Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-08-23

the Government for the redress Of griev-
snces; nor deny the people the right to
keep and bear arms, mol the right to
trial by jury nor exercise any other
powers, which, because prohibited by the
Constitution, they could not exercise
over the people Of the States. And the
Court said: 1.-THE powers over persons
and property Of which we speak are not
only not granted 10 Congress, but are in
express terms denied, and they are for
hidden to exercise them. ind this pro-
hiJition Is not confined to the States,
but the words are general, and extend to
the whole Territory over which the Con-
stitutiOn gives it power to legislste, in
GLIDING those portions of it remaining
under Territorial Governments, SIS well
as that covered by States. IT Is TOTAL
ABSENCE OF POWER EVERYWHERE
WITHIN THE DOMINION OF THE UNITED
STATES
Two of the Judges, MCLEAN OF Ohio,
and CURTIS OF Massachusetts, dissented
from the decision OF the Court. But, in
respect to the power OF Congress to legis-
late for the Territories, Mr.. Justice
MCLEAN said "TheTe is no power in
the Constitution, by which Congress can
make either white or black men slaves.
In organizing the Government OF 8 Ter
ritory, Congress is limited to means
appropriate to the attainment of the
constitutional object. No poUsrS a be
exercised which are prohibited By the
Constitution, OR WHICH ARE CONTRARY
TO ITS SPIRIT; so that, whether the
object may be the protection Of persons
and property Of purchasers of the public
lands, or Of communities WhO hare been
GisHered to the Cai0a BY CONQUEST or
purchase, they are initistory to the estsb-
Iishment Of State Governments, and no
more power can be claimed or exercised,
than is necessary to the attainment Of
the end. This is the limitation Of ALL the
Federal poWers.
THE sovereignty Of the Federal Gov
eminent extends TO the entire limits of
our territory. If there be q right to
acquire territory, there necessarily must
be an implied power to govern it. Wien
the military force Of the Union shall con
guer a country, mGyRo Congress provide
for the government Of such cOIHqtry3 .
In such cases no implication Of a pOJVsr
can arise, WHICH Is TNHIBTIED BY THE
CONSTITUTION, or wh.cH may Be against
the theory Of its construction. The
Constitution was formed for our whole
country
And Mr.. Justice CURTIS, after arguing
that Congress had the power to enact
laws for the government Of persons and
the protection Of property in territory,
acquired either by conquest or purchase
after the adoption Of the Constitution,
said. Whist are the limits Of that
power? IN common With GUthe other
Legislative p0lrers Of Congress, IT FINDS
LIMITS IN THE EXPRESS PROHIBITIONS
ON CONGRESS NOT To DO CERTAIN
THINGS in the exercise Of the legisla.
tive power, Congress cannot pass an ct
post factO law or bill Of atUainder; AND
so IN RESPECT To EACH or THE OTHER
PROHIBITIONS CONTAINED IN THE Con-
sTITUTION. It is necessarily COM
mittsd to the discretion Of Congress to
enact such laws for that purpose IS that
discretion may dictate and no limit to
that discretion has been shown or even
suggested, savsh those positive prohibitions
to JegiSlats, which are found in the Con-
stitution.
Thus the whole Court agreed, and the
Republican Judges in terms equally
strong aud unqualified as those used by
the Others, that Congress can exercise 10
other powers Of legislation over q con-
quered country, than such are in con-
fOrmity to the Constitution, the exercise
Of which is not prohibited by it, and
such as accord with its spirit.
The President is sworn to the best Of
his ability to pressrUe, protect and de-
6end the Constitution, Of which the Su-
pTeme Court is the Interpreter in the last
resort. This oath is prescribed, in its
very words. In him the Executive
power " is vested He is the Command
er.in-Chief Of the Army and Navy of the
United States, and Of the militia, when
it is called into actual service; and it is
his duty to see the laws faithfully execu-
ted. He receives the National EXecu-
tive power in its entirety, from the Con-
stitutiOn, and no part Of it whatever by
grant from Congress. The advice and
consent Of the Senate is made necessary
to his appointments for Office; and those
made by him in the recess Of the Senate
expire at the end Of its next session, II
not consented to by it. Congress may
vest the appointment "Of such inferior
officers a. they think proper in the Pres
ident alone, the Courts Of law, or the
Heads of Departments; but they cannot
deprive him OF the power OF appointing
the higher officers of the Government,
among whom Ambassadors, other public
Ministers and C~Onsuls, and Judges are
mentioned. Nothing is said as to the
appointment Of Heads Of Departments,
or as to his power Of removing officers
appointed by him.
1t was not intended that his Secreta-
ries should be independent Of him, OF
have wills contrary to hls, or form a
Council to share the responsibilities Of
his office. On the contrary, Mr.. HAN.
MToN, in what is now Nc. Xxx OF the
Federsiist, defending the Unity of the
EXecuti We, a. established by the Constitu-
ton, showed that that unity would
be destroyed, If he were I" subject, 10
whole or in part, to the control and CO.
I operation OF others, in the capacity Of
! Counsellors" He said, An artful
cabal in that Council would be able to
distract and to enervste the whole sys-
EN- Of administration. II no such oabal
should exist, the mere diversity Of views
and opinions would alone be sufficient
to uncture the exercise Of the EKecu-
tive authority with a spirit Of habitual
f~eebleness and dilatoriness."
And, speaking more particularly Of q
plurality of persons composing the Ex-
e%cutive, he said
"Men often oppose q thing, because
they have had no agency ia planning il,
or because 1t may have been planned by
those whom they dislike. But il they
have been consulted, aud have happened
10 d~isapprove, opposition then becomes,
in their estimation, sn Indispensable
duty Of self-lOve. They seem to think
themselves bound ia honour, and by all
the motives Of personal infalIibility, to
defeat the success Of what has been re-
solved upon, contrary 10 their senti-
ments. Men Of upright and benevolent
tempers have too mEDy opportunities Of
remarking, with horror, TO what desper-
ate lengths this disposition is sometimes
carried, and how often the great interests
Of society srs sacrificed, TO the vanity, to
the c%Onceit, aud 10 the obstinacy Of indi-
viduals, who have credit enough to make
their passions and their cspriaes interest
esting to mankind. Perhaps" fhe
pr0phetically saidL "6e question noag
before the public mag, ia its consequences,
afford melancholy proofs Of the effects Of
this despicabte Jratttg or rather detestabie
vice IN The human character"
We who have seen the attempt made