Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1857-03-19

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the territory acquired by treaty from Iouisi-
ana, and not included Within the limits
lof the State of Louisiana. The difficulty
which meet us, at the threshold is, whether
Congress is authorized to pass such a. law
under the powers granted to it BY the Con-
,stitution The plaintiff .dwells much on
the clause which gives Congress power .'to
make needful rules and regulations respect
ing the territory o. other property Of the
United States 3" But this provision has no
bearing on the present controversy. The
] power there given is confined the terri
tory which then belonged to the United
States, and can have no influence on the
territory which was acquired from fereign
governments. The Justice then referred to
the cessions of land by Virginia and other
States, saying the only object was to put an
end to existing controversies. and to enable
Congress to dispose of the lands for the
common benefit. Undoubtedly the power
of sovereignty and eminent domain was ced-
ed in the act. This was proper to make it
essential. There was then no government
in existence with enumerated powers
What was called the States were thirteen
independent colonies which entered into
confederation for mutual protection. It
was little more than Congress Of Ambassa-
dors, in which all had a common concern.
It was this Congress which accepted the ces-
sion from Virginia. They had no right to
do so under the articles of the Confedera-
ton, but they had right as Independent
powers to accept the land for the common
benefit; 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 ordinance of 1887 was adopted, by
which the territory should be governed, and
among other provisions was one that slave
ry or involuntary servitude should be pro-
Aibited except for crime. sfy-s -
This was the state of things when the
Constitution was formed. The territory
ceded by Virginia belonged to the several
confederate States as common property
The States were about to dissolve the Con-
federation, and surrender portion Of their
power for the formation of new govern
ment, and the language used limited and
specified the objects to be accomplished. -
It was obvious that some provision was
now necessary to give the new government
the power to carry into effect every object
for which the territory was ceded. It was
necessary that the lands should be sold to
pay the war debt, and that power should be
given to protect the citizens who might em-
igrate there, with their rights Of property !;
arms, military stores, Gas ships of war,
were the common property Of the States
existing in, their independent character, and
they had right to take their. property to
the territory without the authority Of the
States" The object was to place these
things under the guardianship of anew gov
ernment, which gives Congress the power
: to make all ''ncedful rules and regulations
respecting the territory or other property of
the United States. !" t applied only to pro-
perty held in common at the time, and not
with reference to any property which the
); sovereignty might subsequently acquire
It applied to the territory then in existence
and known as the territory Of the United
States-then in the mind Of the trainers o1
the Constitution. It refers to the sale OF
raising of money. This is different from
the power to legislate over the territories
4 With the words .'to make all needful rules
and regulations respecting the territory,
are coupled the words land other, propert,
of the United States" And the conclud
ing words render this construction irresisti
ble: ''and nothing in this Constitution shall
be SO construed as to prejudice any claim o
the United States or Of ang particular
I State"
j It is obvious that the Congress, under thu
new government, regarded The above cause
as necessary to carry into effect the princi
|; Piles and provisions Of the ordinance O
J 1887, which they regarded as an act of ths
States in the exercise of their political pow
er at the time and these representatives O.
the same States under the new government
did not think proper to depart from any es.
! sential principle, and did not attempt tt
undo anything that was done.
AS to territory acquired without the linn
its of the United States, it remains terrific.
] ry until admitted into the Union. Nc
power is given in the Constitution to &C:
quire territory to be held and governed in
that character; and, consequently, there
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 in
a condition to become State on an equal
footing with the other States must necessar-
lily rest on sound discretion. and it becomes