The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-10-19

/ tnentlc documents as Okuteht vi neN DlHleob
conclusively show that the words TERRITORY
OF other property in the Constitution were u
sed to designate the unappropriatod lands and
other property which the United States owned
and not the people who might become residents
on those lands, and be organized into political
communities after the United States had part
ed with their title.
1t is from this clause Of the Constitution a.
| lone that Congress derives the power to pro-
vide for the surveys and sale oithe public lands
and all other property belonging to the United
States, not only in the Territories, but also in
! ths several States of the Union. But for this
provision Congress would have no power to au-
thorize the sale of public lands, military sites,
old ships, cannon, muskets, or other property,
real or personal, which belongs to the United
! States and are no longer needed for any public
purpose. 1t refers exclusively to property in
contradistinc;ion to persons and communities.
| 1t confers the same power ito make all needful
rules and regulations" in the States as in the
Territories, and extends wherever there may
be any land or other property belonging to the
J United States to be regulated or disposed Of;
/ but does not authorize Congress to control or
interfere with the domestic institutions and in
ternal polty of the people (either in the States
which the United States once owned. Such
power, had it been vested in Congress- would
annihilate the sovereignty and freedom of the
States as well as the great principle Of self gov
ernment in the Territories, wherever the Uni
ted States happen to own portion Of the public
lands within their respective limits, as at pres
ent, in the States OF Alabama, Florida, Missis.
sippi, Louisiana. Arkansas, Missouri, Illinois,
Indiana, Ohio, Michigan, Wisconsin, Iowa, Min
nesota, California and Oregon, and in the Ter
ritores of Washington, Nebraska Kansas, u
, tab and New Mexico. The idea is repugnant
to the spirit and genius Of our complex system
of government; because it ehectually blots out
the dividing line between Federal and Local
authority which forms an essential barrier for
the defense Of the Independence Of the States
and the liberties of the people against Federal
invasion. With one anomalous exception all
the powers conferred on Congress are Federal
and not Municapal, in their character--afiectins
the general welfare of the whole country with
out interfering with the internal polity of the
people--and can be carried into effect by laws
which apply alike to States and Territories
The exception being in derogation Of one OF
the fundamental principles Of our political sys-
TEN because it authorizes the Federal Govern-
ment to control the municipal affairs and inter-
nal polity Of the people in certain, specified,
lmited localities was not left to vague infer
ence or loose construction, nor expressed in du-
bions or equivocal language; but is found plainly
written in that section ofthe Constitution which
says:
Congress shall have power to exercise excIu-
sive legislation in all cases whatsoever, over
such district mot exceeding ten miles square,
as may by cession of pa, ticuar States, and the
acceptance ef Congress, become the seat of gov
ernment of the United States, and to exercise
like authority over all places purchased by the
consent Of the Legislature Of the State in which
the same shall be, for The erection of forts, mag
azines, arsenals, dock yards, and other needu
buildings"
No such power "to exercise exclusive legSia-
| ton in all cases whatsoever" nor indeed any
Legislation in any case whatsoever, is conferred on
Congress in respect to the municipal affairs and
internal polity, either of the States or Of the
Territories. On the contrary, after the Consti-
tuition had been finally adopted, with its FEEDER
al powers delegated enumerated and defined
in order to guard in all future time against any
possible infringemement Of the reserved rights
of the States or Of the people, an amendment
was incorporated into the Constitution which
marks the dividing line between Federal and
Local authority so directly and indelibly that
no lapse Of time, no partisan prejudice, no sec
tional aggrandizement no frenzed fanaticism
can efface it. The amendment is in these words
"rhe powers not delegated to the United
States by the Constitution, nor prohibited by it
to the States, are reserved to the States respec-
lively, or TO the people"
This view Of the subject is confirmed, if in
deed any corroborative evidence is required, by
reference to the proceedings and debates Of the
Federal Convention, as reported by Mr.. Madi-
son. On the 18th of August, after a series o.
resolutions had been adopted as the basis Of the
proposed Constitution and referred to the Com.
mitee of Detail for the purpose Of beirg put in
proper form, the record says:
"Mr. Madison submitted. in order to be refer.
red to the Committee Of Detail, the following
powers, as proper to be added to those OF the Gen
eral Legislature (Congress):
"1o dispose of the unappropriated lands o
the United States.
"To institute temporary governments for the
new States arising therein.
"To regulate affairs with the Indians. as
we'll within as without the limits Of the Uni
ted States
"To exercise exclusively legislate authority
at the seat of the General Government and
over a district around the same not exceed
ing - square miles, the consent OF the Leg
iSlature oil the State or States comprising the
same being first obtained"
Here we find the original and rough draft
Of these several powers as they now exist, in
the Constitution. The provision empowering
| Congress "to dispose of the unapproprated
lands of the United States was modified and
enlarged so as to include "other property be-
longing to the United States" and to author
lze Congress to make all needful rules and
regulations" for the preservation, management
and sale Of the same.
The provision empowering Congress "to in
stitute temporary governments Tor the new
States arising in the unappropriated lands OF
the United States" taken in connection with
the one empowering Congress "to exercise
exclusively Legislative authority at the seat
of the general government and over district
of country around the same" clearly shows
the difference in the extent and nature OF the
powers intended to be conferred in the new
States or Territories on the one hand and
in the District Of Columbia on the other. In
the one case it was proposed to authorize Con-
gress "to institute temporary governments for
the new States" or Territories, as they are
now called, lust as our Revolutionary fathers
recognized the right Of the British crown to
institute local governments for the colonies, by
issuing charters, under which the people of the
people of the colonies were entitled (according
to the Bill of Rights adopted by the continen-
tai Coneress) TO free and exclusive power OF
legislation, in their several Prov incal legisla-
lures where their right Of representation can
alone be preserved, in all cases of taxation and
internal polity;' while, in the other case, it was
proposed to authorize Congress to exercise, ex-
clusively legislative authority over the munich
pal and internal polity of the people residing
within the district which should be ceded for
that purpose as the seat Of the general govern