Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-07-21

| con.in there was; and The conditions and restric
! tons OF the ordinance OF 1857 were recognized
But il was done in general and ambiguous phfa.
seolosy, which caused it to pass unnoticed. Il
was not attempted in The case OF Iowa; on the
contrary, the precedent in the case Of Wisconsin
was abandoned and return made to The iormel
practice OF The Governments nor IN the bill Of The
session of 1915, relative to the Oregon Territory
until The sixth article OF the ordinance of 1887 wa:
| ingrafed on it, upon the motion OF The preseu
Speaker, Mr. Winthrop.] On The contrary, ID
most Of these acts, which were reported from
committees composed OF majority OF members
from non slaveholdns SAFES, all legislative pow
er, except such as relates 10 The disposal OF The
public lands, is recognized as existing 10 the Ter.
ri,orial legislatures This is most clearly done
in The case OF Iowa, the provision in reference 10
which / shall have occasion 10 quote in another
connection. II strue, in most oflhese acts, there
is secured The inhabitants of the Territories all
"lhe rights, privileges and immunities," granted
and secured by The ordinance Of 1857; and Ihave
heard il commended that this recognized The article
prohibiting slavery. Butt! is very clear thai this
is an erroneous view. The words here used are
taken from the Constitution Of The United States,
where they have technical and ascertained
meaning. In The language Of Judge Chase, in
The case OF Morris Us Campbell, privilege and
immunity are synonymous, or nearly 50. Pri.
vilege signifies peculiar advantage exemption.
immunity; immunity signifies exemrtion, prvi
lese" And in The language OF MIR. Justice
Washington, in the case OF Corfed aud Coryell,
The "rights, privileges and immunilies which are
I'd, signed 10 be secured by the Constitution, and
also by the case in question, are The fundamen-
'ai rights and privileges" such as the right OF
Trial by jury, of habeas corpus OF religious ilee-
dom, 10 acquire and possess property, and many
other of The same class, which are provided Tor in
the ordnance.
And from the act relative TO Wisconsin itself,
it is evident that its trainers did not understand
the words in question as referring 10 the article
of the ordinance relative to slavery; for in the
very same section, after declaring THAT the in
habitants of said Territory shall be entitled to
all the rights, privileges and advantages Sc
cured BY the ordinance. il is added, "and shall
be subject to all The conditions and restrictions
and prohibitions in said ar icles Of comp Ct J;
which words were unnecessary, if the construc-
ton gentlemen contend for is correct.
But il has been asked, why do most Of these
laws organizing Territorial Governments, re-
quire that the laws passed by the Territorial
Legislature shall be submitted to Congress. aud
declare that they shall be null fdisapproyedl and
also, if this does not look like resersing the
power of egslationl On the contrary, these
provisions but reserve a sort of Congressional
veto, which enacts nothing, does nothing athr.
matively, but puts il in the power Of Congress
to arrest legislation, and leave things as they
were. The object is evident. 1t is to enable
Congress to arrest Territorial legislation rela.
tive 10 the public lands, the exclusive right OF
legislation in reference to which is reserved 10
Congress, and in violation of fundamental prin-
ciplcs And it is believed that there is no in
stance where Congress has interposed, except in
cases where the Territorial Legislatures have
attempted to pass laws affecting the public lands,
or violating some fundamental principle. The
section of the Iowa Territorial Constitution
shows very clearly the object of the reserya-
ton. 1t is liz these words:
"SEcrIos 6. and be il further enacted. That
the legislative power Of the Territory shall ex-
tend to all righlfu subjects Of legislation; but
no law shall be passed interfering with the pri.
mary disposal Of the soil; no tax shall be i'm
posed upon the property of the United States;
nor shall the lands or other property Of non.
residents be taxed higher than the lands or other
property of residents All the laws Of the Cover
nor and Legislative Assembly shall be submitted
TO, aud if disapprored BY the Congress Of the Uni
ted States, the same shall be null, and Of no ef'
feet"
Il will be observed that the sanction Of Con
gross is not required before q law goes into ef
feet; but it requires the disapproyal of Congress
it requires affirmative action 10 arrest il. And
here, again, these Territorial Constitutions are
somewhat analogous 10 our colonial Charters
The chief difference is this, which was very
great-if the King withheld his assent TO an act,
it never became operative; but here Congress
must do more, and afirmalively disapprove it.
And although the power thus reserved TO the
King was much greater than the power reserved
TO Congress, il was not considered as par,aking
Of legislative attribute; for, although the colo
ni>ts complained Of the tyrannical exercise Of
this power, they mover questioned its legality,
but they went 10 war to resist the claim Of Par,
Lament TO legslate for them in reference 10
their domestic affairs.
| come now Mr.. Chairman, 10 The Missouri
am free 10 admit, in that there
was an attempt on the part OF Congress 10 adopt
fundamental legislation Tor the territories. But
il must be burne in mind, that the slIic, con.
structonisls never admilled the right OF Congress
10 do So o. the contrary, The South voted
against The Missouri compromise. That COM
promise, as il is improperly called, was forced
upon US by The North. And il has been acqui
escei in by the South, rather in consequence Of
The circumstances in which il orisnaed, and as
a means of preventing the agitation OF an eIci-
ing and Irritating subject, than because OF any
validity in The thing Itself rs obligation is rather
moral rather than legal, and we have acquesced
in il as such heretofore, and are willing 10 do so
hereafter.
But, gentlemen say il you are willing 10 abide
by The Missouri compromise, why object 10 The
Oregon bill The whole OF Oregon is North Of
lha; line. We reply, if you choose 10 rest upon
the Missouri compromise, we have no objection.
II that applies 10 the subject, This provision is IN
necessary; and, therefore, in insisting upon its re-
ienton in The bill, you, n effect, repudiatc that
compromise.
maintain, further, That il The power of lesis
laling Tor the people oil the Territories resides in
Congress, every territorial government we have
organized has been done in violation OF the Con-
slulion Of the United States. All the powers nt
The General Government are delegated; and no
proposition is clearer than that legislative body
cannot delegate lis delegated powe's. "Dettga
tus non delegare." lpresume there can b. no
doubt about this But, in addition 10 il, The Con-
siiusion declares, as we have seen, that "all le
'sislaliyc powers herein granted shall be vested
in Congress oil The Uailed States, which shall
consist of Senate and House OF Representa-
lives" II surely will not be maintained that
we can transfer any portion OF these legislative
powers 10 any other persons; and yet in every
territorial government we have an horiz-d, pro
vision has been introduced comforting upon The Ter
ritotal legislatures The fullest legislative powers.
Besides, il the powers OF The territorial govern
ments cmanaie from Congress, then all their eff
GERS are United States officers, and, under the
Constitution, can only be appointed by the Presi.
dent.
The Constitution declares lha, DALI officers Of
The United States" with f:w EXCEPTIONS with.
10 which these territorial officers d, not come
"shal be appointed b. The President, by and with
the advice Of the Senate, and commissioned by
him." Yet mos, Of the territorial Charters We
have granted provide that The governor shall
have power 10 appoint and commission all Of
'icers civil and otlhe militia" So much torthe
practice OF The country in establishing territorial
governments
desire now 10 call The attention Of The com.
nitee 10 a decision oil this whole question, which
L.