Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-06-14
(Ooncludedl

akGta.
(Concluded)
Having thus divided the powers of
government into the three appropriate
departments, with which they had always
been familiar, they proceeded to confer
upon the Federal government sub.
stantlally the same powers which they
as colonies had been wiling to concede
to the British government, and to reserve
to the states and to the people the same
rights and privileges which they as COL
onies had denied to the British govern
ment during the entire struggle which
terminated in our independence, and
which they had claimed for themselves
and their posterity as the blrthright OF
all free men, inaliepable when organized
into political communities, and to be
enjoyed and exercised by colonies, terri
tories and provinces as fully and COM
pletely as by sovereign states. Thus 1t
will be seen that there is no organic
feature or fundamental principle en-
bodied In the constitution of the United
States which had not been familiar to
the people of the colonies from the
period of their earliest settlement, and
which had not been repeatedly asserted
by them when denied by Great Britain
during the whole period of their colonial
history.
Let us pause at this point for a
moment and inquire whether it be jlst
to those illustrious patriots and sages
who formed the constitution of the
United States to assume that they
intended to confer upon congress that
unlimited and arbitrary power over the
people OF the American territories which
they had resisted with their blood when
claimed by the British parliament over
British colonies in America.
Did they confer upon congress- the
right to bind the people of the American
territories in all cases whatsoever, after
having fought the battles of the revolu-
tion against preamble declaring the
right of parliament rto bind the colonies
In all cases whatsoever
If, as they contended before the
revolution, 1t was the blrthright of all
Englishmep, inalienabe when formed
into political communities, to exercise
exclusive powers of legislation in their
local legislatures IN respect to all things
affecting their internal polity-slavery
not excepted-did not the same right
after the revolution, and by virtue of it,
become the brthright Of all Americans,
in like manner inaHenable when
organized into political communities, no
matter by what name, whether colonies,
territories, provinces, or new states?
Names often eceivepersons in respect
to the nature and substance of things.
A signal instance OF this kind is to be
found in that clause of the constitution
which says:
Congress shall have power to dispose
OF, and make all needful rules and regu-
lationE respecting, the territory or other
property belonging to the United
States.'
This being the only clause of the
constitution in which the word "terri-
tory" appears, that fact alone has doubt
less led many persons to suppose that
the right OF congress to establish a
temporary government for territories, IN
the sense in which the word is now used
must be derived from it, overlooking the
important and controlling facts that at
the time the constitution was formed
the word "territory' had never been
used or understood to designate 8
u political community or government oil
any law, compact, deed of cession, or
public document; but had invariably
been used either in its geographical
sense to describe the superficial area oil
state or district of country, as in
the Virginia deed of cession of the 'tterri
tory or tract of country" northwest oil
| the river Ohio, or as meaning land in its
character of property, in which latter
sense it appears in the clause of the
constitution referred to, when provid
ing for the disposition of the "terri
tory or other property belonging
to the United States"
These facts, taken in connection witt
| the kindred one that during the whole
period OF the confederation and the for
nation of the constitution, the temper
ary governments which we now cal
'territorles" were invariably referred Il
II In the deeds OF cehsion, laws, compacta
lIplsns of government, resolutions of con
gress, public records, and authentic
documents as "states." or "new states,
conciusively shows that the word
TERRITORY and other property in tn
constitution were used to designate tn
unappropriated lands and othe
property which the United States own
ed. and not the people who might be
come residents of the lands and be or
ganizsd into political communities afte
the United States had parted with thei
title.
/ 1t is from this clause of the constitu
tion alone that congress derives tn