The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-03-25

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States" The object was to place thess
things under the guardianship Of new
government, which gives Congress the
power to make all "needful rules aud
regulations respecting the territory os
other property of the United States. ~
1t applied only to property held in COM
mon at the time, and not with refereace
to any property which the sovereignty
mig ht subsequently acquire. 1t applied
to the territory Of the United States
then in the mind of the constitution. 1t
refers to the sale for raising of money
This is different from the power to legis-
late over the territories With the words
'to make all needful rules and regulations
respecting the territory" are coupled the
words "and other property Of the Uai,ed
States" And the concluding words rem
der this construction irresistible: ssand
nothing in this constitution shall be 30
construed as to prejudice any claim of the
United States or Of any particala'. State !"
1t is obvious that the Congress, under
the hew government, regarded the above
clause IS necessary to carry into effect
the principles and provisions Of the
ordinance Of 1857, which they regarded
as an act of the States in the exercise of
their political power at the time; and these
representatives of the same States! under
the new government did not think proper
to depart from any essential principle, and
did not attempt to undo anything that
was done. .2 :sa III
As to territory acquired without the lin
its Of the United States, it remains terri.
tory until admitted into the Union No
power is given in the constitution to ae-
quire territory to be held and governed in
that character; and, consequently, there
cannot be found in the constitution any de-
hnition of power which Congress may law
fully exercise before it becomes State
The power to acquire territory until it is
in condition to become State on al
equal footing with the other States must
necessarily rest on sound discretion, and
it becomes the duty of the government to
administer the laws of the United States
for the protection of personal rights and
property therein aa SD
7 Whatever territory is acquired for the
Tcommon benefit ofthe people of the United
States, it is but trustee Atthe time
the territory was obtained from France il
tcontained no population to be admitted
as State, and it therefore became neces
sary to hold possession of it until settled
and inhabited by civilized community
capable of self government and for ad
mission to the Union. But, as we befor,
, said, it was acquired by the federal gov
f ernment as the representative and trus
tee of the people of the United States, ac
ting through their agents, and governmen
holds it for the common benefit until i
should become associated as member o
|. the Union. Until that time arrived, i
, was undoubtedly necessary that some gov
5 ernment be established to protect the in
, habitauts in their person and property
: The power to acquire carries with it tn
power to preserve. The form of govern
: ment necessarily rests On the discretion O
: Congress. 1t is their duty to establis'
: the best suited for the United States, an
: that must depend on the number of it
. inhabitants, and the character and situa
/ tion of the territory! What government
e is the best must depend on the condition
y of the territory at the time, TO be contin
e ued until it shall become a State. Blu
: there can never be mere discretionar
. power over persons and property. Th
: constitution provides that "Congress sha,
: make no Law respecting On establishmen
e of religion, or prohibiting the free excl
: else thereof; or abriging the freedom c
n speech, or of the press; or the right Of tn
t people peaceaply to assemble, and to- pet
: tion the government for redress {
! grievances" &c Thus the right, an
S this extends to the territories as well q
: the States. Congress cannot authoriz
the territories to do what it cannot do il
e self, it cannot confer on the 7territorie
0 Ipower to violate the provisions IF the COZ
J. stitution. systsss' E7'5i5'l -5fig s3ss'sS q
: 1t seems, however, that there is suppt
e Esedfo be difference between slaves an
ftother property. The people in the fo
y nation of the constitution delegated
J, the general government certain enumers
: ted powers and forbade the exercise
I Others. 1t has no powers over person
d and property of citizens except those Ell
IS umerated in the constitution. II the col
i stitution recognized the right of mast'
'r and slave, and makes no difference betwee
u slaves and other property, no tribunal a.
,e ting under the authority of the Unite
" States can draw such distinction and d
al ny the provisions and guarantees secure
'. against the encroachment of the gover
le ment. AS we have already said, the rig
of of property in a slave is expressly confe
w red in the constitution and guaranteed
n every State. This is language too .pia
n- to be misunderstood; and no words can
O. found in the constitution giving Congre
.w greater power over slaves than over al
ct other description of property,
as It is, therefore, the opinion OF II
DIS court that the act of Congress which pr
i'd hibits citizens from holding .property
he this character north Of . certain line
d = - a 4 .