The Washington union., 1857-05-28

to establish may itself establish courts In which the
judges hold their Offices for a term of years only and
may yss. IN them judicial power upon subjects s9ndea 70
the Judiciary of the United States And, IN doing this,
Congress undoubtedly exercises the cokned power of
the general and State government IL exercises the dis
eretionary power Of State government in authorizing
the establishment of court in which the judges hold
their appointments for term of years only and not du
ring good behavior and IL exercises the power OF the
general government In investing that court with admi
rally jurisdiction which the general government had
exclusive jurisdiction In the Territory
No one, presume, will question the correctness of
that opinion is there anything in conflict with il in
the opinion given The point decided in the case
cited has relation TO the question before the court
That depended the construction of the third article of
the constitution in relation to the Judiciary of the Uni
ted States and the power which Congress might exercise
in Territory in organizing the judicial department of
the government The before US depends upon other
and different provisions OF the constitution altogether
separate and apart from the above mentioned The
question TO what courts Congress may ordan esab
sh in Territory TO administer laws which the constitu
ton authorizes it TO pass and what laws it is or is not
authorized by the constitution TO pass widely differ
entae regulated by different and separate articles OF the
constitution, and stand upon diterent principles. And
satisfied that who reads attentively the
page in Peterss Reports to which have referred
suppose that the attention of the court drawn for
moment to the question before this court that it
meant in that TO say that Congress had right to
prohibit citizen of the United States from taking any
property which he lawfully held into Territory of the
United States
This brings us to examine by what provision of the
stituton the present federal government under its dele
gated and restricted powers is authorized acquire terri
tory outside of the original limits of the United States
and what powers it may exercise therein the person
property of citizen of the United States while it
mains Territory and until ii shall be admitted
of the States of the Union.
There is certainly power given by the constitution
to the federal government to establish maintain colo
MICS bordering the United States at distance TO be
ruled and governed at its pleasure to enlarge
its territorial limits in any way except by the admission
of States. That power is plainly given and ii
State is admitted it needs further legislation by
Congress- because the constitution itself defines the rea
tive rights and powers and duties of the State and the
citizens of the State and the federal government But
power given to acquire Territory to be held and gov
erned permanently in that character.
And indeed, the power exercised by Congress to
quirc territory and establish government there accord
ing to its unlimited discretion viewed with great
jealousy by the leading statesmen of the day and in
the Federalist, mo 49, written by Mr. Madison, he
speaks Of the acquisition of the Northwestern territory by
the conederaed States by the ceson from Virginia. and
the establishment of government there exercise
of power not warranted by the Articles of Confederation
and dangerous to the liberties Of the people And he
urges the adoption of the constitution security and
safeguard against such an exercise of power
We do not mean, however, to question the power of
Congress in this respect The power expand the terri
tory the United States by the admission of States
il plainly given and in the construction Of this power by
all the departments of the has been held to
authorize the acquisition of territory not tit for admission
at the time but to be admitted soon its population
and situation would ene it to admission 1t is acquired
to become State, and not to be held colony and
governed by Congress with absolute authority and
the propriety of admitting State is committed to
the sound discretion of Congress- the power to acquire
territory for that purpose to be held by the United States
until it is in suitable condition to become State upon
equal footing with the other States must rest upon the
discretion. II is question for the political depart
ment of the government and not the judicial and WHIT
the political department of the government shall
ognse within the limits of the United States the judi
cial department is also bound to recognise and to admin
lister in it the laws of the United States far they APP
ply and to maintain in the Territory the authority and
rights of the government and also the personal rights
and rights of property of individual citizens secured
by the constitution. All to say this point
is that there express regulation in the consttu
ton defining the power which the general government
may exercise the person property OF citizen in
Territory thus acquired the court must necessarily look
to the provisions and principles Of the constitution, and
its distribution of powers for the rules and principles by
which its decision must he governed.
Taking this rule to guide it may be safely assumed
that citizens of the United States who migrate to Terri
tory belonging the people of the United States cannot
be ruled colonists, dependent upon the will of
the general government and to be governed by any laws
it may think proper to impose. The principle upon which
governments rest, and upon which alone they
tinue to exist is the union of States, sovereign and in
dependent within their limits in their internal and
domestic and bound together people bya
general government possessing certain enumerated and
restricted powers delegated it by the people Of the
several States and exercising supreme authority within
the scope the powers granted it throughout the do
mnion of the United States power therefore, in the
general government to obtain and hold colonies and de-
pendent territories which they might legislate with
out restriction would be inconsistent with its
istence in its present form Whatever it acquires it
quircs for the benefit of the people of the several States
who created it, 1t is their trustee acting for them and
charged with the duty of promoting the interests of the
whole people of the Union in the exercise Of the powers
specifically granted.
At the time when the Territory in question OBJ
l, pnI finn,
fit to be associated together and admitted Sate and
it therefore absolutely necessary to hold possession of
it, as Territory belonging to the United States until it
was settled and inhabited by civilized community
pabe of sefgovernment and in condition to be adj
mtcd equal terms with the other States member
of the Union. But, have before said, it was
quired by the general government the representative
and trustee of the people of the United States and 1T
must therefore be held in that character for their
and equal benefit; for it the people of the several
States acting through their agent and representative the
federal government who in fact acquired the Territory in
question and the government holds it for their common
use until it shall be associated with the other States
member Of the Union.
But until that time arrives it is undoubtedly
sary that government should be established in or
der to organize society and TO protect the inhabitants in
their persons and property and the people OF the Uni
ted States could act in this matter only through the
they spoke and acted when the Territory obtained,
it was not only within the scope of its powers but 1t
its duty TO pass such laws and establish such govern
ment as would enable those by whose authority they
acted to reap the advantages anticipated from It's acqui-
sitior and To gather there popuation which would