The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1857-12-24

the 6rst Congress under Washington-
adapting that ordinance TO the now
Constitution, and adopting it In every
word which IL contained as a law of the
new Government.
You will see in the Abddged Debates
(tbe notes as well as the text that full
justice is done to yourself and to an tho
patriotic men who acted with you iu
that great measure of reconciliation and
paoi6caion; and also in my "Examina-
ton of the Courts opinion--that part
of it which deem political and extra
judicial and oJitcr dc a. AS for what
concerned the individuals before the
Court as parties in the record, j have
nothing to say. That part was judicial;
and whether rightfully or Wrongfully
gotten hold Of aud decided, i lot it
alone; for it was the decision Of the trl-
bunal of highest resort; and the peace
and good order Of society require alE
questions of personal rights TO be set
tied and done with. But in this politi-
cal decision, in which the Supreme
Court acted upon a question beyond its
jurisdiction, and lugged it in as a tail
to a question of negro freedom and in
which it decided upon a view Of the
Constitution, which had no more to do
with it than the adventures Of Robinson
Crusoe, and then reversed the action
Of the Government for seventy years,
and made a new Constitution in all
that relates to Territorial legislation.
in such cases have felt it TO be my
duty, as one of the survivors Of the old
school, to raise my voice against it, and
to appeal to the candid Intelligence Of
my fep citizens to come to the de-
fense Of our Constitution, such as our
fathers made it, and as it was admins
tered for two generations.
I mean whas I say, when I say tho
Supreme Court had as well been look
ing into Robinson Crusoe as looking
| into the Constitution Of the United
States to find the power of Congress to
| legislate for Territories; for it is not
there, but in the ordinance Of 81,
adopted by the Constitution and the FIRST
Congress under Washington, and in
their bright as sovereign proprietors,
having the right to govern what they
have a right to acquire, and become
/ their duty under the State cession acts
and under the treaties of cession. The
''needful rule and regulation clause, "
as the Court said, gave no power to
govern the Territories; it only applied
to property, and that the property Of
the United States--its territory, id est,
land, and its other property, i6 c5t,
personal estate. It conferred no pow
i a. ~ froyr Hhn
reason known to everybody at the time,
and to nobody (hardly) now Uidelicit.
because the government Of the Terrific
ries was provided for in another place
namely in the ordinance of 1887 aud
protected by a clause in the Constitu-
ton, and adopted by Congress, August
18th, 1889, and in the right Of sovereign
proprietors. The Court looked in the
wrong place to find the power of Con-
gress TO legislate for Territories.
1 was breaking down under the ap-
FALLING attack which fell upon me when
L was writing the Examination, and
had to leave some heads unfinished, and
also to add some part after I had given
up this world. My physician, DR.. May,
saw with astouishmcnt that 1 rose from
what he knew l considered tho bed Of
death, (and which he feared to be SOD
and went to my table and wrote. /
was adding something to the "EXam-
ination," and could hardly refrain from
a postcript; "This is my political tes-
lament, written with dying hand. ~
Well l did not die, but have to; and
will die upon the truth and justice Of
what 1 wrote.
! Among the heads sketched, but not
d filled up, are the Florida Territorial
transactions Of 1921, in which Govern
or Jackson, commissioned with power
of Captain General and Intondant Of
/ Cuba, under an act of Congress, tempo
b. r.r.ly continuing the Spanish system Of
government in that territory, and i'm
} which he found occasion to act up to the
| letter Of that law and commission uni
0 ting in himself the supreme, civil, mill
e itary, executive and judicial functions,
r using the military for his arm, and his
/ own fat for authority, sending Gov.
J; Callava to the calaboose, and having
- Judge Fromcntin brought before him
- at the point Of the bayouet for issuing
% haJeas corpus in behalf of tho inn
e prisoned Governor, and laying divers
others by the heels for completely in
C Callayas fault to-wit: Erefusing to do,
a liver up, and intending to carry off iu-
+ dicial records on which depended redress
y to orphan children who had been dos
IS poiled Of their fathers property for &c,
y teen years; and all which actings and
/, doings Of Gov Jackson, exercising over
) Florida the powers Of a Captain Gem
/ oral and Intendant Of Cuba, wore ap.
/ proved expressly by the Monroe admin
IS lstration, (and you know who composed
that administration and implicitly
h sanctioned in each House Of Congress
1t in their refusal to act upon the com
j. plants Of the incarcerated officers, and
l. all upon the ground that the Constitu-
tuition Of the United States did not OK
It tend to a Territory; and that no act Of
r Congress had carried into Florida any
Is Of its provisions--any habeas corpus
10 act any jury trial, or any Warrant eou
r eral or special, or any security a1aas0
Is seizure Of persons, search Of houses. ol
{, capture Of papers and oaogts This
le head, growing out Of the transactions 90