The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1860-10-19

The following provision IS the only one IN
the Constitution which has been chiefly, If not
exclusively relied upon TO sustain the position
that Congress has any power whatsoever to
legIsiate over the territories viz
"The Congress shall have power to dispose
OF and make all needful rules and regulations
respecting the Territory or other property be-
longing to the United States''
The word "Territory'' used in thus provision
obviously means land and nothing else. The
Uhted States, at the time when the Consitu-
tion was adopted, owned an immense amount
OF land north .of the Ohio River, and these
lands Congress was authorized TO "Gispose Of"
That The word ''Terrltory" means property is
conclusively shown by its connection with the
words 'and other property" ':Terrilory and
other property" The territory spoken OF,
therefore, is property in lands.
"Rues and regulations are grade of legisIa-
ton somewhat below the dignity of laws bat
admitting them in this case to have the same
effect, Oh what are they to operate Simply
on the property of the United States, not on
any other property, nor on persons, except so
far as they may be connected with the public
property. To thus extent, and no further
is The power OF Congress to legiSate over a
Territory granted to Congress, and whenever
all the lands and property are disposed Of, lhe
"rules and regulations" become obsolete, and
the power Of legislation granted in this clause,
is thenceiorth in abeyance.
Moreover, this grant of power extends as
well to property within a State as within a
territory. In a State the general power OF
legislation is in the State Legislature yet the
power OF Congress TO make s'ruieS and regula-
tions" respecting the public property, is the
same in State as 10 i Territory. The scope
of the grant can, Of course, be no greater in the
Territory than IN a State, and it necessarily
follows that this clause of the Constitution con-
ters on Congress no general power of legisla-
ton, either within States or Territories.
1t is not satisfactory reply 10 this argument
to say that such power has, to some extent
been exercised. Is il better to acqulesce in
and extend the usurpation than TO put a stop to
1t, as in the case of the United States Bank, by
bringing the Government back 10 the conStiu-
tional test Which is safest for the South, the
constitutional principle that Congress shall not
iegislate for the Territories at all, or the adop-
ton OF principle unknown 10 the Constitution,
which, in its general application, would not
only defeat the object it is advanced 10 pro-
mote, bot would enable the Free States naiori-
ty TO surround the Slavehoding Stats and
encrcle the Union with an empire outside
the organized States, over which that Rsioritv
should exercise the power OF unlimited aud
exclusive legislation If such an icea BE-
chimerica, the apprehension is not chlmeriCa
that the Black Republicans, should they &C.
qure the control of all branches of the Govern
ment, will use the claim now set up tor Con
| gressona legislation over one species of pro-
perty in the territories, as an apology for assum,
| ing the power OF general legislation involving
| the power to destroy as we'll as to protect
The Constitution of the United States wa:
| not made for Territories but for States, as il.
nare implies. 1t has, by strict rules OF con.
! struCtion, nothing to do with the Terrilorie,
outside OF the States united, beyond the protec-
| ton and disposition of the common property
therein. 1t seems 10 contemplate lha. tht
Territories shall be left to themselves until the,
have population adequate 10 the formation
! of respectable community, when their IN
dependence should be acknowledged and thei
admission into the Union granted on the sol!
condition that they adopt Republican Govern
Haent
! But If there be doubt as to the power o
| Congress to IegiSldte for the Territories, is
| Eot safer, and far more consistent with Demo.
cratic principles to deny the power than t.
! as sumo il Some of the original States wher
admitted in to the Union, had not the popula
ton OF a third-rate city of the present day, ant
| no harm would be likely to arise by leaving tn
| Territories to themselves until they double tn
! population of Delaware or Rhode Island il
| 1889. But would it not be incomparably bet
! ter TO admit them into the Union as States, witt
a mt lch less population than to leave them +
| be bone of contention among demagogues ant
disurlionists. disturbing every essential interes
OF tn country and jeopardizing the union c
the existing States
! lie us briefly consider the practical work
! ings of tie remedy for Southern wrongs, whic
| you lggest, in case Black Republican is cleo
| ted to the Presidency. You ask, sis it wise,
we do not intend to submit to such consequen
ces, 10 allow Black Republican President t
be inaugurated, &c, aud you say, ''ii the Sout
! should think upon this subject as do, no Bac
| Repub! lean President should ever execute an
| law wit hin her borders unless at the point
! the bayDrpt and over the dead bodies of be
slaiE soIlS."
! | kno " there are men in the South VII
would sacrifice their lives and endanger th
commun tiles IN which they live, upon PolI
OF honor, and that such men often fire up wit
unwontei 6erceness if reminded OF the prof.
able cons equences ofthe own raSi1ness. b.
the time las come when consequences should
! looked in the face, not for purposes OF de6anc
! but that we may consider whether the PoliC
which W ould lead TO them is required
Southern interests or honor.
How do they propose to prevent the il
auguratioIl OF Black Republican Preside
should such an one be unfortunately electec
Will You come TO this city with an armed iorc
an attenpt TO prevent an Inauguration by vi
:. -. n. -. -.,.,.,I - A., !