Weekly national intelligencer., 1857-06-27

The Congress of the Confederation had assumed the
power not only to dispose of the lands ceded but in
stcute governments and make laws for their inhabans
In other words, they had proceeded to under the
cesslon which, have seen was as well of the uris-
dction as of the SOIL This ordinance was passed on the
18th of July, 1787 The Convention for framing the
Constitution was then in session at Philadelphia. The
proof is direct and decisive that it known to the
Convention 1t equally clear that it was admitted
ana understood not to be within the legitimate powers
OF the Confederation to pass this ordinance (Jefer-
43.)
The Importance of comforting the new Government
regular powers commensurate with the objects be
attained and thus avoiding the alternative Of failure
to execute the trust assumed by the acceptance of the
cesslons made and expected execution by usurpa
tion could scarcely fail to be perceived That it in
fact perceived is clearly shown by the Federast, (No.
49, where this very argument is made use Of in
mendaton of the Constitution
keeping these facts in view, it may confidently be
serted that there very strong believe before
we examine the Constitution ITSELF that the necessity for
compeent grant of power to hold, dispose of and gov
ern territory ceded adefpected to be ceded could
have escaped the those who framed adopt
ed the Constitution; and that if it did escape their
attention. 1t could not fail TO be adequately provided
for
Any other conclusion would involve the assumption
that subject of the national concern respecting
which the small States felt much jealousy that had
been almost obstacle to the formation
OF the Confederation and which all the States had
deep pecunary and political interests and which had
deem recently constantly agitaed
less overlooked; or that such subject
looked but desgnedy left unprovided for though twas
manifesty subject of concern which belonged
to the of the General Governments and adequate
provision for which could fail be deemed necessary
and proper.
The admission of new States to be framed out of the
ceded territory, early attracted the attention the Con-
yention. Among the resolutions introduced bv Mr. RAN
dolph the 29th of May was one on this subject Res
No. 10, Elliot 1881 which, having been affirmed in
Committee of the Whole on the 9th of June IS Elliot
and reported to the Convention the 9Th of June
Elliot, l9O referred to the Committee of Detail
to prepare the Constitution the 26th of July Is Elliot
316 This committee reported article for the adms
sion cf new States lawfully constituted established
Nothing was said concerning the power of Congress to
prepare or form such States This omission struck Mr.
Madison, who, the 18th of August Is Elliot 1897
moved for the insertion of power dispose of the
appropriated lands of the United States and insti
tute temporary governments for new States arising
therein.
On the 29th of August Is Elliot 1927 the report of the
committee was taken up and, after debate which exhi-
bed great diversity of views concerning the proper
mode OF providing for the subject arising the sup
posed diversity of interests of the large and small States
and between those which had and those which had not
unsettled territory but difference of opinion respect
ing the propriety and necessity of ADEQUATE
vision for the subject, Gouverneur Morris moved the
clause as it stands in the Constitution This with
general appreciation and adopted The whole
section is as follows:
States may be admitted by the Congress into this
Union but shall be formed or erected within
jurisdiction of any other State any State be formed
by the junction of two States parts of States,
without the consent of the Legislatures of the States
ed, as well as of Congress.
The Congress shall power to dispose of and make
all needfu rules and regulations respecting the territory
other property belonging the United States and nothing
in this Constitution shall e prejudice any
claims of the United States any particular State
That Congress has power to institute temporary
governments over the territory believe all agree and
II be admitted that necessity of some power to 90
vern the territory of the United States could and did
not the attention of theonvenon and the peo
pe and that the necessity is great that in the abb
of any express grant, is strong enough to raise
an implication of the existence of that power would
seem to follow that it is also strong enough afford
terial aid In constrning express grant Of power
specting that territory and that they who maintain the
existence of the power without finding any words at all
IN which it is conveyed should be willing to receive
reasonable Interpretation of language of the Consitu
tion manifesy intended to relate the territory and to
| convey to Congress some authority concerning it.
1t would seem, also that when find the subject
matter of the growth and formation and admission of
States and the disposal of the territory for these
ends under consideration some provision
therefor expressly made it is improbable that il
would be- in its terms grossly inadequate provision;
and that ndispensaby necessary power institute
temporary governments, and to egsate for the nhabit
ants of the Territory, passed silently by and left
be deducei from the necessity of the case.
In the argument the bar great attention has been
paid to the meaning of the word territory
Ordinarily, when the territory of sovereign Power is
spoken Of it refers to that of country which is
der the political jurisdiction of that sovereign Power
Thus Chief Justice Marshall lin United States " Bevans
Wheat SS6) says
What then is the extent of jurisdiction which
possesses We answer without hesitation the ursdiconof
Stateis co extensive with its territory
Examples might easily be multiplied of this of the
word but they unnecessary, because it is familiar
But the word territory is used in this broad and
general sense in this clause of the Constitution
At the time of the adoption of the Constitution the
United States held great tract Of country northwest of
the Ohio another tract then of unknown extent ceded
by South Carolina and confident expectation then
entertained and afterwards realized that they then
would become the of other great claim
ed by North Carolina and Georgia These ceded
lay within the limits of the United States and of the
limits of any particular State and the cessons
braced the civil and political Jurisdiction and much
of the soil had previously been granted to ind
viduals.
These words, s'terrtory belonging to the United
States were used in the Constitution to describe an
abstraction but to identify and apply to these actual
subjects matter then existing and belonging the Uni
ted States and other similar subjects which might after
wards be acquired; and this being So all the essential
qualities and incidents attending such actual subjects
embraced within the words territory belonging the
United States fully If each of those essential qua
lties and incidents had been specifically described
say the essential qualities and incidents. But in
determining what the essential qualities and iuci-
dents of the subject with which they dealing
take into consideration only all the particular facts
which Immediately before them but the great
sderaton the minds those who framed
and adopted the Constitution that they were making
frame of government for the people of the United States
and their postery under which they hoped the United
and powerful nation possessing the power make war
and conclude treaties and thus acquire territory
(See Cerre D. Pilot, Cr., 1856; Am lns Co. o. Canter
Pet, 542 With these in view, turn to examine the