Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-04-24

therefore. necessarily grant Of power to leg
islate--and, certainly, rules and regulations
respecting a particular subject. made by the
legislative power of a country. can be nothing
but laws. Nor do the particular terms em-
ployod, in my Judgment, tend. in any degree,
to restrict this legislative power. Power
granted to Legislature to make oil necdful
rules and regulations respecting the territory.
is power to pass all necdnl laws respecting
il.
Tho word regulate, or regulation, is several
times used in Che Constitution. Il is used in
the fourth section of the first article to de-
scribe those laws Of the States which pre-
scribe the times. places and manor of choos-
ing senator's and representatives in the Sec
ond section of the fourth article. to designate
the legislative action Of a State on the subject
of fugltivcs from service, having very close
relation 70 the matter Of our present inquiry I;
in the second section of the third article. to
empower Congress 10 fix the extent of the
appellate jurisdiction of this Court and, flu
ally, in the eighth section Of the FIRST arc the
words, Congress shall have the power 70
regulate commerce"
IL is unnecessary 60 describe the body Of
legislation which has been enacted under this
grant Of power; It's variety and cxtcnt are
well known But it may be mentioned in
passing that under this power to regulate
commerce, Congress has enacted great sys-
tom Of municipa, laws and extended IL over the
vessels and crews Of the United States on the
high seas and in foreign ports, and even over
citizens of the United States resident in
China. and has established judicatures. with
power TO inaict even capital punishment, with
in that country
IT. then, this clause docs contain power to
logislate respecting the territory what are the
limits of that power;
To this ! answer that, in common with all
the other legislative powers of Congress, it
finds limits in the express prohibition on Con-
gress not to do certain things; that, in the
exercise of the legislative power. Congress
cannot pass an er post frcio law or bill of at
ainder and SO in respect to each of the
other prohibitions contained in the Constitu-
ton
Beside this. the rules and regulations must
be nesdlul. But undoubtedly the question
whether a particular rule or regulation be
neelial must BE- finally determined By Con-
gross itself Whether a law be needtul is a
legislative or political, not a judicial, quos-
ton. Whatever Congress deems ncedhl, is
so. under the grant of power.
Nor am l aware that it has over been ques-
toned that laws providing for the temporary
government of the settlers on the public
lands arc noedful, not only to prepare them
for admission to the Union as States, but
even TO enable the United States to dispose
of the lands
Without government and social order, there
can be no property, for without law, its own
ership, its use. and the power oil disposing of
it, cease to exist, in the sense in which those
words are used aud understood in all civilized
Satos.
Since, then, this power was manifestly con-
ferred to enable the United 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 should be fitted
therefor--since these were the needs provided
ior-sinco it is confessed that government is
indispensable to provide for these needs, and
the power is to make al aeedtm rules and
regulations respecting the territoay, cannot
doubt that this is power to govern the in
habitants Of the territory, by such laws as
Congress deems neodlul, until they obtain adj
mission as States.
Whether they should be thus governed
solely by laws enacted by Congress, or partly
by laws enacted by legislative power confer
red by Congress, is one of those questions
which depend on the judgment Of Congress-
a question which of these is needful.
But it is insisted that whatever other pow
ers Congress may have respecting the Terri
tory of the United States, the subject of ne
gro Slavery forms an exception.
The Constitution declares that Congress
shall have power TO make "aH needful rules
and regulations respecting the territory.
The assertion is, though the Constitution
says all, it does not mean although it says
all. without qualification, it means all except
such as allow or prohibit Slavery. 1t cannot
be doubted that it is incumbent on those who
would thus introduce an exception not found
in the language of the instrument, to exhibit
some solid and satisfactory reason, drawn
from the subject matter, or the purposes and
objects of the clause. the context, or from
other provisions of the Constitution, show
ing that the words employed in this clause
are not to be understood according to their
clear, plain and natural Specification.
The subject matter is the territory Of the
United States out of the limits of every
State, and consequently under the exclusive
power of the people of the United States.
Their will respecting it. manifested in the
Constitution, can be subject to no restriction.
Tho purposes and objects Of the clause were
the enactment of laws concerning the disposal
of the public lands and the temporary gov
ernment Of settlers thereon, until new States
should be formed. 1t will not be questioned
that when the Constitution of the United
States was framed and adopted, the allow
anco and the prohibition Of negro Slavery
were recognized subjects Of municipal legis-
ation; every State had in some manner acted
thereon and the only legislative act concern
ing the territory-the ordinance of 1891,
which had then so recently been passed-con-
tanned prohibition of Slavery. The pur-
pose and object Of the clause being to enable
Congress to provide body Of municipal law
for the government Of the settlers, the allow
ance Of the prohibition Of Slavrey comes
within the known and recognized scope OF
that purpose and object
There is nothing in tho context which quail
ites the grant of power. The regulations
must "be respecting the territory" An en-
actment that Slavery may or may not exist
there, is a regulation respecting the territory
Regulations must be needful but it is neces-
sarily lett to the Legislative discretion to de-
termine whothor a law be needml. No other