Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1854-12-26
THURSDAY, DEC. 2I, 1854.
ca This being Thanksgiving day, We will COM
ply with the time-honored custom, and issue no
paper tomorrow.

paper tomorrow.
POWERS OF CONGRESS In THE TERRITORIES
We propose in continuation of our article yes
terday to state some further points having bear
ing upon the power of Territory to legislate
upon the subject of slavery. An erroneous i'm
preston has prevailed in the minds of some upor
this subject, from the fact that the legislature Of
this Territory, as well as some others, has legis
lated upon subjects not constitutionally within
their province, without incurring the direct cen.
sure of Congress; this arises, however, from the
facts that such acts have never been brought to
the notice of Congress or the Supreme Court -fol
for in every case where such infringement has been
plead either before Congress or the Courts the
decision has been against the validity of the
Territorial law.
The Constitution, Article, 2, Sec. 8 says;
"The Congress shall have power
To regulate commerce with foreign nations,
and among the several States and with the In
dian tribes
"To coin money, regulate the value thereof,
and of foreign coin and fix the standards of
weights and measures.
"To establish post Offices and post roads.
"To establish an uniform rule of Naturaliza-
tion, and uniform laws on the subject of bank
rnptcies throughout the U. S.
"To provide and maintain navy"
And again Article 4, Sec. 8.
"The Congress shall have power to dispose of,
and make all needful rules and regulations re-
specting the Territory or other property belong
ing to the U. s."
These and many other powers are delegated to
Congress, and are all equally binding upon them.
In our article of Monday we said that Kansas had
not the right to legislate upon the subject of
not give her that right we now re-assert the same
doctrine in its broadest sense and would ask the
Democrat if Congress can confer upon State or
Territory the right to coin money; create and
support navy; pass naturalization laws or in
short re-delegate any of its specifically dele
gated powers to the States or Territories. To
the astute and logical brain of the man who dis
covered " obsolete and almost forgotten, clause
in our Organic Act, which was passed .fvc years
ago last March, such conclusion may appear
perfectly proper, for he need only say that all
such portions of the Constitution of the United
States are " obsolete and almost forgotten" and
his case is made out beyond cavil.
Still there would be a conflict of authority, for
while the editor eff the Democrat, with his giant
intellect, his ponderous logic, and unfathomable
legal research, would valiantly defend the posi-
brought against his opinion are entitled to some
consideration. These authorities arc MIR. Justice
Story, Chancellor Kent and the Supreme Court
of the United States. Now in a contest on le-
gal point between such giant minds we must con-
fess that we consider Marshall, Kent. Story, Nc
Lean, fancy and Woodbury. little better au-
thority than the learned editor Of the Democrat,
even though the latter may bring to his aid the
legal abilities of the United States
District Attorney for Minnesota. 'Tis true that
none of these men were ever able to discover an
Can obsolete and almost forgotten" clause in the
Constitution, still they were men of respectable
legal attainments.
Justice Story in his commentaries says:
sThe power of Congress over the Territories
is clearly exclusive and universal and their le-
gisation is subject to no control but is absolute
and unlimited unless so far as is effected by stpu-
lations in the cessions by the ordinance of 1857
under which any part of it has been settled
Story's CON-, p. 479, sec. 66s.
Chancellor Kent says &c Uuder that clause of
the Constitution (thc same quoted by us) Con-
gress might reduce the Territories to state of
dcspotism."
The question now is can Congress delegate its
absolote power to the Legislature of q Territory?
The Supreme Court has repeatedly taken the
ground that in the discharge of its specially del
egated powers Congress acts as the agent of the
that it is bound to exhaust these
powers it cannot delegate them to any le-
gisature, as such an act would be the creation of
an agency Of an agency, and consequently void.
Congress can only confer general legislative
powers subject to the laus and Constitution of the
United States. Now the Courts have decided that
the laws and Constitution recognize slavery in the
Territories, and consequently the Legislature Of
Kansas cannot prohibit it.
The trouble with the editor of the Democrat
seems to be that he has derived his legal lore
from the Minnesota Statutes instead of the " OBJ
solete and almost forgotten" Constitution of the
United States, or the commentaries of such OBJ
scurc authors as we have quoted. Seeing that
the Legislature of Minnesota had repealed, alter
States, he readily fell into the error of supposing
that all Territorial Legislatures have the inherent
right to pass any law they may dosire without re-
gard to the "obsolete and almost forgotten"
laws and Constitution of the United States.
CO Do not forget the supper tonight at the
Baldwin Institute and after you have went and
contributed literally to the good cause do not let
the recollection of that good deed keep you away
from the City Hall, Tomorrow evening, where
collation. will be spread by the ladies of the Bap-
tist Church, for an equally meritorious object.
CO Hon. Reuben Haus, has returned home
from a visit to Pennsylvania.
CO Yesterday was beautiful day, warm and
few such would spoil the sleighing.