The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-09-28
WOODSFIELD, MONROE COUNTY, OHIO SEPTEMBER 28 1885,

the one empowering Congress "to exercise ex-
clusively Legislative authority at the seat of
the general government, and over a district of
country around the same," clearly shows the
difference in the extent and nature of the pow
ers intended to be conferred in the new States
or Territories on the one hand, and in the dis
trict of Columbia on the other. In the one
case il was proposed to authorize Congress "to
institute temporary governments for the new
States," or Territories, as they are now called,
just 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 colo
nies were "entitled according to the Bill of
Rights adopted by the Continental Congress)
to a free and exclusive power of legislation, in
their several Provincial Legislatures, where
their right of representation can alone be pre-
served, in all cases of taxation and internal
polity;" while, in the other case, it was pro-
proposed to authorize Congress to exercise,
exclusively, legislative authority over the
municipal and internal polity of the people
residing within the district which should be
ceded for that purpose as the seat of the gen.
eral government.
Each of these provisions was modified and
perfected by the Committees of Detail and
Revision, as viii appear by comparing them
with the corresponding clauses as finally in
corporated into the Constitution. The pro-
vision to authorize Congress to institute tenn
porary governments for the new States or Ter
ritories, and to provide for the admission into
the Union, appears in the Constitution in this
form:
"New States may be admitted by Con-
gress into this Union"
The power to admit "ne,c States" and "to
make all laws which shall be necessary and
proper" to that end, may fairly be construed
to include the right to institute temporary
governments for such new States or Terrific
ries, the same as Great Britain could right
fully institute similar governments for the
colonies but certainly not to authorize Con-
gress to legisIate in respect to their munic ipal
affairs and internal concerns, without violat-
ing :hat great fundamental principle in defense
of which the battles of the Revolution were
fought.
If judicial authority were deemed necessary
to give force to principles so eminently just in
themselves, and which form the basis of our
entire political system, such authority may
be found in the opinion of the Supreme Court
of the Unitnd States in the bred Scott case.
In that case the Court says:
"This brings us to examine by what pro-
vision of the Constitution the present Federal
Government, under its delegeted and restricted
powers, is authorized to acquire territory out.
side of the original limits Of the United States
while it remains Territory, and until it shall
be admitted as one of the States of the
Union.
"There is certainly no power given by the
Constitution to the Federal Government tt
establish or maintain Colonies, bordering OF
the United States or at distance to be ruled
and governed at its own pleasure; nor to en-
large its territorial limits in any way excep
. by the admission af new states.
''The power to expand the territory of tn
} United States by the admission of new state
is plainly given; and in the cons truction o
, this power by all the departments of the gov
} ernment, It has been held to authorize the &C
QUESTION of Territory, not fit for admission a
, the time, but to be admitted as soon as it
) population and situation would entitle it t
admission. 1t is acquired to become State
and not to be held as a Colony and governe,
by Congress with absolute authority; and a
. the propriety of admitting new State is com
t mitted to the sound discretion of Congress. tn
power to acquire territory for that purpose, t
: be held by the United States until it is in
t suitable condition to become State upon a,
equal footing with the other States, must res
: upon the same discretion"
II Having determined the question that tn
s power to acquire territory for the purpose G
r enlarging our territorial limits and increasin
: the number of States is included within th
/ power to admit new States and conferred b
1 the same clause of the Constitution, tn
: Court proceed to say that "the power to az
1 quire necessarily carries with it the power
: preserve and apply to the purposes for whic
" it was acquired" And again, referring 70
: former decision of the same Court in respec
y to the power of Congress to institute govern
d ments for the Territories, the Court says:
s ''The power stands firmly on the latter a
IL ter native put by the Court-that is, as sth
e inevitable consequence of the right to acquir
s territory"
d The power to acquire territory, as we'll q
9 the right in the language of Mr.. Madison. ct
j. institute temporary governments for the ne
}, States arising therein" Cor Territorial Cover,
+ rnents as they are now called), having bee
J. traced to that provision of the Constitutio
y which provides for the admission of tine
r states, the Court proceed to consi1er the n
), ture and extent Of the power of Congress ov,
o the people Of the Territories
"All We mean to say on this point is, tha
d as there is no express regulation in the Co,
y stltution defining the power which the gener
> Government may exercise over the person
property of citizen in Territory thus a
l. quired, the court must necessarily look to til
l, provisions and principles of the Constitution
IS and its distribution of powers, for the rul.
r. and principles by which its decision must l
> governed.
9 "Taking this rule to guide us, it may l
u safely assumed that citizens of the Unite
d States, who emigrate to Territory belongir
to the people of the United States, can not /
ruled as mere colonists, dependent upon tt
:. will of the general Government, and to I
'i governed by any laws it may think proper
impose. The Territory being pa
u of the United States, the government and th
citizen both enter it under the authority
u the Constitution, WITH their respective right
:. defined and marked out; and the Federal Co
II ernment can exercise no power over his pc
% son or property beyond what that instrume,
confers, nor lawfully deny any right which
r it has reserved"
ID Hence, inasmuch as the Constitution h,
g conferred on the Federal Government no rigl
3 to interfere with the property, domestic r
le lations, police regulations, or internal polit
of the people of the Territories, it necessaril
# follows, under the authority of the Cour
n that Congress can rightfully exercise no sue
le power over the people of the Territories. Fl
of the reason alone, the Supreme Court were a,
!" thorized and compelled to pronounce IL