Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1860-04-05

tive power of Congress over Territories cam,
before the Supreme Court of the United
States as question directly or incidentally
invol4ed in q cas- which was brought from
that Territory, think in the year 1928
The whole court then agreed that Congress.
alone could / gislaie for Territories. Il
| should be born in mind that this was The
same court, but not the same Judges
which decided the famous case of bred
Scott What did Mexico say when she
eeded territory to usi She ceded it to
the United States; not 10 South Carolins
or 10 Georgia, or Massachusetts; but to
the United States. She said that the
right to make laws for this people, is now
transferred to the United States. Tie To-
cal law and regulations in all such cases
remain in full force, except where they con-
fict with the Constitution of the United
States. The deed of cession was made
to the Government of the United States,
and that Govermnnt, by consequence, has
10y virtue of treaty, the power to control
the territory. Ihave given you the opin-
ion of Chief Justice Marshall. There are
other decisions of the Supreme Court.
which l may herafter refer TO, recognizing
Congress as the only Legislative power
which can rightfully make laws for Terri
TORY, until that Territory becomes a
State ss
Now, let me look a little to Our opinions
the opinions Of learned gentlemen elcc
ted to represent the people. 1t WAS OBJ
served by the gentlemen from Mississippi
that, in the compromise of 1850, as b.,
will continue to call 1t, the power TO make
laws for the Territories was sbandoned.-
Now, if any one will look into the laws Of
1850, organizing the Territories of New
Mexico and Utah, they will find that while
they organized Legislative Council and a
lower House of Representatives, in each of
those organic laws they provide that the
laws made by the Territorial Legislature
should be returned to Congress, and if dis
approved by Congress, should DO null and
void. So far from surrendering this great
principle, now become established by juri.
dicial decision, as well as by the laws Of
Congress, Congress expressly retained
the power to annul the laws of the Terri
tory. Sir, listened to the debates upon
those mearures of 1850 for many months.
Mr.. Webster was, think, very unjustly
condemned by portion of the people OF
his own State, because, they said, he sur
rendered this great right. L have lived too
long to be much amazed at anything; but
l have been utterly astonished that 1t
should have been asserted that either of the
iIustrious men who figured in that discus
sion-Clay or Webster-ever surrendered
the power of Congress to prohibit slavery
in the Territories of the United States.-
They declared, in their speeches, that they
believed they had that power; put that the
coming from Mexico was fee, and
that no power on earth, except Congress,
could take slavery there, unless the law
making power of that territory bad planted
it there before We aquired it. All the
courts, State and Federal, up to 1854, had
detrmined that slavery is the creature of To-
cal law, or long local usuage recognized law
full hich was but another formula for the
of that principle. q - So re-
= -
Mr.. Clerk, / find myself al a loss to un
derstand how it is possible for the gentle
men on the other side to rid their minds
of the crushing weight of ANTIQUITY which
presses against them, upon this subject,
either as TO the policy of restricting slavery,
or the power of Congruss to do 1t. Will
they assert that the men of 81 were mis-
taken in the policy, and that Congress and
lhe executive department, from 1904 to
1921, were mistaken n the point of con-
powerl Where Is the enor-
nous egotist to be found who will assert
That he understands, to-day, the ConstiLu-
lion of the United States better than Pres
dent Monroe and his entire Cabinet did in
1921 . ss15 5, $50
CHIEF JUSTICE MARsuALL's OPINION.
Now, it was declared by the Supreme
Court as early as 1910, that the power to
govern the Territories arises under the pow
II to acquire territory, or under the clause
of the Constitution authorizing Congress to |
make all needfui rules and regulations re-
'pecting the territory and other property
,f the United States. So much for 1910. |
Now, SEINE years have elapsed. In Pc |
Iers, page 5Il, there is a reference to the |
same question, and the law is laid down
IN the same terms as in 1910. In the
saws Judge Marshall, "FlorIda
continues to be Territory to the United
States, governed by that clause Of the Con-
;titution which empowers Congress to
make all peedful rules and regulations re-
'pecting the territory or other property OF
he United States" He goes on: go
"Perhaps the power of governing
Territory belonging to the United States,
which has not, by becoming State, ac-
iuired the means of elfgosernment, may |
ssult necessarily from the facts that il is |
,ot within the jurisdiction of any particu-
ar State, and is within the power and ju-
-isdiction of the United States. The right |
20 govern may be the inevitnble conse-
luence Of the right to acquire territory
Whichever may be the source whence the |
power may be derived, the possession Of |
i is unquestioned." 81 - le-s
These Republican traitors, these dupes,
.hese insurrectionlsts, these one hundred |
md thirteen men who were, rs you say |
BY in.endment, At Harper's Ferry with |
John Brown; these men have committed /
no sin but that Of believing with Judge
T. IL