Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-07-23
Douglas

Ids, VI ILLINOIS. nc tOok
the ground that if the reports from Utah
should be substantiated, Congress should
repeal the organic act of that Territory,
and place it under the act of 1890, and
especially should that be done, since,
as was alleged, the mass of the inhabi-
tants of that Territory are not citizens OF
the United States, and refuse to take the
oath of allegiance. The Black Repub-
licans and the other wing of the oppos-
ition are a good deal exercised over this
speech. They proclaim that Senator
Douglas has abandoned the ground that
Congress cannot lcgislate for Territories,
and now actually propose 70 tegislate for
them.
The factions don t understand the pos
ition of the Democratic party on the sub
ject of the power of Congress over Ter
r%itories, and they are never likely to un-
derstand it. They show their Ignorance
whenever they undertake to comment
on the position of the party. The Dem
ocratic party never held that Congress
could not legislate for Territories at all.
They have announced no such doctrine;
nor have they praeticed any such theory.
The organic act of every Territory is a
legislative act. They do hold, however,
hat Congress is restricted in its power
by the Federal Constitution. 1t can
only exercise the power granted in that
instrument, and the power that may be
necessary TO carry out some express
grant of power. There is some medium
between unlimited power and no power
at all, which the factions don't seem ca
pable Of comprchcnding. They have
been too much occupied with the hor-
rors of slavery, foreigners, and the Pope,
to spend a thought OF the great practicle
question of the times, the government
of the Territories. One wing of the OPP
position can only see that Congress has
unlimited power over the Territories;
the other has no opinion on the subject.
1t is not at all concerned about the
Territorial question; it wants 10 rule
America; that is the cardinal point with
them: how they will rule will be deter
mined by the mode that will give the
best chance to rule at all.
Looking to the Constitution on this
subject, Congress has power to admit
new States; and the organization Of the
Territory is the first act in the admis-
sion Of a State. 1t is not difficult to
sec that unlimited power of.legislation
in Congress is not necessary 10 enable a
Territory to grow intoa State, and there
fore, such unlimited power is not iusti-
fed by this clause OF the constitution
1t is moreover provided that Congress
"shall have power to dispose of and
make all needful rules and regulations
for the Territories, and other property
belonging to the United States" This
cel tainly gives Congress the power to
survey the lands, TO secure the titles and
to protect the person and property of
the purchaser in the enjoyment Of the
purchase. Congress has control Of Tie
army and Indian affairs, and can employ
the former to enforce any constitutional
provision, and the latter according to
its best discretion.
We may look in vain for an unlimi-
ted power in Congress ovc our Tcrritor-
les in the Federal Constitution, but the
power 10 do what is necessary to carry
out express grantsin the instrument, we
admit. While some measures may be
constitutional, and others plainly I'M
warranted by the Constitution, there
may be cases that are doubtful, which
wise statesmen will avoid. In the case
of Utah, if the people there are in rebel
lien to the authority of the United
States; if they are alien enemies, there is
no purpose ofmaking them a State, and a
Territorial organization cannot be justi-
fed on that ground; which is the only
one upon which a Territorial ~orgdni.a-
ton can be justified. The repeal of the
organic act there would be right and
proper as Don as the design of making it
a State in its present condition is aban-
doned. There is then no warrant for
| such an organization in the Federal Con-
stitution, and it ought to be expunged
from the list of Territories. What
change may be wrought by December
next, and how far reports of lawlcssness
may be confirmed, we don't know; but
VIC presume the state of affairs there is
not exaggerated, and there is not a very
iattcring prospect that it will be i'm
proved.
n@-T The late Hon. w. L. Marcy leaves
a widow, two sons, and one daughter, to
mourn his loss. Mrs. Marcy was on a
visit to her sister, in Rochester; her
daughter was with some friends, in
Troy; and the two sons were away, one
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