The Washington union., 1857-05-28

provisions IN the same clause shows that they kim
ded subjects and that the whole clause s local and re-
ates only lands within the limits Of the United States
which had been then claimed by State and
that other territory in the mind of the trainers of
the constitution intended to be embraced in It, Upon
any other construction ID would be impossible to account
for the insertion of the last provision in the place where
it is found to comprehend why for what object it
associated with the previous provision.
This view of the subject is confirmed by the manner in
which the present government of the United States dealt
with the subject it into existence 1t
must be borne in mind that the States that formed
the confederation also formed and adopted the new gov
ernment to which SO large portion Of their former
eregn powers surrendered 1t must also be borne
in mind that all Of these States which had then rat
fled the constitution represented in the Con-
gress which passed the first law for the government
of this territory and many of the members of that
legislative body had been deputies from the States
under the confederation had united in adopting the
ordinance OF 1881, and assisted in forming the new
government under which they then acting and
whose powers they then exercising. And IT Is
obvious, from the law they passed to carry into effect
the principles and provisions OF the ordinance that
they regarded it as the act of the States done in
the exercise of their legitimate at the time The
government took the territory it found it, and in
the condition in which it transferred and did not at
tempt to undo anything that had been done. And,
among the earliest laws passed under the government
is revving the ordinance of 1887 which had become
imperative and nuity upon the adoption of the consti
tuition. This law introduces form principles
for its government but recites in the preamble that it is
passed in order that this ordinance continue to have
full effect, and proceeds to make only those rules and
regulations which needul to adapt to the gov
crnment, into whose hands the power had fallen Ii APP
pears therefore, that this Congress regarded the purposes
which the land in this Territory to be applied and
the form Of and principles of jurisprudence
which to prevail there while ii remained in the
territorial state, already determined by the States
when they had full and right to make the decision
and that the new government, having received 1t in
this condition. ought to carry substantially into effect
the plans and principles which had been previously
/
anticipated when they surrendered their power to the
new government And if we regard this clause of
the constitution pointing to this Territory with
territorial government already established in il, which
had been ceded to the States for the purposes here
inbcfore mentioned, every word in it is perfectly APP
propriae and easily understood and the provisions
it contains are in perfect harmony with the objects
for which it ceed and with the condition of its gov
enment Territory the time. We cam then, easily
account for the in which the first Congress legs
lated the subject and also understand why this
power the territory associated in the clause
with the other property of the United States and sub
jccted to the like power of making needfu rules and reg
ulatons But if the clause is construed in the expanded
sense concnded for, so as to embrace any territory
qured from foreign nation by the present government,
and to give in such territory despotic and unlimited
and property such the confedeted
States might exercise in their property it would
be difficult to account for the phaseology used when
compared with other grants of power and also for its
sociaon with the other provisions in the clause.
The constitution has always been remarkable for tho
felicity of its arrangement of different subjects, and
the pespcuity and appropriateness OF the language it
uses But If this clause construed to extend terri
tory acquired by the present from foreign
nation outside of the limits any charter from the Brit
ish government to colonyt would be difficult to say
why 1T was deemed necessary to give the the
power to sell any vacant lands belonging to the
eighty which might be found within it; and if this
necessary why the grant OF this power should precede the
power to legsate it and establish government there
and still difficult to say why it deemed necessary
specially and particularly to grant the power make
needful rules and regulations in relation
movable property it might acquire there for the words
other property necessarily, by every known rule of ntcrpre-
tation, must property of different description from
territory land. And the difficulty would perhaps be
insurmounable in endcavorng to account for the last
member of the sentence which provides that nothing
in this constitution shall be construed prejudice
any claims of the United States any particular State
to say how any particular State could have claims in
to territory ceded by foreign government to
for assocating this provision with the preceding
provisions of the clause with which it would appear to
have connexion.
The words +" needful rules and regulations would
seem Also to have been cautiously used for definite
object. They not the words usually employed by
statesmen when they to give the powers of
eighty, to establish government to authorize its
establishment. Thus in the law to and keep alive
the ordinance of 1857 and to establish the government
the title of the law is g An act to provide for the gov
ernment of the territory northwest Of the river Ohio
And in the constitution, when granting the power to
egslae the territory that may be selected for the
seat of government independently of State it does not
say Congress shall have power " to make all necdul rules
and regulations respecting the territory - but it declares
that Congress shall have power to exercise exclusive
legislation in all whatsoever such District mot
exceeding ten miles square, may by cesion Of partcu
lar States and the acceptance of Congress- become the seat
of the government of the United States
The words .'rules and regulations are usually en-
poyed in the constitution in speaking of some particular
specified power which it means to confer the govern
ment, and not, have seem when granting general
powers OF egsationas, for example, in the particular
power to Congress ito make rules for the government
and regulation of the land and naval forces the par
ticular and specific power to regulate commerce " to
establish uniform rule of naturalization - ITO coin
money and rguae the value thereof And to construe
the words of which speaking general and un-
limited grant of sovereignty territories which the
government might afterwards acquire is to them in
and for purpose for which they were not used in
any other part of the instrument But if confined to ~
particular Territory, in which u government and laws
had already been established but which would require
alterations to adapt it the government the
words peculiarly applicable and appropriate for that
purpose.
The necessity Of this special provision in relation to
property and the rights or property held in common by
the conederated States is illustrated by the first clause of
the sixth article This clause provides that al debts
contracts and engagements entered into before the adop
ton of this constitution shall be valid against the Uni
ted States under this government under the confedea-
ton This provision like the under consideration,
was indispensable If the constitution adopted.
The new government not change in dynasty,
or in form of government, leaving the nation
eighty the same, and clothed with all the rights and
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