Brookville American. [volume] (Brookville, Ind.) 1858-1861, 1860-10-19

4
Republicans as to the general power OF
Congress over the Territories, yet ex-
cludes from that power the right to leg
islate to the injury of slavery, on the
ground that slaves being property, are
vested rights which no legislation can
divest.
The other wing gives partial power
to Congress over the Territories, but
denies its right to prohibit slavery, and
gives that right to such inhabitants as
may have squatted there.
The Democratic creeds, while differ
ing among themselves, both render Con-
gress powerless against slavery.
Ii the Republican doctrine be true,
then both the Others arc false. All that
is necessary, therefore, is 20 establish
that Congress has supreme power to
legislate for the Territories. The Con-
stitution Of the United States 10 q COM
pact between sovereign States forming
one general Government, according to
express principles aud for purposes
therein mentioned. The Territories
were no party to that compact, aud
have no voice in the management Of thU
Government. The powers Of the Gen
eral Government are such as are grant
cd to it by the States. The powers Of
the Territories are such rs are granted
to them by Congress. The Constitution
has no concern with the Territories, ex-
ccpt 80 far as is expressly provided in
the instrument itself. That is confined
to tho provision that "COugrcss shall
have power to dispose Of and make all
ncedful rules and regulations respecting
tho territories or other property of tho
| United States. a
Tho Supreme Court Of tho United
States early decided fhat this clause gave
Congress sole power TO lcgislate for them.
But even if this clause had not existed,
they inferred the power from the right
to acquire and own. In 1898, Chief
Justice Marshall said q Peters, J42,)
speaking OF the Territories, "they do
not participate IN political powevl they
do not share in the Government, until
sho (l'lorda) shall become State. In
the meantime, Florida continues TO be
a Territory Of tho United States, nov.
ctned by virtue of that clause in the
Constitution which empowers Congress
to make oil ncedful rules and regulation
respecting tho Territory or other prop.
erty belonging TO the United States. -
Tho right To govern may be tho inov,
table consequence Of tho right 10 nc.
quIro Territory. Whichever may be
tho source whence the power is derived,
the possession of IL Is unquostioncd
, l4siFz 'g6aey Gags nli' tho United
States could acquire aud own tho pcr-
ritories II follows as an Irresistible con.
cluslon that they alono could govern
thom."
Ono would think that these aulhori
ties, and this exceeding plain language,
left nothing doubtful on this point, aud
shut the door against argument. My
excuse for troubling you en- this point
any farther IN because very small law.
yer has donied those propositions, claim
cd tho power for popular squattcrs, and
raised noisy and somewhat numerous
party ON that basis.
But, although tho general right Of
Congress to legslato for the Territories
Is conceded by one wing Of tho Democ.
raey, yet they deny tho power TO pro.
hibit and abolish Slavery. That pow.
or Is not forbidden by tho Constitution;
aud Congress has oil Legislative power
In tho Territories, precisely rs their
Legislatures have In the states All
State Legislatures have tho power TO
abolish Slavery unloss prohibited by
their own Constitution, II Congress
did not possess that powor, u follows
that, within tho broad limits ofour Ter
rltories, thare IL no power on earth that
can do it-.a proposition US horrible as
IL II absurd.
How did tho Fathers Of tho Revolu.
ton and tho trainers Of tho Consultation
treat this mattorp IA oar y M 1881,
undor tho Confederation, plan WIS
submitted To Congress for tho govern
mont of tho Territories. Among It's pro
visions was one prohibiting Slavery
IL received tho votes OF q majority oi
tho States, but not tho two.thirds noe.
cssary TO mako Il q law.
In 1887, however, the ordinance was
passed. IL applied TO all tho territory
then owned by tho United States Con.
grcss, NJ its first session under the pros
cnt Constitution, re-enacted tho Same
law, aud 10 was signed by Washington
Where then slept tho vigilance C Wash
lugton, Madison, Jefferson, Adams,
Hamilton, and tho other grca, men who
framed the Constitution, that they did
not perceive this violation OF tho sacred
instrumept th N fresh from their hands?
Was II allowed TO sleep for sixty years
then to DO discovered by an agraran
dcmagogue and Jesuite stakeholder?
Judge Faney comedies that tho law
might be valid as to the specific territory
OF the United States, before tho adop-
ton Of tho present Constitution, but
could not be applied TO any aiterward
acquired. North Carolina and Georgia
did not 40 understand II. North Caro-
lima coded her unsettled lands to the
United States in tho year $780, Georgia
ia 1902, several years after the adoption
of the Constitution. They deemed il
necessary TO insert in tho decd OF ces.
sion, Wn express agreement hat Con-
gress should not abolish or prohibit
Slavery in those Territories. Congress
entered into tho compact, and accepted
tho lands. What useless, foolish and
frivolous engagement, ii Congress had
no such power. Ii would stultily the
pan ties.
Louisiana WAS tho first Territory nc.
quired by purchase from u foreign State.
I IL ..l Ia 1t