Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-03-28

to sime create for themselves"
After much discussion in the convention for
framing the constitution, that body adopted the
following clause -
1.-THE Congress shall have power to dispose Of and
make all needful rules and regulations respecting
the territory other property belonging to the Uni
ted States; and nothing in this constitution shall
be SO construed as to prejudice any claims of the
United States or any particular state"
All will agree that Congress has some pow
er TO institute temporary governments over the
territories. II it be admitted that the nccess-
ty Of some power TO govern the territory of
the United States, could not and did not es-
cape the attention OF the convention and the
people, and that the necessity is so great
that, in the absence Of any express grant,
it is strong enough TO raise an implication of
the existence Of that power it would seem 10
follow that it is also strong enough to afford
material aid in constructing an express grant
of power respecting 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 a red
sonable Interpretation Of language Of the con-
stitution manifestly intended to relate to the
territory, and TO convey to Congress some au-
thority concerning it, 1t is improbable, when
the subject was up, and a provision made, that
that provision should be grossly inadequate.
1t is said that this provision Of the constitu-
ton has no application to any territory save
that then belonging to the United States. But
the convention confidently expected, what was
subsequently realized, that Georgia and North
Carolina would follow the example of the 9TH
er states, and cede their claims aud il must
have been seen that the same necessity would
exist for an authority to dispose Of and make
all neediul regulations respecting this territory
when ceded, as existed for the territory which
had been ceded IL we look at the course Of
the debates in the convention. we shall find that
the then unceded lands constituted in the minds
of the members a subject Of paramount impor-
tance. Again, the United States was claim
ant Of the lands also claimed to be held by
Georgia and North Carolina. Those states on
ly ceded their claims, the United States neither
admitting nor denying their validity There is
not anything in the language, the history, or
the subject matter Of the article which restricts
its operation to territory undeniably owned by
the United States when the constitution was
adopted.
But it is also suggested that provisions Of
the constitution respecting territory belonging
10 the United States do not apply to territory
acquired by treaty from foreign nation. This
objection must rest upon the position that the
constitution did not authorize The federal gov
ernment TO acquire foreign territory, and con-
sequently has made no provision for its govern
men. when acquired. This power 10 acquire
foreign territory by treaty was made question,
aJ,RnsI euisi epa cedad .bu Era9,ce-.- Craze
existence OF that power, but the question was
settled, by the men who had sworn 10 support
the constitution, in ratifying the treaty. -Four
distinct acquisitions Of territory have been ef-
fected by as many administrations. Six states
formed of such territory are now in the Union.
The government has the power Of making trea-
ties, consequently of acquiring territory, and
making all needful rules and regulations con-
cerning il. There was 10 be established by
the constitution frame Of government under
which the people of the United States and their
posterity were TO continue indefinitely. To
take one Of its provisions the language Of which
is broad enough TO extend throughout the ex-
istence Of the government, and embrace all ter
ritory belonging to the United States through
out all time, and narrow down TO territory be-
longing 10 The United States when the consli-
tuition was framed, while at the same time il is
admitted that the constitution contemplated and
authorized the acquisition from time to time, O
other and foreign territory, seems 10 be an IN
depreciation as inconsistent with the nature and
purposes OF the instrument as it is with its Ian
guage.
Judge Curtis construed this clause, therefore
as if it had read, Congress shall have powe
to make all needful regulations respecting those
tracts Of country out Of the several states, which
the United States have acquired, or may here
after acquire, by cessions, as well of the juris
diciion as of the soil, so far as the soil may b
the property of the party making the cessioI
at the time of making il.
There is nothing in the terms employed
''rules aud regulations restrict the legis
lative power. Power granted to Legislature
to make all needful rules and regulations respect
ing the territories, is power to make all need
fu laws respecting it. The word 'regulate'
is used elsewhere in the constitution and un
der the clause Congress shall have power Il
regulate commerce." great system Of law
has been established. Since. then, this powe
was manifestly conferred to enable the Unite
States to dispose of its public lands TO settlers
and to admit them into the Union as states
when in the judgment of Congress, they shoul'
be fitted therefor-since these were the need
provided for-snce it is confessed that govern
ment is indispensable to provide for these needs
and the power is to make all needfA rules an
regulations respecting the territory, canno
doubt that this is power to govern The inhab
itants Of the territory by such laws as Congress
deems needful, until they obtain admission a
states. But it is insisted that whatever othe
powers Congress may have respecting the ter
ritory Of the United States, the subject of negr
slavery forms an exception. The coustiiutio
declares that Congress shall have power to max
"aH needful rules and regulations" respectin!
the territory.
1t will not be questioned that when the con
stituiion of the United States was framed an
adopted, the allowance and the prohibition q
negro slavery were recognized subjects of mum