Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-09


claimed for themselves and their poserty the birth
right Of all freemen inalenbr when organized into polt
cal communities and TO b. enjoyed and exercised by Colo
nies Territories and provinces July and completely
by sovereign States Thus II will he seen that there Is no
organic feature fundamental principle embodied in the
Constitution OF the United States which had not been iani
liar to the people OF the Colonc. from the period OF their
earliest settlement and which had not been repeatedly
serted by them when denied 10y Great Britain during the
whole period OF their Colonial history.
Let Us pause al this point for moment, AMI enquire
whether be just to those us,rOu patriots and sags who
formed the Constitution Of the United states, to assume
they intended to confer upon Congress that unlimited
and arbitrary power the people Of the American err
riories. which they had resisted with ;he:r blood ~'tn
claimed by the British Parliament over British Colonies III
America Did they confer upon Congress the right TO bind
he people Of tie American Territories in all cases waiso-
ever ai;cr ayn. fought tho battles Of the Revolution
a.i.i.l preamble. declaring the right 81 Parliament 10
bad he Colonies in all CASTS whatsoever:
IT, -. they cont -nde before the Revolution. it Wa ia,
bi,,, right Of all En:l!shar inalcnab: when formed into
political communities 20 exercise exclusive power OF iers'
i-icn IA their local legislatures in rr-rc t. all things AZ
f.cn- their internal o!ty sasery Lot eAcepei-did not
the right, after the Revolutions and Ivy virtue "i u,
become thu birii:l Of az! americans. in Ike manner In
a.ir.,hl. VIE" oraa!@rd into political eonunt:s
matter ly What naIuc, whether tolot-, Territories P!o'
vince, or u-w States:
Name, oaen deceive person, rr-pcc, the and
substance Of thing. signal Instance If ii., Si 10 be;
found in tbs; clause OF the Constitution which says
CD.r,s- snail have power 10 dispose VI, IL make III
ucrd! rule, and regulations, rcprc;in: The territory or
o;hcr property helon.inr 10 the { nited States.
r. b-i1s u" Unly clause Vi the Constitution in which
~. word ";eTr!:yry airars that t, alone has doubles
lei .u! persons 10 sur that the right -! Congress 10
,tsis TEMPORARY tIo,rghLicn,, f"r Territories, in The
IL which IL, word i a.cd, nusi hc derived from
overlooking the important and controlling facts, that II
the time "a, Constitution formed the word TERRITORY
had been used understood 10 hrs :tatc political
community government -! any Kind in any law compact
deed of ces.i"n. public document. hut had invaTab!
used, either H it, geographical to- describe i-
superficial oi state. district of country. in the
Virginia decd of cc,pn al tie TERRITORY TAct ~ torN
I NoFih"es % the river Ohio, or r. meaning land in
is character properly IN which latter sense appears
~ the clause II the uoni; referred i", when prov nS
for lie l-ro,"n - lie trsi'"r. or other property he
longing 10 tie Imit-! States, Thee faces. taken In con
nccuu with the kindred our TIA: during tie whole period
Il rc Confederate n the formation Of the Constitution
tn t.u iGrary Cos erlrl, which al 'ie:r"ri-,
Invariably it!trfc IN the deed, OF crSs!n. .H-
contacts. lan' Il s"veT''arat resolutions Of Comsr'>
ru"i.c records and -uihe.t.c document, "s:ats- OF
State cp.cu.iycly show that IL" words TERRITORY
AMI '"r property IN tlc Constitution were used /" h..ig
the usinlropi.;td Lands .nl "..r property which
The United >1t,s owned AMI no, The people who might be-
tsi,ui tho-- lani-. anil b- ":caE7"d int" pol
cal coiauuEi:i, a:;er the Uuit-l sls,c> hst parted w
III, from this Clause Of tie Constitution alone ,ha, Con
srr-, .f!y-- i.- power provide for The ryeys and sale
II jlir lId- AMI all o-r property belonging 10 tt
uni" s:,ir ~" only Ia the Territories hut a,o in tie
.,y.ril .ta- ~ tie rLi"n. l:G, for TIL provision Con-
HoD haze roPower 10 au'hcize tile sale Of the pub
IT, lIl,, iirIy -ir- old ships, cannon LuNhrt, 81
other property. real personal, .hic belong, {" tie
United sni,. and al" 40 longer needed for any public pur
ros-. II iu.f. exclusively 10 property Ia conrai-mc
ton I" and communities IL Cnufrr. the
power ;o make al nc,dl rulcs a:d regulations, il the
IN The 1r:Iii6ri.- aud extend, wherever there
may he rd .! c."r property belonging to tie United
STATE :" c regulated W disposed Of f doe. not aGilo
rc Congress control or interfere viii! tie domestic il.
tiuiinn- anlnierna polly Of tie people either in tie
- lie Territories who lay reside upon lands which
ihc Imi;ro Owned such power, lad II been
vested il Co:.rrss would rni:lac the sovereignty and
coi II ~. states vel, the rcI principle p sell
government III the Tcrr,"ri wherever NE United state,
i,rt' - own portion % H." public li,- within their
rc,i,ccy, .ni- ~ present. i tie states Of Aahama,
Florida Mississippi Louisiana. A'lisa,. Missouri Illinois.
Indiana r..p. tiicluraH WISCONSIN, Iowa, Minnesota,
: 81. II. Msa-1t
ton. Nebraska. Kansas. uah, ard New NrAico The IDEA
!. r.ugUal 10 Ne v.i and sciG, Of complex
ru,,IiG.': because it etctuay blot, out the III.
'iag line between Federal and Local authority which
iis essential barrier for the defence 81 the nie-l-
,citc 81 The Stale aid :!c liberties 81 the people ..iIs,
Federal invasion. With anonaIou, EXCEPTION all the
powers conferred ~ Congress FtD,EiI nnd ROT Mr.
NcIr,L ia their clrari,FlI.cs ia" general wrf.r" -!
the wh"!- country ""a; interfering 'ith the internal
poIiiy iii, people" lee carried into effect By laws
N!ch apply alike To states and Tcrrirosi,,. The eNce'
;on bella. in dro@a'i"n -; OF the Fundamental pn.
Federal government" 10 control tie municipal affairs AMI
Internal ,uiy % the people in certain specified limited
lpcic., L", lea Ia Inference loose 'otruc-
i', rSprc>" in dnhrGs % rluiy"cil languages hu,
i found plainly written IN thai Section Of ;!- Constitution
which .at-
u"ns...s shall have po er 10 excrc.. exclusive l,ga-
zion in all whatsoever, .uch district not exceed.
inr niles square, may, by ces.on of particular
States a the acceptance 81 Congress, hccOm. the seat Of
the government Of the United States, and IL cxrrci. tc
Like authority Al tcc, purchased by the coisc; 81
The Legislature ~ the state in which the shall lie, for
the erection Of forts, magazines, aScna dcckyard, and
other needfu buildings.
No such power 10 .Ncrc,. exclusive LEGISLATION IN al
whatsoever. nor indeed any legislation in any ease
Whatsoever /, conferred ga Congress ia r-,ec; TO the NH
rcpal ai!r and intern II p.ly, either OF the States 81
the Trrr"ric un tine contrary. after the Constitution
had been finally adopted with it, fc!cra! powers dele
enumerated and defined, IN order tp guard IN all iuur.
tine against possible infringement Of the re-erye!
right, 81 Tie star".. tie people amendment
incorporated int" the Constitution which mark the dividing
In" between tS!tF" 1Ei Local authority 20 directly ana
iu!.hly that ,i-e Of lime partisan prejudice no
sectional a:sarlr;u, NJ enzied faaiir!.n tGacc
Il. The Amendment j. in ;lc., words
The roHrr> not delegated 10 IA" th"! states W N.
Constitution. prohibited lev It tar STATES r-tyel
to t'e state, respectively. or to the people
THIS view II the subject ], confirmed. Il iLI.i aay cor
roho.a;iy" evidence required, Ly I'fritEcc {" the pro-
c"c,ln. AMI debates OF i- FEDERAL Convention report;
-! icy MIR. Madison a. The 18th of Aug. alter ,rrc,
Of rreou,io'. bad been al''ed ~ TIE bass II e pro.
posed c"nsu;i,n aud referred TO- i Committee Of Detail
i'f 10" II"-c"i 'r'Hs pat u prpPer form, TIE record
Nj. Na.i-u admitted in crier be referred the
Committee E" p' -" fll"sInc powcr-. n proper TO he
added - lu.r - TO- u,usri l., Es!a'ur" Congress:
s.I;c..
':p institute temporary government, ;or the States
10 rrrr,tc 80 with tie In,a,.., - well within
without tie limit ~ tie tiitrG state
10 rS.rci.r Ncl,dy r-I .i.c authority nj the seat
81 ''e zen raj -, iri and over L.iIt. around nc
-lnic io' exc 'dn: .pIIi- miles the consent Of tic
Legislature: tie s'ae s, comprising tue Sable beirg
, i,gst utillG".'
Here r the original auL rough lra., Of these
"a! fo"es Tie. r,i-i. ia -r rr.i.ei fora. Ia NE
Constitution. he precision tirpove:ng Congress ITO dis,
poe ~ ;r ua"pif"lra'" land. o: the United States
Vas ~ et az. ,hlir;ci - a, 10 include other property
holotmg t" Sic Chtrd State. aud to huorisc Congress
make all .ecni rule AMI regulations, FOR the rrc..r
ration, management, and ale 81 the same.
The provision empowering Congress 10 institute tempo
raTy Governments fer the states arising In the
.Eratrh aEd> ofic United states taken Ia connection
with c empowering Congress io exercise exclusively
Legislative authority tie seat OF the General Govern.
.nsn amd over district O: country around the SANE
IL. nal mr.. ~ he
powers intended 10 be conferred in the States or Ter
r:,Jr.-S the one hand and ia the DsrG. Of Columbia on
She "cr In The It proposed 10 authorize
Congress "ip institute TEMPORARY Governments Cor the new
sa'cs ar Territories, they now called just a. orr
Revolutionary fa;lers gzrd the right Of the British
Crown 20 institute local Governments for the Colonies, 10y
issuing charters, under which The people Of the colonies
"en;ii!c according 10 the Hill of Rights adopted y
the Continental ogr. to ami power II
..ailOn. Ia -r several Provincial Legislatures, where
their RICH; "f REPRESENTATION alone hc preserved IN
all ca.s, Of taxation ana internal poly while, in 'he "-r
case it proposed 10 authorize Cnn.re- t" cN-re
cus:yely legislative authority override municipal and IN
rrnnl poly Of Tie people residing within the i;+ which
should ne coded FOR tt purpose a' tile sea, % the Genera!
Government.
Each -. these provision. VI. modified and perfected by
the Committee Il Detail AMI Revision. will apprar by
comparing tlc 'iil the rcrTc.rondu. clauses finally
Incorporated ia,o the Coi>ulion. The provision
'liOrAc Congress to institute temporary governments FOR
e.. STATE. "r Territories aud To provide for their adj
mi sion into 'i ion, appear IN ;ig Constitution in Ills
'Ncw States E,ayfe alui':edi y the congr,, into ;i,
Union.
Tie pow. to a.lmi; '.>rw Sr,rg-" and ," make all
laws which hall hr necessary nHd proper :" that rpn,
may fairy lee construed include the right Ia institute
;,uorary gny.ruiac' Cur c new state, or Territories
TIE Or ~ 'aiu could rshully institute mar
governments i"r H." COLONIES: but certainly net to authorize
Con:rcs- 10 iegla in respect {" their municipal Affairs
n.l internal concerts, Without violating that great iunda
mental principle In defence Of wc ,lc battles Of III" Re-
voI!ri"n fought.
II judicial authority !'emcL Necessary 10 give force
10 principles rn.irony just Ia em.rlycs. AMI which
form The hGs g! ON ctire political ,yte such authority
may m foTHi in he opinion Of ;hc Supreme Court OF the
United stat, IL She Drtd scot, Ia that ,hc
Court say:
Ti. brings 10 examine by wha provision Of the Con
,u.io hc Present Federal Government under il dele
gated and restricted powers Is authorized to acquire terri
Tory outside cf tie original liit OF the United States, and
what power, may exercise therein the person OF
properly OF citizen Of The United states while remain.
Territory and until ii sha he admitted As one d: the
stats ofilic Union.
There is certainly power evenly the Constitution I"
the Federal Government establish maintain Colonies
bordering the United states ~ distance TO he ruled
ami governed at its nor to enlgt it, terrific