The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-09-28

portant and controlling facts that at the time
the Constitution was formed the word territory
had never le n used or understood to designate
political community or government of any
kind in any law, compact, deed of cession, or
public document; but had invariably been
used either in its geographical sense to de-
scribe the superficial area of a state or district
of country, in the Virginia deed of cession
of the "territory or tract Of country north
west of the River Ohio; or as meaning land in
its character as property, in which latter sense
it appears in the clause of the Constitution
referred to, when providing for the disposi-
ton of the "territory or other property be-
longing to the United States" These facts,
taken in connection with the kindred one that
during the whole period of the Confederation
and the formation of the Constitution the
temp orary governments which we now call
''Territories," were invariably referred to in
the deeds of cession, laws, compac.s, plans of
government, resolutions of congress, public
records and authentic documents as sStates"
or "new States," conclusively show that the
words "territory and other property" in the
Constitution were used to designate the unap-
propriated 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
title.
1t is from this clause of the Constitution
alone that Congress derives the power to pro-
vide for the surveys and the sale of the pub
lie lands and all other property belonging to
the United States, not only in the Territories,
but also in the several States of the Union.
But for this provision Congress would have no
power to authorize the sale of the public lands,
military sites, old ships, cannon, muskets, or
| other property, real or personal, which belong
| to the United States and are no longer needed
for any public purpose. 1t refers exclusively
to property in contradistinction to persons and
communities. 1t confers the same power "to
make all needful rules and regulations" in the
States as in the Territories, and extends
wherever there may be any land or other prop
erty belonging to the United States to be reg
ulated or disposed of, but does not authorize
Congress to Control or interfere with the do
mestic institutions and internal polity of the
people (elther in the States or the Territories)
who may reside upon lands which the United
States once owned. Such a power, had it been
vested in Congress, would annihilate the SOW
ereignty and freedom of the States as well as
the great principle of self government in the
Territories, wherever the United States hap
pen to own portion of the public lands
within their respective limits, as, at present
in the States of Alabama, Florida, Mississippi
Louisiana, Arkansas, Missouri Illinois, Indi.
ana, Ohio Michigan, Wisconsin, Iowa, Min
nessOta, California and Oregon, and in The
Territories OF Washington Nebraska, Kansas
Utah, and New Mexico. The idea is repug
nant to the spirit and genius of our complex
system of government; because it effectually
blOts out the dividing line between Federal an(
Local authority which forms an essential bar
rier for the defense of the independence of tn,
States and the liberties of the people agains
Federal invasion. With one anomalous ex
ception, all the powers conferred on Congress
are Federal, and not Municipal, in their char
acter-atfecting the general welfare of tn
whole country without interfering with tn
internal polity of the people-and can be car
ried into effect by laws which apply alike t
States and Territories. The exception, bein
in derogation of one of the fundamental prin
ciples of our political system because it author
ICES the Federal government to control the mu
nicipal affairs and internal polity of the peopi
in certain specified, limited localities,) was no
left to vague inference or loose construction
nor expressed in dubious or equivocal Ian
guage; but it is found plainly written in tha
section of the Constitution which says:
.Congress shall have power to exercise ex
j elusive legislation in all cases whatsoever
over such district (not exceeding ten mile
square) as may by cession of particula
states and the acceptance of Congress-, be
come the seat of government of the Unite
States, and to exercise like authority over a.
places purchased by the consent of the Les
islature of the State in which the same sha
, be, for the erection of forts, magazines, arse
nails, dock-yards, and other needful buildings.
NJ such poweras 'to exercise exclusive legi:
lation in all cases whatsoever" nor indeed an
: legislation ia any case whatsoever, is confere
! on CongfGss in respect to the municipal affair
! and internal polity, either of the States or
: the Territories. On the contrary, after tn
a Constitution had been finally adopted with il
Federal powers delegated, enumerated, an
defined, in order to guard in all future tin,
against any possible Infringement of the F,
i served rights of the States, or of the peopl
r an amendment was incorporated into the Coz
:. stitution which marks the dividing line b,
Z tween Federal and Local authority so directl
. aud indellibly that no lapse of time, no pa
|. tizan predjudice, no sectional aggrandizemen
! no frenzied fanaticism can efface it. II
= amendment is in these words:
"The powers not delegated to the Unite
4 States by the Constitution, nor prohibited b
. it to the States, are reserved to the States II
: spectively, or to the people,"
:, This view of the subject is confirmed; if il
!, deed any corroberative evidence is requires
r by reference to the proceedings and debate
4 of the Federal Convention, as reported by M
q Madison. On the 18th of August, after s.
n ries of resolutions had been adopted as th
q basis of the proposed Constitution and referre
;. to the Committee of Detail for the purpose
q being put in proper form, the record says:
q . "Mr. Madison submitted, in order to be r
= ferred to the Committee of Detail the follow
:. ing powers, as proper to be added to those
the General Legislature (Congress):
!. "To dispose of the unappropriated lands
= the United States.
: "To institute temporary governments Fl
the new States arising therein.
II "To regulate affairs with the Indians, as We
" within as without the limits of the Unite
:. States.
e ITO exercise exclusively legislative autho
,r ity at the seat of the general government, ar
l. over district around the same not exceediI
y - square miles, the consent of the Le
5? islature of the State or States comprising Il
% same being first obtained"
Il Here we find the original and rough dra
1t of these several powers as they now exist,
their revised form, in the Constitution. II
f. provision empowering Congress "to dispose
IS the unappropriated lands in the United State.