Nor am I aware that it has ever been questioned that laws providing
for the temporary government of the settlers on the public lands are
needful, not only to prepare them for admission to the Union as
States, but even to enable the United States to dispose of the lands.
Without government and social order, there can be no property; for
without law, its ownership, its use, and the power of disposing of it,
cease to exist, in the sense in which those words are used and
understood in all civilized States.
Since, then, this power was manifestly conferred to enable the United
States to dispose of its public lands to settlers, and to admit them
into the Union as States, when in the judgment of Congress they should
be fitted therefor, since these were the needs provided for, since it
is confessed that Government is indispensable to provide for those
needs, and the power is, to make _all needful_ rules and regulations
respecting the territory, I cannot doubt that this is a power to
govern the inhabitants of the territory, by such laws as Congress
deems needful, until they obtain admission as States.
Whether they should be thus governed solely by laws enacted by
Congress, or partly by laws enacted by legislative power conferred by
Congress, is one of those questions which depend on the judgment of
Congress--a question which of these is needful.
But it is insisted, that whatever other powers Congress may have
respecting the territory of the United States, the subject of negro
slavery forms an exception.
The Constitution declares that Congress shall have power to make
"_all_ needful rules and regulations" respecting the territory
belonging to the United States.
The assertion is, though the Constitution says all, it does not mean
all--though it says all, without qualification, it means all except
such as allow or prohibit slavery. It cannot be doubted that it is
incumbent on those who would thus introduce an exception not found in
the language of the instrument, to exhibit some solid and satisfactory
reason, drawn from the subject-matter or the purposes and objects of
the clause, the context, or from other provisions of the Constitution,
showing that the words employed in this clause are not to be
understood according to their clear, plain, and natural signification.
The subject-matter is the territory of the United States out of the
limits of every State, and consequently under the exclusive power of
the people of
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