Criminals are rpught to
certain Tefr'o'ies or States, Designated in the law, for
puris' mtht Death has been Inflicted IN arhaosas aud
(. Mir-ouri iDdiv duss for murders committed b.,
y,Io The limit any snized r nitory Safe; and
doubts that such q Jurisdiction Ilghtfully
e1ercDed II there be right to acquire Territory there
necessarily must be- implied power to govern II.
When the military free Of the Ulon shall conquer
unity msy not Congress provhe for the government
Of such fry1 TITS would be- al implied 20 ser
sentia 10 the ssquifiion Of new territory. This pc
be- been tIecreO WlD0ut DOUBT OF lis constitution
Any over territory acquired by conquest and ourchpe.
Ard chen there is Sisrge dist let Of country within
the United States and not within any State Govern
en', It 1t be necessary to establish temporary gov
ell ept to cary out power expressly vested In Con-
grsstss the disposition OF the pub lands not
sush government be instituted by Congress How do
read the Constitution1 Is il not practical nsIu
mentl
In srcb cases no implication of power can arise
wlicb il hhibed by the Constitution, or which may be
sganst the theory OF ts construction As my opinion
rests the third section, there remarks m sde %
iutmation that the po to establish q Temporary
government may arse also on the other two grounds
ated n the opinion Of the Court in the insurance csse
wthCu veskenirg he tbnd section.
would here slmply remark that the Constitution
formed for our whole country. An expansion or
contraction q territory required change the
'uI dam. risl law. When consder the men who laid
II fouIoson Of Government. and carried il Into
optraon, the men who occupisd the bench who fllet
the halle of legislation and the Chief Magisfr.cy It
would 80 If any questioD could be iettt Gle Of all
doubt il was the power Of ,ngress 10 tsbsh Terri
total GovernmeDts Slavery was prohibited in the 90
tire boTth western territory, With the appreciation of
lescIg men South aud North but this prObioi ion was
rotieslnec vber this ordnance adop'ed for the GO
D.Dt Of souihe IN territories ~hers Slavery excited
In lafe republication Ct letter of Mr.. Madison,
Gated November ~ 1879 speaking OF this power of
nfis there is no such power from the
fs't that II has not been exercised. Tnls
lie rot d very satisfactory Argument against any
power rs here but few if sly iuhects on which
the stul OIL al powers Of Congress exhausted
IL uue, Mr. Madison states tbs, Congress in the
sct to establish goverDmen in the Mississippi Teen.
tory pIohored the imQortatun Of slaves iLto il fro
foreign parts; but II lie equally true that III the act
erecting ouriani into two Territories, Congress dc
clsr, Is shall not be lawful for any pereon 10 bring
Into Orleans Tenitry, from any port or place within
the mrs Of the United States any slave which "a AL
have beer in ported since 1898 which may hereafter