New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-11

We find In Mr. Benton's {" Examination" OF the
bred Scott Decision, j1st published, very ipgen-
icus and, as it seems to u.s. important Suggestion
to the power Of Congress over the Territories.
This suggestion borro Sed from the notes to Judge
fuckers Blackstone, ia by no means dwet upon ia
Mr. BentOn's usual lucrative manner. 1t is cssu.
ally dropped as it we're, without seeming to have
attracted much Of bis attention and yet il seems 70
oHer more satisfactory solution than has hitherto
BEEN given of the power of Congress to govern the
Territories.
II certainly is a remarkable fact-at least, it ap-
pears 90 to one examining the Consultation as nero
legal document, and without reference to the his
taical circumstances which surrounded lis fcrms,
ton-tha in the section Of the Constitution moro
particularly devoted to an enumeration of the pow
es Of Congress, no mention whatever is made OF
Any power over the northwestern territory then
bec nsirg to the United States; and that the snly
reference to that territory to be found in the Con
It tutior-the famous clause giving power "to die.
"poss Of and make all other rules aud regulations
respecting the territory and other property Of
"he United States"-does certainly seem rather
to relate to the property Of the United States in the
lard, than to the exerci,e By Congress Of political
power.
The cause Of this omission may perhaps, be best
explained BY the following consderstons TIE
eventual erection Of this territory into States, to
possess all tho privileges Of the original States, and
rs gorernment meanphk under the authority Of the
United States, had been already provided for BY az
engagement entered into between the ceding States
AID tho Continental Coz gress, and emb died in
Elk articles of compact in the Ordinance of 1857.
The Constitution provided that all engagements
entered into prior to its adoption should continue
to be as valid under the Constitution IS under the
Confederation. Thus, in fact the Constitution
though without naming it, did adopt the Ordinance
of ISL a. the bs,s Of the government Of the terri
terry then belonging to the United States.
The cessions Of territory subsequently, made BY
North Carolina and Georsis embodied these same
articles of compact except the anti-slsvery proh
bition, which articles of compact thus modified,
srd net the Constitution Of the United States, reg
usted and determined the personal rights of the in
hsbitaLts Of these territories so long as they re-
msir ed in the territorial condition.
When, subsequently territory was acquired
by cession from foreign nations, the right of the
United States to govern, and the extent Of their
powers, we're looked for, in conformity to the usage
thus established, not in the Constitution Of the
United States, which had been made for the States
and their citizens only, but in the authority ae-
CURED from the ration making the cession. The
right or authority of Congress to accept the
ces.on at all might be questioned; but, ad-
nittirg that it could hardly be denied that
the United States took whatever the ceding
power had to grant Thus the first Legislation Of
Cosarem in reference to the Louisiana Territory
assumed that he entire power possessed by France
AID Spain over that territory passed By the act Of
ce,sion 10 the United States subject only to the
reservations in favor Of the inhabitants expressly
contained in the treaty. AL the civil, military
AID Judicial powers which had been exercised
under the Spapi,h authority, were by act Of Con-
gees. Temporarily vested in the President, to b
exercised BY such persons as he might appoint, and
in such manner Sc he might direct, subject only "
the treaty obligation Of maintaining the inhabitants
Of Louisiana in the free enjoyment Of their liberty,