The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1857-12-17

R tuition, and in their right as sovereig
proprietors, having the right to Cover
what they have right to acquire, an
u become their duty under the State Cessio
acts and under the treaties of cession-
C The 'needfu rules and regulation clause
l. as the Court said, gave no power to gov
ern the Territories; it only applied +
# property. and that the property Of tn
i United State--its territory. i'll eSt, land
and its other property, di eSi, persona
estate. 1t conferred no powers of gov
eminent, and that for the reason know
to everybody at the time, and to nobod
(hardly) now vdeijcjt, because the GOV
ernment of the Territories was provide,
for in another place namely in the or
dinance of 1887, and protected by
clause in the Constitution, and adopted
by Congress August 7th, 1889, and il
the right of sovereign proprietors. Th
Court looked in the wrong place TO fnt
the power of Congress to legislate 70
Territories.
| was breaking down under the appal
ling attack which tell upon me when
was writing the Examination and hac
to leave some heads unfinished, and als(
to add some part after l had given W
this world. My physician, DIR. May, saw
with astonishment that | rose from wha
he knew | considered the bed of death
| (and which he feared to be SO, } and wenI
TO my table and wrote. | was adding
something to the Examination, and
could hardly refrain from postscript;
This is my political testament, written
with dying hand Well! did not die,
but l have to; and will die upon the truth
and justice Of what wrote.
Among the heads sketched, but not
filled up, are the Florida Territorial trans
actions of 1921, in which Governor jack
son, commissioned with the power of a
Captain General and Inpendant Of Cuba,
under an act of Congress continuing tenn
porarily the Spanish system Of Govern
ment in that Territory, and in which he
found occasion to act up to the letter of
that law and commission, uniting in him
self the supreme, civil, military, execu-
tive and judicial functions, using the mill
tary for his arm, and his own fist for au
thority, sending Governor Gallava to the
calaboose, and having Judge Fromentin
brought before him at the point Of the
bayonet for issuing a writ of habeas cor.
pus in behalf Of the imprisoned Governor,
and laying divers others by the heels for
completely in Callaya's fault, to wit, refu-
sing to deliver up and intending to carry
off judicial records on which depended
redress to orphan children who had been
despoiled of their fathers property for lif-
teen years; and all which actions and do
ings of Gov. Jackson, exercising over
Florida the powers Of Captain General
and Intendant of Cuba, were approved
expressly by the Monroe administration
(and you know who composed that ad-
ministration), implicitly sanctioned by
each House of Congress in their refusal
to act upon the complaints of the incarce-
rated officers; and all upon the ground that
the Constitution of the United States did
not extend to Territory, and that no act
Of Congress had carried into Florida any
of its provisions-any hebeas corpus act,
any jury trial, or any warrant, general of
special, or any security against seizure of
persons, search Of houses, or capture or
papers and effects. This head, growing
out of the transactions in Florida, so re-
cent in date and so up to the exigency of
our argument, was merely named and
sketched in the Examination, but after,
wards well developed in the forthcoming
sixth volume of the Abridgment.
In that same Examination will be seen
the manner in which the act abrogating
The Missouri Compromise was passed, and
The objects for which it was passed, and
Of which it was only the first step and the
wedge; whereof the good people of the
United States are at present profoundly
gnorant, for telegraph reporting has about
killed all popular knowledge Of Congress
proceedings, con6ning their reports 10
'eSuits, too brief and meagre to show how
Congress acts; and yet this is almost the
,nly report of Congress doirgs which the
people will read in this go-ahead age of
steam and electricity.
II is long time since we saw each 9TH
II; and what is called politics have sadly
un down since that time, and especilly I
II the last Presidential term, presenting
,ut little for the attraction of any man
Who has nothing but the public good in
Jew; but here is question Of a new kind,
ational and elevated, on which all who 4
re for the Constitution as our fathers t
nade it, and as they administered it in
heir day and generation, and as the next
eneration administered, (and that with I
ut distinction of party or default of . {
nan, may come together and staud.-- 0
or one can give no political aid or COM :
ort 10 any man or party, in any election,
Tho shall upheld the opinion of the Su- 6
RENE Court in declaring the nullity ofthe t
iissouri Compromise; and in declaring q
he self-extendfhg of the Constitution to J
'erritories, carrying slavery with it, and 6
reyentipg Congress and the people of Q
ie Territory from saying yea or nay to !
5 introduction orrepulsion
| am now we'll recovered, and work n
lg as usual, and expect to finish the A. i
ridgment next summer, and then to add
mother volume 10 the two of the Thirty
ear View, bringing it down to 1860, il Z