History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
When the Bill, thus amended, came back to the Senate, that body, March
20, summarily disagreed with all the changes made by the House except
the limitation of time, which the Senate further reduced to one year.
This change reconciled the House, not very cheerfully, to recede, and
March 23 the Bill, as it passed the Senate, became law by a vote of
fifty-one to forty-five. With the passage of this Act and its twin
statute for collecting duties in the ceded territory, the precedent was
complete. Louisiana received a government in which its people, who had
been solemnly promised all the rights of American citizens, were set
apart, not as citizens, but as subjects lower in the political scale
than the meanest tribes of Indians, whose right to self-government was
never questioned.
By these measures the Executive and the Legislature recorded their
decision in regard to the powers of government over national territory.
The Judiciary was not then consulted; but twenty-five years afterward,
in the year 1828, Chief-Justice Marshall was in his turn required
to give an opinion, and he added the final authority of the Supreme
Court to the precedent. With characteristic wisdom he claimed for the
government both the constitutional and the extra-constitutional powers
in question. The case concerned the rights of inhabitants of Florida,
who he said--
“Do not participate in political power; they do not share in
the government till Florida shall become a State. In the mean
time Florida continues to be a territory of the United States,
governed by virtue of that clause in the Constitution which
empowers Congress ‘to make all needful rules and regulations
respecting the territory or other property belonging to the
United States.’ 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.
Whichever may be the source whence the power is derived, the
possession of it is unquestioned.”[85]
Public-domain text, read in full here on John Shaqi.
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