The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-08-13
TERRITORIAL SOVEREIGNTY
Editors Herald:

.
Federal. CONSTITUTION declares that:
"The Congress shall have power to
dispose of and make all needful
rules anC regulations respecting the
territory or other property belonging
to the United States"
Article X, of the Amendments to
that instrument declares that: The
powers not delegated to the United
States, are reserved to the States
themselves resi- ectively, or 10 the
people"
Now, let US critically and analyti-
cally examine those articles, and as
certain their true intent and mean
ing as designed by their illustriOus
authors-the fathers and trainers of
the American Constitution.
Let it here be observed that the
term territory" occurs in no other
article of the Constitution; nor is
the plural, territories. ever used. In
tact. there were 10 territories in
1877. ana very little territory belong
ing to the United States when the
Constitution was adopted, nor for
many years thereafter. The gen
eral government at that period had
acquired no large bodies of land.
The colonies had, by purchase or
treaty with the Indians. Virginia,
for instance. subsequently ceded to
the United States that Tart of what
was known as the Northwestern
Reserve" lying north of the Ohio
river.
Mr.. Jefferson afterwards pur-
chased from France the Louisiana
territory, an immense tract of coun-
try, extending from the Gulf of
Mexico to Lake Superior. Our ter
ritOrial domain OF to-day was un-
known, except TO hostile savages
and Il few foreign adventurers-the
latter remaining near our gulf sea-
board and the Canadian frontier.
There was no such thing ia exist
ance as political communities, or
bodies of white men on the public
lands of the United States until
long subsequent to the adoption OF
the Constitution. IA partiotin and
division of these lands into terri
tories. was long delayed by Cons
gress. and only kept pace with the
gradual advancement of the settle
ments, and tardy march of a from
tier civilization.
There is no ambiguity in the
phraseolOgy of the Constitutions
clause respecting the public terri
tory: nor by any just rules of con-
structiOn can Congress attach the
least political significance to it. In
plain and unmistakable terms it de-
clares in substance that, Congress
shall have power to control and
manage. by necessary legislation,
the real and personal property Of
the nation. 1t is clothed with
power. only to direct its legislative
action an rem, against the thing
itself, and nothing more.
The term territory" as used
above, can have no other signi6ca-
ton than public lands-realty; land
other property" means personal
property, for there Is no other be-
longing 10 the government 1t fol-
lows, tn refore, from the text that
1.-The Congress shall have power to
dispose Of in other words, the
management Of-sandL make all
needful rules ana regulations
| rules and, regulations respecting
| whom or what? respecting the
| territory or other properly belonging
to the United States" responds the
| Constitution. -.-D
| Nothing is expressed as to rules
| and regulations for the government
of the DeO5Jle of the territory; and
nothing of the kind was cUntem-
plated from the language employed
Every vestige of power conferred 10y
the Constitution upon Congress
touching the territories, is embraced
| ia the hall sentence above cited
and comprises less than two lines il
1.-THE original text.
| Where then does Congress derive
the power to legislate for the people
of the territories in their local anC
domestic affairs?
| To enact laws respecting the ter
lritOrles as public domain-as rea
| escate-making and defining boun
deries of Same-OrganiZing terrltOr
Iial governments through the agency
of the people thereof-creating lanC
and surveyors Offices there for the
. better protection of the govern
ment, as well as the settler from
fraud and imposition, is strictly
within the purview Of Congress
These are "needful rules and regu
lations" in the letter and spirit o.
| the Constitution; without which
| the government could neither dis
pose of, or the people acquire and
locate its public lands.
| 1t was for these and like purpose:
that Congress was given the
guardianship of the public domain
AS the people of the several State;
have an equal interest in the terri
tories Of the Union. it was hut NEE
and proper that this trust should 81
lodged with their representatives
who are but the agents of the peOpl'
of the respective stats Tney cai
exercise no authority in their legis
IIative capacity but those expressl,
conferred by the organic act; 70
this is q gOyernm Mt o. elImIte'
mowers. aud the functions of each de
partment are distinctly defined b,
, law. :;
Article K. of the Amendments
which is quoted above, WAS designe'
as check upon the aggressiv
Il Il =.