Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1860-04-20
Power of Congress to Legislate
for the Territories.


If we understand the position OF the JefIersonian
on the shieet of the power of Congress to legslate
for the Territories he assumes that in the event of
failure on the part Of the territorial Legslatureand
Of the Supreme Court to protect slavery then it is
the duty of Congress to afford that protection The
Constitution prescribes limit to the power neither
docs It annex condition; and we are at q loss to
know by what construction or what precedent the
Limitations and conditions couended for are author
ised. In late debate in the Senate, Mr.. Brown,
Of Mississippi, adduced facts which completely over
throw this new tangled Interpretation and place
beyond rational doubt the power of Congress to
legislate for the Territories and that without any
reference to the Supreme Couit or to territorial
Legislature, and SHALL briefly, avail ourself of
them to vlndicate our position.
As early as 1870. Congress passed an act for the
punishment of crimes, of which the following is
extract:
"That II any person or persons shall, within any
fort arsenal, dock-yard, magazine or IN any other
place or district Of country under the sole and ex-
elusive jurisdiction of the United States, commit
the crime of wiful murder, such person or persons,
on being thereof convicted shall suffer DEATH"
This law embraced the crimes of treason, murder,
conspiracy piracy, felony, forgery, larceny perjury,
receiving stolen goods, bribery and all other Offences
known to the penal statutes and was passed in
about one year after the adoption of the constitu
ton. Surely that Congress. composed, in part of
the trainers of the Constitution must have understood
clearly the powers conferred tby that instrument
and it unhestatingy claimed the right egislate for
every foot oftcrrtoy outside of the immediate uris
dicion ola State. Aud in reafirmanceo of thisright in
1904, Congress expressly applied this criminal code to
the Territories Of Orleans and louisiana; subse-
quenty to the Northwest Territory, to that of In
diana of Florida, and through the whole list down
TO Utah--embracing not only the territory acquired
from France, Spain, and Mexico, but to that within
the original grants from the British crown. These
facts prove conclusvely, that Congress has not only
claimed but actually exercised the power to legis-
late for the Territories from the very date of the
Government down to the passage of the Kansas act.
And in the face If these facts, the Jeffersonian
charges us with taking the Black Republican posi-
ton, that Congress has the power to lcgisate,
generality for the Territories
But we shall DC told, perhaps that though all
this may be true 1t carries with it no proof of the
power Of Congress to protect slavery in the Terri
tories Now, as one fact is worth a thousand idle
theories cmenoting from the brains of demagogues,
we shall cite prove that Congress has claimed
and exercised the right to protect slavery in the
Territories without waiting for the Courts to inter-
pose for or against The Territorial Legislature OF
Florida having imposed a tax of ten dollars per
head upon the slaves Of non-rcsidents Congress- in
1894, passed the following act, which was approved
by Gen. Jackson;
Be il enacted &c. That all such nctsor parts of act;
passed by the Legislative Council of the Territory
of Florida, MS may impose q higher or greater tax
ON the slaves or other property of nonresident
citizens, than is imposed on the slaves or other pro
perty Of resident citizens of said Territory be, and
tue same arc hereby repealed and declared null ant
void
SIC. .. And be il further enacted That if any
person shall attempt to enforce any of the acts Of
parts Of acts passed by the Legislative Council O
the Territory Of Florida, aforesaid, by demanding
receiving any tax, imposition, or assessment an,
thoriscd prescribed thereby, such person shall, or
conviction thereof be punished by fine not ex
eecding $500, or by Imprisonment not exceeding
six months or either or both Of said punishments
At no period in the history of this government
has there been greater array of talents and states
manship in Congress, than when this act was pass
ed, and never was a doctrine more clearly settle,
than that Congress has the power to protect slavery
in the TcrritOries--if such a question can be set
tled by wisdom and patriotism acting directly undo
the plaiuest constitutional provision. Not only ha
it been the policy Of the Government that Congress
shall legisate for the Territories geaorall," but il
the only that had arisen so far S. we can lear
prior to the Kansas act against the rights Of tn
slayeholder-Cougrcs did exercise, and by unani
nous consent the power to protect slavery, and no
content with simply repeating the aggressive law
of a legislative Council it affixed the pcualtie
against any attempt to enforce them.
But it seems to be the doctrine of modern demo
cratic would-bo statesmen that the farther the
diverge from the interpretations of the Constitution
the nearer they approximate its true meaning; and
acting upon this silly conceit we find them, in tn
true spirit Of demgogueism, ignoring the PLANES
provisions of the Constitution, aud setting up thei
puny Judgment, against shat of the wsest and hes
men who have ever participated in the administra
ton Of this government. Squattor sovereignty is a
sud good mcn who shaped the policy and define
the powers Of the various dclartn,cnts of the gov
crnmcuL II eucnatcd from the brpin 81 Gen. Cas-
ami being congcnal to the anti-savery scntlmcu
of the North, northern democrats claimed Il as N
true doctrine and southern deiuocrnts conceded Il fo
the sake of the spells. And TO prove the gro,
error Of Tho doctrine, the very party which Ia
adopted / h0s no opinion, in common, Of the eNtcr
or mole Of its 0pplioation--oue faction contendiu
that Congress can not legisate for the TerriioIi,
in any contingency another that it can lcgislat
for the protection OF slavery in case the ierritoi.
Legislature refuse or fail and the Court=a.c ayou
pcteut 10 project is and still anuthcr TINT the do,
iv,nc Il bumhug and coustitntes no part of IA
dymo,rtlc cryel The only point on which III
party IS agreed in rc.creuce 10 this question, Is q,
charge ul dhai.I ilaisM against those who can n,