The Just Supremacy of Congress Over the Territories

A. Williams, 1859 - 44 páginas
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Página 17 - States by this treaty shall be incorporated in the Union of the United States, as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of the privileges, rights, and immunities of the citizens of the United States.
Página 17 - Perhaps the power of governing a territory belonging to the United States which has not, by becoming a State, acquired the means of self-government, may result necessarily from the fact that it is not within the jurisdiction of any particular State, and is within the power and jurisdiction of the United States. The right to govern may be the inevitable consequence of the right to acquire territory.
Página 16 - The territory had been ceded as a conquest, and was to be preserved and governed as such until the sovereignty to which it had passed had legislated for it. That sovereignty was the United States, under the Constitution, by which power had been given to Congress to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States...
Página 40 - My opinion in this case is not affected by the plea to the jurisdiction, and I shall not discuss the questions it suggests. The claim of the plaintiff to freedom depends upon the effect to be given to his absence from Missouri, in company with his master, in Illinois and Minnesota, and this effect is to be ascertained by a reference to the laws of Missouri.
Página 11 - BE it ordained, by the United States, in Congress assembled, that the said Territory, for the purposes of temporary government, be one district ; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.
Página 12 - Accordingly we find Congress possessing and exercising the absolute and undisputed power of governing and legislating for the territory of Orleans.
Página 26 - The powers over person and property of which we speak are not only not granted to Congress, but are in express terms denied, and they are forbidden to exercise them. And this prohibition is not confined to the States, but the words are general, and extend to the whole territory over which the Constitution gives it power to legislate, including those portions of it remaining under Territorial Government, as well as that covered by States.
Página 11 - The power of governing and of legislating for a territory is the inevitable consequence of the right to acquire and to hold territory.
Página 12 - In legislating for them, Congress exercises the combined powers of the general, and of a state government.
Página 17 - In the mean time, Florida continues to be a territory of the United States, governed by virtue of that clause of the constitution which empowers Congress " to make all needful rules and regulations respecting the territory, or other property belonging to the United States.

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