Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-08-21

Those who cannot como Up to tbs stoneesd nsd
better join the Republican, q their squ.stsr a.
tional Democracy. and IL nrclel iolD our r9es
they would desot 1t the first opell a. p0wdef o.
the distant bsat Of the war tDmpeG We ens
no unwilling allies ne faint eariedDoldie@s no
camp followers; but - do want tsas SO eFied
men, thoroughly educated in sound Constitutional
doctrine, and VINO, if need be, will peril their lives
and their fortunes in the great Constituticnal bat
tie which the people Of this country must yet tight
for the preservation Of their liberties and their
rights.
Having demonstrated our fret proposition, that
the Constitution Of the United states recognizes
slaves as property and pledges the FEDERAL Gov
eminent Tor its protection on the high seas, in the
common territories and wherever else IL has legal
and Constitutional existence within the Jurisdic
ton VI the United States, We will now pass ON to
an inquiry into The power conferred on Congress
by the Constitution ter the government Of the ter
riiorics.
We must confess that in all our law reading we
have never seen anything to make US doubt that
Congress was invested with the necessary power
for the organi alton and government OF the Terri
tories, during their territorial condition. This
power said to be deriveable from various
clauses OF the Constitution
The Supreme Court OF the United States in
Peters 542 and ia IA Peters 537 in cases decided in
ISIS and 1910 affirm the power Of Congress togov
ern the territories and lay the foundation OF this
power in that article Of the Constitution which
authorizes Congress "to dispose Of and make ali
needful rules and regulations respecting the erri
tory and other property belonging 10 tne .ni.ea
States" But in Canter's case and the bred Scott
case 90 Howard 1851 the Court traces the power
to the "war making and treaty making power
conferred by the Constitution. but whatever all
terences Of opinion there may be as To the origin
or foundation Of the power, 1t Is the uniform
opinion not only o. the supreme Court but OF Nil
tho writers on Constitutional law that the power
in Congress does exist We know OF no single
writer On Constitutional law who controverts the
proposition, and would challenge our s4uatter
friends for their authorities. We will here quote
briefly from some authorities which no lawyer will
challenge Chancellor Kent in VOL | OF his Com:
p. 3S4 Sec. II, says: "With respect to the vast
Territories belonging to the United States, Con
gress have assumed to exercise over them Supreme
powers of sovereignty. Exclusive and unlimited
power Of legisl is given to Congress by the
Constitution. Again, p. 3-5, the same writer
says: at would seem from these various Con-
grsssional regulations of the territories belonging
to the United States that Congress have Supreme
power ia the government OF them, depending up
on the exercise Of their sound discretion. That
discretion has hitherto been exercised in wisdom
and good faith and with an anxious security for
the rights and privileges of the Inhabitants as de-
clared in the Constitution OF tho United states.
Now then we quots from Ca tiers case, decided
in 1928, and recently recognized and adopted by
the Supl enc Court Of the United States as sound
law. In this case (l Peters 5i2) Chief Justice
Marshall delivers the opinion Of the Court and as
It is SO much in point, and was carefully decided
after elaborate argument by Daniel Webster and
other Constitutional lawyers, quote at some
length The Chief Justice says: "The Consti
tuition confers absolutely upon the government OF
The union the powers of making war and Of ma
king treaties consequently that government pos
sesses the power If acquiring territory, either BY
| conquest or by treaty On the I'd OF February
1919 Spain by treaty coded Florida to the United
.ot ~ g lup and "A
mits the inhabitants OF Florida to the enjoyment
of the privileges ghts and immunties OF the cit
,zens Of the Uniied States. 1t is Unnecessary 20
inquire whether this is not their coalition indie
ndent Of stipulation. They do not hoacecer, par
HeiDafe IN political po,oer Mcy do not share in The
government TILL FLORIDA SHALL BECOME 4 STATE.
In the mean time Florida continues to be a Terri
tory of the United States government by virtue OF
that clause in the Constitution which empowers
| Congress TO all neediul rules and regula-
tons respecting the territory and other property
| belonging to the United States Perhaps, contin-
| ued Chief Justice Marshal the power of governing
4 territory belong ng to the United states, which
! has not, by becoming State, acquired the means
Of sef.goverument, may result necessarily from the
facts th at it is not within the power and Jursdic
| ton of the United States. The right to govern
ma be the inevitable consequence Of the right to
acquire territory. Whichever be the source
whence the power is derived, the possession Of Is Is
uaqaestloned.
In the case Of the United States VS.. Maurice, 2
Brock IO9 and in Brighty's L. =. Dig, it was
| held that "the United States is government and
consequently body polite and corporate. capable
Of attaining the objects for ,ettch IL cas created, By
the means ,ctict necessary 10 its ottaiument.
| In I'd Opin., IL, quoted in Brightly's U.
| Dig,p To- it is said The Territorial Legislature
| cannot, without permission from Congress, pass
la s author ling the formation of Cons .tuti ons
and State governments. All measures comm enced
aud prosecuted wi it'll design 70 subvert the terri
| orial government and to establish and put in
| its place n new government ntth0m the consent OF
| Congress- are unlawful. All measures undertaken
nv the territories to establish State government
| must be prosecuted in peaceable manner. in sub
0 dination to the existing government and IN sub
seruiency the pocer 81 Congress to adopt, reject
or disregard them al their pleasure"
| Vattei in his admirable treatise the laws Of
nations in Ii. 2, CHI. 8, p. o4, Lays down the true
| doctrine He says" The sovereignty. united to
| domain establishes the Jurisdiction Of the nation
in its territories, the country which belongs to
it, 1t is it's province, that OF its sovereign, to
exercise Justice Ill places under its jarisdctio.
We wish to mention here what no lawyer will
| deny that the +" high seas" are the common prop
] erty of all nations which each and every nation
has n right in common with all others To occupy,
and that as the nitei States have jurisdiction ON
| the high seas that our laws would afford rene
| Nv for a wrong done there by any OF orr citizens
| This case forms very close parallel with the
| common territories. and reasoning from analogy,
would seem to form strong argument for Federal
power and the duty OF Federal protection in the
territories.
| Now then let US come to the late decision OF
the Supreme Court as to Congressional power
over the territories We refer 10 the Drcd Scott
decision, and we undertake to say that any law
yer who will read that opinion carefully and with
an h nest de sire ascertain wha. really is decided
cannot fail to be convinced that the whole ques
ton Of Congressional power, with its limita lions,
| is there decided.
The opinion substantially decides the following
points
lst. That the power of governing the territories
Of the United States during their territorial con
dition is vested solely in Congress.
Cd. That Congress has not tie power to confs-
cate propcity or exclude slavery from the terrific
ries.
3D.. That not having the power Of prohibition,
it cannot of delegate 1t to the territorial
Legislature.
sence of delegated power, has 30 inherent right to
exclude slavery.
In referring to a former decision (Canters case
of the Supreme Court, the Chief Justice in the
bred Scott says:
"Perhaps the pow Of governing Territory be-
long to the United States
Observe this language-
(Which has n t, BY BECOMING A STATE,
ACQUIRED tbs means Of .elf governnent'-
Taking it for granted that every man must at
once admit tina. it is only when it becomes State
that it has acquired the power Of elf-govern-
meat
"Perhaps the power Of governing n Territory
belonging a the United States, which has not, Ly
becoming a State, acquired the means Of self-gov-
eminent, may result, necessarily. from the fact
that it is not within the jurisdiction Of any partc