Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1840-06-30


Those checks are, that the laws which
they have the right to make shall not be
repugnant to the principles declared in
the ordinance Of 1897. Without this res
ervation, the Legislative authority of the
Territory has no limit. The power 10
make laws is the power in all States TO
prescribe rules of government, which take
effect of course at the will of the power
prescribing them. Law is rule OF con-
duct prescribed by a superior, and the acts
Of the Legislature cannot be called ldacs
unless they have force and command the
obedience Of our citizens. The Constitu-
ton of the United States provides that bills
shall be approved by the President of the
United States or be passed on his refusal
to sign them by two-thirds of each branch
of Congress, before they become Iaacs. in
the very words Of the constitution, an "a
mendment Of our organic law provides that
the Governor shall approve bills or they
shall be passed on his refusal to sign them
by two-thirds Of each branch Of the Leg
isarive Assembly, efore they become lascs.
1t is very clear, then, that the Legisa-
ture Of the Territory is possessed of the
ordinary powers Of such Il body-that its
action is uncontrolled over all rightful sub
jcc,s of legislation and that its acts are
la1cs, when passed in the mode pointed out
in the act creating it.
We have seen by what power laws are
enacted for the government of our citizens,
and the next inquiry is as TO the mode OF
repeat. The grant Of Legislative power
necessarily conlers the powerof repeating
all previous actions had upon any subject
within the authority Of the Legislature. 1t
has the right at any time to alter or vary,
Of course, any Legislative provision ema-
mating from itself. But totrace the histo-
ry of our legislation the laws published
by the Governor and Judges, under the
ordinance Of 1887, were declared to be in
force unless disapprored by Congress.
No provision was made for any supervise
ny or repeating power, except as above
noted. On the 9Th May, 1892, an act of
Congress declared that the Governor and
Judges shall be authorized to repeal the
laws by them made, &c. Michigan was
constituted a Territory in 1905, and was
declared to be under the form of govern
ment prescribed in the ordinance, the
whole Legislative power at that time being
exercised by the Governor and Judges
By the act Of 1923, Legislative Council
was established in lieu Of the Assembly
provided in The ordinance; and no act pas
sed by the Legislative Assembly shall be
"vaiid after the same shall have been
diSapproUed by Congress-" The organic
law OF Wisconsin provides that the legis-
lative power a" Shall extend to all rightlu
subjects of lcgislutiou,' which must Of
necessity not only Of making but repeating
laws. 1t further says that all laws shall
be submitted TO Congress and if diSmoUed
the same shall be null and Of no Effect
From this hasty reference to the several
provisions Of the ordinance and acts of
Congress, there can be no doubt that the
power Of repeal rests not only in the Leg
islaive Assembly but in Congress-
We come now TO the inquiry contained
in your letter of the 2n1 inst, whether
the laws have force until they are Snbmit-
ted to Congress ?" and after careful ex-
animation Of the powers of the Legislature
and Congress, as defined in the several
acts herein before referred TO, this inquiry
seems to be entirely superfluous. The or
dinance provides that the Governor and
Judges "shall adopt such laws, Sc, as
may be necessary and best suited 10 the
circumstances of the district, and report
them 10 Congress, from time TO time, &C.,
and such laws shall be in force unless dis
approved by Congress-" &c. The act of
1886 says, "lhe laws shall be submitted 10
Congress, and if disapproved," &c. 1t
further says, the Secretary shall record
and preserre all laws passed by the Leg
isIative Assembly," &c. And further.
that he shall "transmH one copy to the
President of the United States and. two
copies to the Speaker Of the House OF
Representatives, for the use of Congress"
&c. But these ordinances and laws do not
say that these things shall be done before
such la,os shall take effect
The power of the Governor and Judges
to adopt laws and the effect of laws by
them adopted, has undergone judicial in
vestigation. In the Bank Of Michigan Us.
Williams, 5 Wendell, 47s, the supreme
court Of New York say, "The fact that
Congress has not disapproued the act,
must, in the shape in which the question
now arises, be deemed conchssire evidence
that it is suited to the circumstances of the
district, and ought also to be considered
prima tacie evidence that it was adopted
by competent authority" Though the
ordinance provided that the laws should be
reported TO Congress, yet the court 10 that
case did not discover that any further re-
quisite of the ordinance than the mere
adoption by the Governor and Judges was
necessary tn Give tho lavr oGoot -. -,