The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-08-31

lapse of time, no partisan prejudice, no Sec
tional ACKNOWLEDGMENT, no frenzied fanaticism
can efface it, The amendment is in these
words:
The powers not delegated to the United
States by the constitution, nor prohibited by it
to the States, are reserved to the States respec.
lively, or to the people,"
This view of the subject is confirmed, if
indeed any corr0borative evidence is requir-
ed, by reference to the proceedings and
debates OF the federal convention, as reported
by Mr.. Madison. On the 18th of August,
after series of resolutions had been adopted
as the basis of the proposed constitution and
referred to the committee of Detail for the
purpase OF being put in proper form, the
record says:
Mr.. Madison submitted. in order to be re
ferred to the Committee of Detail the following
powers, as proper to be added to those of the
general legislature Congress-:
:, TO dispose of the unappropriated lands of
the United States:
TO institute temporary governments for
the new States arising therein.
ITO regulate affairs with the Indians, as well
within as without the limits of the United
States.
ITO exercise exclusively legislative author
lty at the seat of the general government, and
over district around the same not exceeding
- square miles, the consent of the legisla-
ture OF the State or States comprising the same
being first obtained"
Here we find the original and rough draft
of these several powers as they now exist, in
their revised form, in the Constitution. The
provision empowering Congress " to dispose
of the unappropriated lands OF the United
States" and to authorize Congress to "make
all needful rules and regulations for the
preservation, management, and sale of the
same.
The provision empowering Congress " to
institute temporary governments for the
new States arising in the unappropriated
lands of the United States" taking in con-
nection with the one empowering Congress
to exercise exclusive legislative authority
at the seat of the general government, and
over district of country around the same, u
clearly shows the difference in the extent and
nature of the powers intended to be con-
ferred in the new States or territories, on
the one hand, and in the District of Colum-
bia on the other. In the one case 1t was
proposed to authorize Congress Ito institute
temporary governments for the new States, u
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 col
onies were "entited according to the bill
of rights adopted by the Continental Con-
gress) to free and exclusive power of leg
islation, in their several provincial legisla.
lures, where their right of representation
can alone be preserved, in all cases of taxa
ton and internal polity;" while in the other
case, it was 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 coded for that purpose as the seat
of the general government.
Each of these provisions was modified and
perfected by the committees of detail and
revision, as will appear by comparing them
with the corresponding clauses as finally in
corporated into the Constitution. The pro
vision to authorize Congress to institute
ItlupOEdTy SOFtTuLJcuLS IOr Tue INV OIdCeS
and territories, and to provide for their ad-
mission into the Union, appears in the Con-
stitution in this form:
New States may be admitted by the Con-
gress into this Union.''
The power to admit " new 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
Congress to legislate in respect to their mu-
nicipal affairs and internal concerns, with.
out violating that great fundamental prin.
ciple in defence of which the battles Of the
Revolution were fought.
If judicial authority were deemed neces-
sary to give force to principles so eminently
just in themselves, and which form the basis
of our entire pol tical system, such author
ity may be found in the opinion of the Su-
preme Court of the United States in the
bred Scott case. In that case the court
says
II This brings us to examine by what provi.
sion OF the constitution the present federal gov.
eminent, under its delegated and restricted
powers, is authorized to acquire territory out
side of the original limits of the United States,
and what powers it may exercise therein over
the person or property of citizen of the Uni
ted States, while it remains territory, and I'm
til 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 to estab.
lish or maintain colonies, bordering on the Uni
ted States, or at distance, to be ruled and
governed at it's own pleasure nor to enlarge
its territorial limits in any way except by the
admission of new States.
''The power to expand the territory of the
United States by the admission of new States
is plainly given; and in the construction of this
power by all the departments of the govern
ment, it has been held to authorize the acquisi-
ton of territory not fit for admission at the
time, but to be admitted as soOE as it's popula.
ton would entitle it to admission. It is &C
quired to become State, and not to be held
as colony and governed by Congress with alb
solute authority; and as the propriety of ad-
hitting new State is committed to the sound
discretion of Congress, the power to acquire
territory for that purpose, to be held by the
United States until it is in q suitable condition
to become State upon an equal footing with
the other States, must rest upon the same dis
cretiOn." ..... ..-..-
Having determined the question that the
power to acquire territory for the purpose
of charging our territorial limits and in.
creasing the number Of States, is included
within the power to admit new States, and
conferred by the same clause OF the consti-
tuition, the court proceed to say that "the
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