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

battles of the revolution against pre-
amble declaring the right of Parliament
to bind the colonies in all cases whatso-
ever" ~ Lau, atal1it ''p1 3s
If, as they contended before the Revolu-
ton, it was the birth right of all English
men, inalienable when formed into political
communities, to exercise exclusive power Of
legislation in their local legislatures in re-
spect to all things affecting their internal
polity-slavery not excepted-did not the
same right, after the Revolution, and by vir.
tue of it, become the birth-right Of all
Americans, in like manner inalienable when
organized into political communities
matter by what name, whether colonies, ter.
ritories, provinces, or new States
Names often deceive persons in respect to
the nature and substance of things. A sig
nal instance of this kind is to be found in
that clause of the constitution, which says {:
"Congress shall have power to dispose of,
and make all needful rules and regulations re-
speeding the territory or other property be-
longing to the United States"
This being the only clause of the Consti-
tuition in which the word territory ap-
pears, that fact alone has doubtless led
many persons to suppose that the right of
Congress to establish temporary govern
ments for the territories, in the sense in
which the word is now used, must be de-
rived from it, overlooking the important and
controlling facts, that at tie time the Con-
stitution was formed, the word q" territory I"
had never been used or understood to desig-
nate political community or government
of any kind in any law, compact, deed of
cession, or public document but had inva-
riably been used either in its geographical
sense to describe the superficial area of a
State or district of country, as in the Vir-
ginia deed of cession of the territory, or
tract of country" northwest of the river
Ohio; or as meaning land in its character
as property, in which latter sense it appears
in the clause of the Constitution referred to
when providing for the disposition of the
"territory or other property belonging to the
United States" These facts, taken in con-
nection with the kindred one, that during
the whole period of the confederation and
the formation of the Constitution the tenn
porary governments which we now call
/" territories" were invariably referred to in
the deeds of cession, laws, compacts, plans
of government, resolutions of Congress,
public records, and authentic documents as
i" States" or "new States" conclusively
show that the words territory and other
property" in the Constitution were used to
designate the unappropriated lands and
other property which the United States
owned, and not the people who might be-
come residents on those lands, and be organ
lied into political communities after the
United States had parted with their title.
1t is from this clause of the Constitution
alone that Congress derives the power to
provide for the surveys and sale of the pub
lie lands and all other property belonging to
the United States, not only in the terri
tories, but also in the several States of the
Union. But for this provision Congress
would have no power to authorize the sale
of the public lands, military sites, old ships,
cannon, muskets, or other property, real or
personal, which belong to the United States
and are no longer needed for any public
purpose. 1t refers exclusively to property
in contradistinction to persons and commu-
mites. 1t confers the same power to make
all needful rules and regulation in the
States as in the territories, and extends
wherever there may be any land or other
property belonging to the United States to
be regulated or disposed of; but does not
authorize Congress to control or interfere
with the domestic institutions and internal
polity of the people (either in the States or
the territorles) who may reside upon lands
which the United States once owned. Such
a power, had it been vested in Congress,
would annihilate the sovereignty and free
dom of the States as we'll as the great
principle ofselfgovernment in the territories,
wherever the United States happen to
own portion of the public lands within
their respective limits, as, at present, in the
States of Alabama, Florida, Mississippi,
Louisiana, Arkansas, Missouri, Illinois, In
diana, Ohio, Michigan, Wisconsin, Iowa,
Minnesota, California and Oregon, and the
territories of Washington, Nebraska, Kan
sas, Utah and New Mexico. The idea is
repugnant to the spirit and genius of our
complex system of government; because it
effectually blots out the dividing line he
tween federal and local authority which
forms an essential barrier for the defence of
the independence of the States and the liber-
ties of the people against federal invasion.
With one anomalous exception, all the pow
ers conferred on Congress are federal and not
municipal, in their character affecting the
general welfare of the whole country without
interfering with the internal polity of the
people-and can be carried into effect by
laws which apply alike to States and terri
tories. The exception, being in derogation
of one of the fundamental principles OF our
political system because it authorizes the
federal government to control the municipal
affairs and internal polity of the people in
certain specified, limited localities,) was not
left to vague interference or loose construc-
tion, nor expressed in dubious or equivocal
language; but is found plainly written in
that section of the Constitution which saws
"Congress shall have power to exercise ex
elusive legislation in all cases whatsoever, over
such district (not exceeding ten miles square)
as may, by cessiOn of particular States, and the
acceptance OF Congress. become the seat of the
government of the United States, and to exer.
by the consent of the legislature of the State in
which the, same shall be, for the erection of
forts, magazines, arsenals. dock.yards, and
other needful buildings"
No such power to exercise exclusive leg
islation in all cases whatsoever" nor indeed
any legislation in any case whatsoever, is
conferred on Congress in respect to the mu-
nicipal affairs and internal polity, either of