Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-03-27

the Territory is free, both parties acting in
good faith, would be attended with satisiac-
tory results.
The sovereignty of the Federal Govern
mont extends to the entire limits of our ter
ritory. Should any foreign power invade our
jurisdiction, it would be repelled. There is
a law Of Congress to punish our citizens for
crimes committed in districts of country
where there is organized government
Criminals brought TO certain Territories
or States designated in the law, for punish
mont. Death has been inflicted in Arkansas
and in Missouri on individuals for murders
committed beyond the limit of any organized
Territory or State and one doubts that
such jurisdiction was rightfully exercised.
If there be a right to acquire territory, there
necessarily must be an implied power to gov
ern it. When the military force Of the
Union shall conquer a country, may not Con-
gross provide for the government of such
country? This would be an implied power
essential TO the acquisition of new territory.
This power has been exercised, without
doubt Of its constitutionality, over territory
acquired by conquest and purchase.
And when there is a large district of coun-
try within the United States, and not within
any State Government, if it be necessary to
establish temporary government to carry
out power expressly vested in Congress
as the disposition Of the public lands-may
not such government be instituted by Con
gress How do we read the constitution
Is it not practical instrument
: In such cases no implication of power can
arise which is inhibited by the Constitution,
or which may be against the theory of its
construction. As my opinion rests on the
third section, these remarks are made as an
intimation that the power to establish tenn
porary government may arise, also on the
other two grounds stated in the opinion of
the Court in the insurance case, without weak
ening the third section.
| would here simply remark that the Con-
stitution formed for our whole country.
An expansion or contraction of our territory
required no change in the fundamental law.
When we consider the men who laid the foun-
dation of our Government and carried it into
operation, the men who occupied the bench,
who filled the halls of legislation and the
Chief Magistracy, it would seem if any ques-
ton could be settled clear of all doubt, it
was the power of Congress to establish Terri
tora Governments Slavery was prohibited
in the entire northwestern Territory, with
the appreciation of leading men South and
North but this prohibition was not retained
when this ordinance was adopted for the gov
ernment of Southern Territories where Sla-
very existed In late republication of
letter of Mr. Madison, dated November 81,
1919, speaking of this power Of Congress to
prohibit Slavery in Territory, he infers there
is no such power from the fact that it has not
been exercised. This is not very satsfac-
tory argument against any power. as there
are but few if any subjects on which the con-
stitutional powers of Congress are exhausted
1t is true. as Mr.. Madison states, that Con-
gress, in the act to establish a government in
the Mississippi Territory, prohibited the impor-
tation Of slaves into it from foreign parts
but it is equally true. that in the act erecting
Louisiana into two Territories, Congress de-
clared, " 1t shall not be lawful for any person
to bring into Orleans Territory from any port
or place within the limits of the United
States, any slave which shall have been i'm
ported since 79S or which may hereafter be
imported, except by citizen of the United
States who settles in the Territory, under the
penalty of the freedom of such slave The
inference of Mr. Madison, therefore, against
the power of Congress, is of no force, as it
was founded on fact supposed, which did
not exist.
1t is refreshing to turn to the early incl
dents OF out history, and learn wisdom from
the acts Of the great men who have gone to
their account | refer to report in the
House of Representatives, by John Randolph
Of Roanoke, as Chairman of Committee in
March, lS03-ffty four years ago. From
the Convention held at Vincennes in Indiana,
by their President and from the people of the
Territory, petition was presented to Con-
gress, praying the suspension of the provision
which prohibited Slavery in that Territory
The report stated " that the rapid population
~ Il - m -
the opinion of your Committee, that the la
Dor of slaves is not necessary to promote the
growth and settlement of colonies in that re-
gon. That this labor, demonstrably the
dearest of any, can only be employed to ad-
vantage in the cultivation of products more
valuable than any known to that quarter of
the United States that the Committee deem
it highly dangerous and inexpedient, to i'm
pair provision wisely calculated TO promote
the happiness and prosperity of the North
Western country, and to give strength and
security to that extensive frontier In the
salutary operation Of this sagacious and be-
nevolent restraint it is believed that the in
habitants viii, at no very distant day, find
ample remuneration for temporary privation
of labor and of emigration" | vol State
Papers, Public Lands 1907
The Judicial mind of this country, State
and Federal, has agreed on no subject, within
its legitimate action, with equal unanimity as
on the power Of Congress to establish Terri
toral Governments. No Court, State or Fed
eral, no Judge or statesman, is known to have
had any doubts on this question for nearly
sixty years after the power was exercised
Such Governments have been established
from the sources of the Ohio to the Gulf Of
Mexico, extending to the lakes on the north
and the Pacific Ocean in the west, and from
the lines Of Georgia to Texas.
Great interests have grown up under the
Territorial laws over country more than five
times greater in extent than the original Thir
teen States, and these interests, corporate or
otherwise, have been cherished and consoli-
dated by benign policy without any one sup
posing the law-malsng power had united with
the Judiciary under the universal sanction Of
the whole country to usurp a jurisdiction
which did not belong to them Such dis
covery at this late date, is more extraordina-
ry than anything which has occurred in the
iudiciai history of this or any other country