Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1860-10-18
Written for the Bradford Reporter.
The Power of Congress over Slavery in
the Territories.

The second paragraph Of section third Of
the fourth article o. the Constitution of the
United States, says: The congress shall
have power to dispose Of and make all needful
rules and regulations respecting the Territory
and other property Of the United States
Does this clause Of the Constitution confer
on Congress the power to prohibit slavery in
the Territories p"
The Constitution regards Territory as
existing in two conditions, first, rs land sim
7'v. aud second as inchoate, or begun, com
nenced, surveyed, exposed TO sale and partly
settled In lis 6rSt condition, it is property.
he property Of the parent state in it, second,
rs province, a colony-in fact Territory
ii l&e American sense Of the word-and tins
Yaa attaches until it acquires the legal aud
proper attributes of sovereignty. What was
:5s property of the Union or Government 10
Is first condition, has by occupancy, purchase,
and cultivation, become the property of indi
T.ilals, in fact, of a communty,-in the sec
11i, The rules and regulations Of the first
condition attach, apply, and are continued 10
he second 50 FAR aS they %. but they are not
sufficient for the demands of an advanced civil
ration. Others are needed such those which
r-oyide for the administration Of Justice, the
security of property. and for public defense -
Now 4 community in his early stage Is entire
Is incompetent 10 meet these demandS-it is
weak and poverleSS IN the face OF savage
foe,--il cannot even punish the midnight as
,s>sju or robber except by lynch law, and lis
o0'v hope and salvation from foreign aggres
grrSs.on and internal brOi is in the arms and
treasure of the parent state. Ii has scarcely
s single attribute Of sovereignty, aud especial
u that important one, the power OF Seif-de
!s0se from foes without, and foes within. Il
allot afford 10 have, and for these reasons,
IA s not sovereign within lis boundaries, and
es sbiljty and power 10 protect aud defend,
@-ss from Congress.
lie enigFsnt from the parent state carries
- am 10 his new home the moral and DO
ia elements which have controlled his
',.s life He surrounds himself with the
1sa,ulioOs he has learned to love lie is
1lrtyr to an ides.7 His faith is seen in his
ll'isaPs and perilS, and voluntary tol,-in
'-s dangers he encounters,-a still more in
re teuaciIy with which he cljngs TO aught OF
Is early home That is his IDEAL, his example.
n al ne loatbes and spurns the restraint which
aoders bis imitation. How easy for the par
eat state to impress upon the young communi-
IIS own law of existence, and imbrue il
With It's own vitality. How naturally it fol-
.oSs that the latter places itself in communi-
caNon With the former, giving little bat re-
ea70g all creating nothing but approprist-
'ls % lSeH the benefits OF more perfect
" society
ffou tbe regard thus manifested by the
-ss oat imperfect community 10 the stronger
40 oder, from its dependence and Inability
y protect itself, from its origin from the right
y ea.nent domain which inberes in the par
80 s2'a until the new acquires Sovereignty,
.'Va 'ee title which occupancy and ownership
C1s''aoly coufers, is dedueed the right which
CYCs'eSS exerciSes aud is bouad TO exercise.
T. Ies.sIating 10 all cases over the Territory
de OaIIed States, It is not denied that
isresS na! peTHglt Territory to legislate
- .'Ssi N some cases, but it reserves the
r-'a oi sAnctioaing that legislation in its
executive head. aud may withhold the
T-'S>'ol 10 legslaIe az all, if it sees ct. If
sIesS uegieets or refuses to pass Law or
- territory. as. il has often doae, the
Ne are without law except the law of l.a-
- 'o'ea IS always binding. they are squat,
KY Dot clLLeas
rasFess possesses the right TO legisIate for
territories from the nature Of the case il
even tho3gh the Constitution were silent
J community in every stage of It's lorna
process, D! laE Of na.nre's oEa ortIina.
'o.es allegiance 20 he parent stats which
- q IS helpless existence, which ere.
A9d establishes i. : rovs- n ,Ls e.-,s