Weekly Minnesotian and times., 1859-12-31
The Pioneer and Democrat Oh ud.e
Dayton.


of the Pioneer on MIR. STANNAgD, because h'
supported the following clause of our Constl
tuition which he had sworn to do, viz :-"Eacl
; House shall be the Judge of the election re
turns and the eligibility of its own members,
) and for almonishing our Supreme Court thai
there were three coordinate departments in
our government and that each department
should restrict its operations to its Constitu-
tional sphere, the correctness of which all
must admit. After TRADE of abuse, the
Pioneer thus alluded to Judge DAYTON:
1.-THE next resolutions to which we invite
attention, were introduced in the House by
Mr. DAYTON, of Fillmore county, instructing
our Senators to vote for the application of the
"Wilmot proviso principle to all the Terri
tories of the United States. Mr.. DAYTON is
evidently "immense" ON the political history
of the country, for in his resolutions he re-
cites the following novel historical fact - We
maintain that Congress has derived this pO,cer
wiz the power TO prohibit slavery in the Ter
ritories) from the ordinance of 17S7-and the
Constitution of the United States"
Again the Pioneer says
cit is natural that an AbOlitiOnist, in quot
ing authority, should place the Ordinance of
1877 before the Constitution, but we would
like to have from the Fillmore Co. member, an
exact enumeration of the power exercised by
Congress under the authority of the Ordinance
of 1897"
Now while we do not think Judge DAYTON
is as " "mmense" as the Pioneer would make
him, we think he is sufficiently so to sustain
his position by authorities which the Pioneer
will not seek to controvert. BY reference to
the record, it will be seen that the Ordinance
of 1877 was adopted on the 18th of July, of
that year, and the Constitution of the United
States on the 18th of September following
As to the powers under the Ordinance, Judge
STORY, KENT, Chief Justice MARSHALL, and
the several decisions of the Supreme Court
in cases not like that of "DRED SCoTr," over
which the Court had no jurisdiction, and could
consequently render no judgment upon the
merits of the case, have spoken at length
And we would here remind the Pioneer that
jurisdiction is essential to proper adjudica-
| ton of all matters in the Supreme Court
Does not the Pioneer know that the Constitu-
ton affirmed the Ordinance Of 1887 by vir-
tually declaring it to be the "Supeme law of
| the land? ?" The DRIED ScoTT case determines
nothing except that the Court had no .juris-
diction," and as without jurisdiction there can
be 10 decision, we feel that it would be ''cast
ing pearls before swine," to continue the sub
ject further.
I'LL ~, r.
phistry as follows:
"Thc Supreme Court of the United States
has decided that Congress has not the power
under the Constitution, to prohibit slavery in
the Territories, and that, therefore, neither
the resolution in question, or law of Con-
gress containing such prohibition, are worth
the paper upon which they are written. The
question of Slavery in the Territories is left
where the Democratic party places it-with
the people who are to be affected either adj
vantageously or dsastrously by its decision.
Mr. Dayton, of Fillmore, is exactly five years
behind the times"
We are inclined to think that it is the Pio-
neer which is immense on this question,
and not Mr.. DAYTON. For the purpose of
sustaining Mr.. DAYTON in his position, to
which the Pioneer took exception, we intro
duce the following highly respectable author
tiles, which seem to us ought to be conclu-
sive as to the powers of the General Govern
ment over the Territories:
Judge Story, in his able commentaries up
on the Constitution, page 476 to 479, says:
GAS the General Government possesses the
,;,r To farrforxy off thar hv
or treaty, it would seem to follow as an inevi-
table consequence, that it possesses the power
to govern what it has so acquired. The terri
tory does not, when SO acquired, become en-
titled to self government, and it is not subject
to the jurisdiction of any State. 1t must con-
sequently be under the dominion and juris-
diction of the Union, or it would be without
any government at ALL" Again.
"They do not participate in political power,
nor can they share in the powers of the gene
raj government until they become State,
and are admitted into the Union as such. I'm
til that period, the territory remains subject
to be governed in such manner as Congress
shall direct, under the clause now under con-
sderation."
No one has ever doubted the authority of
Congress to erect territorial governments
within the territory Of the United States, un-
der the general language of the clause "To
make all needful rules and regulations" In
deed, with the ordinance of 1877 in the very
view of the trainers as well as the people of
the States, it is impossible to doubt that sudl
power was deemed indispensable to the pur-
poses of the cessions made by the States.
| 1.-THE power Of Congress
over tbs public territory is clearly exclusive
and universal; and their legislation is subject
to no control; but is absolute and unlimited,
unless so far as is affected by stipulations in
the cessons or by the ordinance of17S7, under
which any part of it has been settled"
Mr.. Chancellor Kent, in the 1st volume of
his Commentaries, page 3s4, says:
"With respect to the vast territories belong
ing to the United States, Congress have as
sumed to exercise over them supreme powers
ofsovereignty. Exclusive and unlimited power
of legislation is given to Congress by the Con.
stitution, and sanctioned by judicial de
cisions."
See also 1st Peters Reports, Supreme Court
U. s., page 51l, where this authority is FULLY
sustained.
Again, Mr.. Kent says (same page:
"The general sovereignty existing in the
government of the United States over its ter
ritories, is founded on the Constitution. -
Again: Congress adopted and applied the
principles of the ordinance of 1887 to the ter
ritories. That ordinance was framed upon
sound and enlightened views of civil juris-
prudence"
And that ordinance contains the following
''There shall be neither slavery nor invol-
untary servitude in said territory, otherwise
than in the punishment of crimes, whereof the
party shall have been duly convicted"
We trust our readers will pardon us for
trespassing upon their patience in our attempt
to illuminate the Pioneer. The power of that
sheet is ''immense"-on the wrong side.
.Wo The Nebraska Republican of the 18th
inst, says: "We understand thst S. Muck
oils, Democratic member of the present
| clo<,, z1ck Al