Weekly national intelligencer., 1857-06-27

Of the debates the Convention TINS arcte
shall find that the then unceded lands, so far from
having been left Of view in adopting this articles
constituted in the minds of MEMBERS subject OF even
paramount importance.
Again, in what extraordinary position would the
limitation of this clause to territory then belonging 70
the United States place the territory which lay within
the chartered limits of North Carolina and Georgia. The
title that territory then claimed by those otaes
and by the United States their respective claims are
purposey left unsettled by the express WORDS OF .his
clause. and when cessions made by those Stafes
they were merely of their claims to this territory the
United States neither admitting denying the validity
of those claims so that impossible then and has
ever since remained impossible to know whether this ter
rtory did or did then belong to the United States and
consequently know whether 1t was within or without
the authority conferred by this clause to dispose OF and
make rules and regulations respecting the territory OF
the United States This attributes to the eminent men
who acted on this subject want of ability and forecast
or of attention to the known facts upon which
they were acting in which cannot concur.
There is not in my judgment. any thing in the Ian
guage the history the subject matter of this article
which restricts its operation to territory owned by the
United States when the Constitution adopted.
But it is also insisted that provisions of the Consu
on respecting territory belonging to the United States
do apply territory acfssr8d by treaty from for
sgn nation This objection must upon the position
that the Constitution did authorize the Federal Gov
acquire foreign territory and consequently
has made provision for its government when acquired
that though the acquisition of foreign territory
contemplated by the Constitution provisions
ing the admission of States and the making of all
needful rules and regulations respecting territory be-
longing the United States, not designed be
applicable territory acquired from foreign nations.
II is undoubtedly that the date of the treaty
1S03 between the United States and France for the
sion Of Louisiana, it made question whether the
Constitution had conferred the executive department
of the Government of the United States power acquire
foreign territory by treaty.
There is evidence that very grave doubts then
entertained concerning the existence of this power But
that there was settled opinion in the executive and
legislative branches of the Government that this
did not exist be admitted without at the same
time mputing to those who negotiated and ratified the
treaty and passed the laws necessary to carry 1t into
execution, deliberate and known violation of their
oaths support the Constitution; and whatever doubts
may then have existed, the question be taken
been settled Four distinct acquisitions of for
eign territory have been made by many different
treaties under many different Administrations Six
States formed on such territory in the Union.
Every branch of this Government, during period of
than fifty years. has participated in these ransac-
ons. To question their validity now is vain As was
said by Mr. Chief Justice Marshall in the American In
suranee Company Canter, q Peters, 542,) the Con-
stituion coners absolutely the Government of the
Union the powers of making and of making treaties
consequently that Government possesses the power of
acquiring territory, either by conquest treaty. (See
Cerrev Pilot, Cr, 1867 And add it also possesses
the power of governing IT. when acquired not by
ing supposous powers nowhere found described in
the Constitution but expressly granted in the authority
TO make all neeul rules and regulations respecting the
territory of the United States.
There to be established by the Constitution
frame of Government under which the people of the Uni
ted States and their posterity continue indef
nitey To take ofs provisions helanguage of which
is broad enough to extend throughout the existence of
the Government, and embrace all territory belonging
the United States throughout all tme and the purposes
and objects of which apply all territory of the United
States and down to territory belonging the
United States when the Constitution framed while
at the time it is admitted that the Constitution con-
od rhao
time, of other and foreign territory be
Interpretation inconsistent with the nature and
purposes of the instrument it is with its language
and can have no hesitation in rejecting it.
construe this clause, therefore, if it had read,
Congress shall have power to make all needfu rules and
regulations respecting those tracts of country of the
limits of the several States which the United States
have acquired may acquire by cessons as
well of the jurisdiction of the SOIL far the soil
may be the property of the party making the cesson
the time of making it.
It has been urged that the words rules and regula
tions' appropriate terms in which convey
thority make laws for the government of the territory
But be remembered that this grant of power
to the Congress; that is therefore necessarily grant
of power TO legislate and certainly rules and regula
lions respecting particular subject, made by the legis
lative power of country can nothing but laws Nor
do the particular terms employed, in ny judgment tend
in any degree restrict this legislative power Power
granted to Legislature to make all needfu rules and
regulations respecting the territory is power pass
all needful laws respecting it.
The word regulate regulation is several times used
in the Constitution Ii is used in the fourth section of
the first article to describe those laws of the States which
prescribe the times places and manner of choosing Sena
tors and Representatives in the second section of the
fourth article designate the legislative action of
State the subject of fugves from service, having
very close relation to the matter of present inquiry
in the second section of the third article empower
Congress fix the extent of the appellate jurisdiction of
this and finally, in the eighth section of the first
article are the words Congress shall have power to
ulate commerce"
II is unnecessary describe the body of legislation
which has been enacted under this grant of power its
variety and extent well known. But may be
toned, in passing that under this power regulate
commerce, Congress has enacted great system of
ncpal laws. and extended it the vessels and
of the United States the high and in foreign ports
and citizens of the United States resident
China; and has established udieatures with power
infiic capital punishment within that country
If, then, this clause does contain power egslate
respecting the territory, what the limits of that
power?
To this answer, that, in common with all the other
legislative powers of Congress, it finds limits in the
press prohibitions Congress not to do certain things
that in the exercise of the legislative power Congress
cannot pass post facto law bill of attainder
and in respect each Of the other prhibons con-
tanned in the Constitution
Besides this, the rules and regulations must be need
full But undoubtedly the question whether particular
rule regulation be needful must be finally deermin-
ed by Congress itself Whether O law be needful is
legislative political judicial question What
Congress deems needful is under the grant of
power.
Nor am aware that it has ever been questioned that
providing for the temporary of the set
tiers the public lands needul only pare
them for admission to the Union States but to
enable the United States to dispose of the lands.
Without government and social order there can be no
property without Law, its ownership its and