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

n ~
"The Congress shall have power tt
dispose of and make all needfu
rules anC regulations respecting the
territory or other property belonging
to the United States"
Article X, of the Amendments tC
that instrument declares that: The
powers not delegated to the United
States, are reserved TO the States
themselves respectively, or 20 the
people"
Now, let us critically and analyti-
cally examine those articles, and as
cert n 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 40 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 I'M
known. except TO hostile savages
and 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 COn=
gress, and only kept pace with the
gradual advancement of the settle
ments, and tardy march Of 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 1T 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 "and
other property" means personal
property, for there is no other be-
longing to the government. 1t fol-
lows, tn refore, from the text that
The Congress shall have power to
dispose Of in other words, the
management of-fand 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.
Nothing is expressed as to rules
and regulations for the government
of the people of the territory; and
nothing of the kind was cUntem-i
plated from the language employed
Every vestige of power conferred 10y
the Constitution upon Congress-
touching the territories, is embraced
in the hall sentence above cited,
and comprises less than two lines in
the original text.
Where then does Congress derive
the power to legiSlate for the people
Of the territories in their local and
domestic affairs?
To enact laws respecting the ter
ritorles as public domain-as real
es5ate-making and defining boun-
deries of Same-OrganiZing territOr-
ial governments through the agency
of the people thereOf-creating land
and surveyors offices there n, 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 s'needful rules and rPgu-
lations" in the letter and spirit of
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 purposes
that Congress was given the
guardianship of the public domain.
AS the people of the several States
have an equal interest in the terri
tories Of the Union, it was hut meet
and proper that this trust should be
lodged with their representatives,
who are but the agents of the people
of the respective ot4ts They eau
exercise no authority in their legis-
Iative CAPACITY but those expressly
by the organic act; for
this is a gOvernm Mt Of limited
mowers. aud the functions of each de-
partment are distinctly defined by
law.
Article K. of che Amendments,
which is quoted above, was designed
as a check upon the aggressive
pirit OF Congress. and as wise
safeouard against cen rail- M. 1t.