The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1859-10-01

| which says:
| Congress shall have power exercise exclusive le
gisatio in all whatsoever such district not
exceeding ten miles square) as may by OF par
the of the government Of the United States and to
exercise like authority syer all places purcha by the
consent of the Legislature OF the State IN which the same
shall be- for the of forts, magazines, arsenals
dock yards, and other needfu buildings"
No such power to exercise exclusive
/ legislation in all cases whatsoever nor in
deed any legislation III any case whatsoe-
yer 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 Constitution had
/ been finally adopted with its federal pow
ers delegated. enumerated, and defined, in
order TO guard in all future time against
/ any possible infringement 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, 10 partisan prejudice, no sectional
: ACKNOWLEDGMENT no frcuzied tanaticism can
efiace it. The amendment is in these
words:
The powers delegated TO the United States by
the constitution prohibited Ivy il to States
reserved the States respectively 10 the people,
This view Of the subject i confirmed, if
indeed any corrobOrative evidence is re
quIrel, by reference to the proceedings and
debates of the federal convention as re-
ported by Mr. Madison. On the 18th OF
August, after a series Of resolutions had
been adopted a. the basis OF the proposed
constitution and referred 10 the committee
of detail for the purpose of being pat III
proper form, the record says:
MIR. Madison submitted, in order to be referred to
the Committee Of Detail, the following powers, pro-
Per TO be added 70 those cf the general legislature
10 dispose Of the unarrropr:atet lands Of the Uni
TO institute temporary governments Tor the new
States arising therein.
To regulate affairs with tie Indians, well within
as witEos.s tire limits O: tie United States
To exercise exclusively rrs ave authority at t
seat o. Tie General toHtruIueH-, ana over H''nir'
arouu1 the same not exceeding - square miles. the
Of the Legislature OF the State Or States com
Iri-iHE the same being first ebtdined'
Here We find the original and rough
draft cf these several powers a. they nov
exist. IN their revised form, III the 1ou-ti-
tuition. The provision empowering Con
rrcs- to dispose Of the unarpropriuted
lands of The United States, was modified
and enlarged 50 rs 10 include other pro
perjy belonging u the United State, and
to authorize Congress To make all uccdtul
rules and regulations for tn" prcsrrya-
ton. management, and sale Of the same.
Tie provision empowering Congress to
institute temporary governments for the
uev. States arising III tie umaIuroI-.at"a
lands u the United States, taken IN con
uect5on with tie one empowering Con
. -rr-- TO exercise exclusively legislative
authority At the SCAT OF the general 90
yernifhrt, and over Il district oi country
ar1u&d tlr same. clearly shows the Gitirr-
cuCe in the extent and nature Of the pow
srs intended - be conferred IN the new
States or Territories on the one hand. al!
in tile District O.. Columbia on the other.
+ ia tAe one ca-. it Wa proposed to aullO-
= r.ze Congress ": 20 institute temporary 60
vcramruts ior the new States. o: Terrific
rieS. as they are now called, just as our Re
yoiutiomary fathers recognized the right ot
the British crown 20 institute local govern
ments tOr the colonies, 10y issuing, charters
under which the people Of the colonies
wee "cntitled tgccprdInG 10 the tll OF
ri-lts adopted Ly the Cor--Leutal Con
gr---) - a i.,e and exclusive power Of L.
-i-iat.yil. In their several prov nc,-! !, ---!a-
lures. whore their right ct representation
can alone he I-r--.ryei. in all ea-rs %: tx
alton and internal lolity; While. il the
other case, !. wa, proposed - authorize
Congress 20 exercise exclusively legislative
authority over the IauG.ciPa. AMI internal
polity OF the people residing wIth.n the
district which should be ceded for hat
purpose ;.> the seat Of the general govern
u.cI.t.
E.,i. Cf Ihe~" provisions wa- modified
and perfected by The committees OF detail
ard revision, rs VIII appear Ly comparing
them with the corresponding clauses IL
finally incorporated into the Constitution.
Tneproyision to authorize Congress TO III
st.tare temporary governments for the new
States OF territories, and u provide for
their admission into the Union, @IIcars IN
the Constitution in tins form:
; New States may lie admitted ~ lie Congress into
the Union'
The power to admit new State. and
10 make All laws which shall be uecc>~a-
" and proper To that end, may fairly be
construed to include tie right to institute
temporary governments for such new
States or territories the same as Great Bri-
tain could rightfully institute similar 20
vcrnmeuts for the colonies; but certainly
not TO authorize Congrcs, To le"islate III re
-poct 10 their municipal affairs and inter
nal concerns, without violating that great
/ fundamental principle in defence Of which
the battles of the Revolution We're fought
If Judicial authority were deemed ne
ce-sarv to give force TO principles so emi-
meutly Just in themselves, and which form
the Lasi, Of our entire political system,
such authority ,Iay be found in the opin-
ion Of the Supreme Court of the United
States in the Dred Scott case ia that
case IL: Court says:
This brings Us to exam ne by what provision Of the
Constitution the present Federal Government under lis
delegated and restricted powers, IS authorized TO aC-
ted States. and what powers it may exercise therein
the person property OF citizen of the United
States, while It remains territory, and until Il shall be
admitted as OF the States of the Union.
There Is certainly 10 power given By the Constitu-
the Federal Government to establish or maintain
colonies bordering the United States, at distance
TO he ruled and governed at ts pleasure nor to
enlarge its territorial hms IN any way .NIe, by 'he
The power to expand tie territory of the United
states ~ the ADMISSION o. ne" ota'tS : Pa.,'A NlNe.
and in the construction Of this power by al the depart
nerts the government, has been held to authorize
the acquisition OF territory, not fit for admission at the
time, but To be admitted a. soon as lis population ana
situation would euttc it to admission Il is acquired
to become State and not to he hela as colony aud
governed hy Congress with absolute authority; ana as
pr0priey of admitting new State Is committed tc
Of Congress the power to acquire
territory for that purpose, TO be held by the United
States until it is in suitable condition 10 become
State upon equal footing with the other States, ras
rest upon the same Discretion
Having determined the question thai
, the power 10 acquire territory Tor the pur
pose of eniarging our territorial limits ano
increasing the number of States, is inclu
ued WltHln tIt power 10 aullllt new States
and conferred by the same clause of the
constitution, the court proceed to say tha
.. the power to acquire necessarily carrie.
= with it the power to preserve and apply Il
= the purposes for which ii was acquired =
+, And again, referring to former decision
of the same Court in respect TO the powe
}, of Congress to institute governments 70
l the territories. the Court say:
ur,o nowor .tan6- firmiy on the latter ALTERNATIVE
: mt by the Court-that is. as 'the inevitable conse
= a,ence OF the right acquire territory"
The power to acquire territory, as vel
2 a. the RIGHT. in the language Of Mr.. Mad