The Washington union., 1857-05-29
THE WASHINGTON UNION.

the section the power to dispose of the public lands
given expressly and IN addition to make all needfu
rules and regulations The power TO dispose of Is com
plete in ITSELF aud requires nothing IL authorizes
Congress to use the proper within Its discretion
and any further provision for this purpose would be
useless verbiage AS composition the constitution is
remarkably free from such charge.
In the discussion of the power of Congress to govern
Territory in the Of the Atlantic Insurance Company
Canter Il Peters, 5l1 Curtis, 655) Chief Justice
Marshall speaking for the court said in regard TO the
people of Florida 'they do not however participate in
political power they do not sharein the government till
Florida shall become State in the time Florida
continues to be Territory of the United States
ed by virtue of that clause in the constitution which
powers Congress TO make all needful rules and regula
tions respecting the territory or other property belonging
to the United States "
And he adds, 'perlaps the power of governing Ter
rtoy belonging TO the United States which has not by
becoming State, acquired the of sefgovern-
men may result necessarily from the fact that it is not
within the jurisdiction of any particular State and is
within the power and jurisdiction of the United States
The right govern may be the inevitable consequence of
the right TO acquire territory whichever may be the
whence the power derived the possession OF it
is unqucsoned And in the close of the opinion the
court say, sin legsating for them the Territories,
Congress exercises the combined powers of the general and
State governments.
Some consider the opinion be loose and nconcusive;
others, that it is oJaey ca and the last sentence is OBJ
jeced to recognising absolute power in Congress
Territories The learned and eloquent Writ who, in the
argument OF before the court had occasion to cite
few sentences from an opinion of the Chief Justice OBJ
served 'no mistake the styethe words com
plctely match the thought"
see no want of precision in the language Of the
Chief Justice; his meaning cannot be mistaken. lie
states first the third section giving power to Congress
to govern the Territories and two other gronds IRON
which the power may also be implied. The objection
to be that the Chief Justice did not say which of
the grounds stated he considered the of the power
He did specifically state this but he did say, (which
ever may be the source whence the power is derived the
possession of it is unquestioned No opinion OF the
court could have been expressed with stronger empha
sis the power in Congress is unquestoned But those
who have undertaken to crtcsc the opinion consider it
without authority because the Chief Justice did not de-
sgnate specially the power This is singular objection
If the power be unquestoned, it be matter of
| Importance which ground 1t is exercised
The opinion clearly not obi ca The turning point
in the was whether Congress had power to author
ze the territorial legislature of Florida to pass the law
under which the territorial court established whose
decree brought before this court for revision The
power of Congress- therefore, the point in issue.
The word ''terrtory," according to Worcester, means
land, country district of country under temporary
government, The words territory other property,
used, do imply, from the use OF the pronom other
that territory used descriptive of land but does it
follow that it not used also descriptive of district
of counry In both Of these il belonged to the
United Statesas land for the purpose of SALE terri
| tory, for the purpose of government.
But if it be admitted that the word territory, used
land and nothing but land the power of Congress
] to organize temporary government is clear. II has
|
lie lands and the extent of those needful regulations
depends upon the direction of Congress- where the
appropriate to the end and do not conflict with any
of the prohibitions of the constitution. If temporary
government be deemed needul necessary requisite, or is
wanted Congress has power to establish it, This court
says, in McCulloch The State of Maryland "A Wheat
3l6) m certain means to carry into effect any Of the
powers expressly given by the constitution to the govern
ent of the Union be appropriate measure not prob
tied by the constitution the degree of its necessity is
question of legislative discretion not of judicial cogni
| zance''
The power to establish post offices and post roads gives
power to Congress to make contracts for the ansporta
tion of the mail and to punish all who commit depreda-
tons upon it in its transit at its places OF distribution
Congress has power to regulate commerce, and in the
ercse of its discretion to lay embargo which suspends
commerce. so, under the same power harbors, light
houses, brcakwators, &c, constructed.
Did Chief Justice Marshall, in saying that Congress
governed Territory by exercising the combined powers
of the federal and State governments refer to unlimited
discretion Pa government which make white men
slaves Surely, such remark in the argument must
have been inadvertently uttered On the contrary there
is no power in the constitution by which Congress
make either white or black slaves In organizing the
government of Territory, Congress limited to means
appropriate to the attainment of the constitutional OBJ
ect No powers be exercised which prohibited by
the constitution or which are contrary its spirit
that whether the object may be the protection of the
persons and property of purchasers of the public lands
ocommunities who have been annexed to the Union by
conquest purchase they natory to the establish
ment of State governments, and more power can be
claimed exercised than is necessary to the attainment
of the end This is the limitation of all the federal pow
!
But Congress has power to regulate the internal
concerns of State, Of Territory consequently, in
providing for the government of Territory to some ex
tent the combined powers OF the federal and State gov
ernments necessarily exercised.
If Congress should deem slaves free coored persons
injurious to the population of free Territory as con-
ducng to lessen the value of the public lands any
other ground connected with the public interest, they
have the power prohibit them from becoming settlers
in it, This can be sustained on the ground of sound
national policy which is clearly shown in history
by practical results that it would considerate in
divua question 1t and regards any unfairness
of such policy to southern brethren urged in the
argument it is only necessary to that with eourth
of the federal population of the Unon they have in the
slave States larger extent of fertile territory than in
cluded in the free States and it is submitted If masters
of slaves he restricted from bringing them into free terri
tory that the restriction the free citizens of
holding States by bringing slaves into free territory is
four times greater than that complained of by the South
But not only so three four hundred thousand
holders of slaves by bringing them into free territory
The rcpugnancy slavery would probably prevent fifty
where one STAKEHOLDER would be prevented from settling
/ in free Territory
This remark is made in to the argument urged
that prohibition of slavery in the free Territories is in
consistent with the continuance of the Union Where
territorial is established in slave territory
il has uniformly remained in that condition until the
people form State constitution; the same course where
the Territory is free, both parties acting in good faith
| would be attended with satisfactory results