Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-12-25

TIE DRIED Scorr DFCrsIoN. it is thought, at
Washington, settles without a doubt, the I'M
constitutionality of the proposed protectorate
Of anv = erritory outside If the territory of the
United States. The Court thus states the
question =
'Thcrn is certainly M power given hy the
Constitution. TO the Federal Government TO
establish or maintain colonies bordering on
the United States or at a distance. to be ruled
and governed at its own pleasure: nor to en-
large its territorial limits in any way, except
by the admission of new States. That power
| is plainly given; and if a new State is admit
ted. it needs no further legislation by Con-
gress. because the constitution itself defines
! the relative rights and powers. and duties Of
the State. and the citizens Of the State. and
the Federal Government But power is
given to acquire a TERRITORY 70 be held and
governed permanently in that character.
"And indeed the power exercised by Con-
gress to acquire territory and establish a
| government there according to its own un-
| limited discretion was viewed with great jeal-
ousy by the leading statesmen of the day.
And in the Federalist mo. $50 written by
Mr.. Madison. he sp"aks of the acquisition of
the Northw Territory by the CONFIDENT
ed States by the cession from Virginia, and
the establishment of government there, as
Articles of Confederation, and dangerous to
the liberties of the people. And he urges the
adoption of the Constitution as a security
and safe guard against such an exercise OF
power.
I'VE do not mean. however, TO question the
power of Congress in this respect. The power
to expand the territory of the United States,
by the admission Of new States, is plainly
given: aud in the construction of this power
by all the departments of the Government,
il has been held to authorize the acquisition
Of territory. not fit for admission at the time,
but to be admitted as soon rs its population
and situation would entitle it to admission.
1t is acquired to become STATE and not to
be held colony and governed Ivy Con-
gress with absolute authority; ana as the pro
priety of admitting new State i committed
to the sound discretion OF Congress. the power
TO acquire territory for that purpose, to he
held by the United States until it is in suita-
bic condition to become . State upon an equal
footing with the other States, must rest upon
the same discretion"
"The principle upon which our governments
rest and upon which alone they continue to
exist is the union Of the States, sovereign
and Independent within their own limits In
their internal and domrs tic concerns, and
domestic concerns. and bound together as one
people by General Government. possessing
certain enumerated and restricted powers.
delegated to it by the people of the several
States, and exercising supreme authority
within the scope of the powers granted to 1t
throughout the dominion of the United
States A power, therefore. in the General
Government, to Obtain and hold colonies and
dependent Territories. over which they might
legislate without restriction, would be incon-
| sistent with its own existence in its present
form"
1t will be seen that the Supreme Court
denies the right of the General Government
to hold any colony or TERRITORY" outside
of the United States, or any Territory for
any other purpose than to make it u State at
proper time
Und protectorate, would the people OF
those Territories remain in allegiance to the
Government of Mexico. ard he considered
citizens Of that Republic? Or would they be
in allegiance 10 the Unite States, aud con
sidered citizens of this Republic? These are
questions that may involve some difficulty.
This subject is likely To he of some cOnse-
quence.-N. y. Express.