Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1855-08-10

vi tlI EtOuhu tltut u NDlldtltu su1h
provisions contrary to the principle
of popular sovereignty. Nevcrthc-
less the bill passed, and now the then
advocates of ii deny that such prov
lsions are contained therein. | be-
lieve Congress had the power con-
stitulonally thus to provide for the
organization of the Territory. | be-
lieye this Territory could be organiz-
ed in no other way except by an ex-
press act OF Congress. believe
such organizing acts, when within the
constitution, binding upon the peo-
pie of the Territories settled under
them. Judge Marshall says The
RICH, TO govern may be the ineviIa-
bic consequence OF the right to ac-
quire territory Mr.. Justice Nc
Klnley says g Howard 2l2) Eve
~ constitutional act of Congress is
passed by the will of the people of
the United States expressed through
their representatives on the subject
matter of the enactment; and when
so passed il becomes the supreme
law of the land and operates by its
own force on the subject mnller in
whatever State or Territory it may
happen to be- Judge Tanney says:
90 Howard S2) 'rhc constitution
was in the language Of the ordinance
adopted 10y common consent, and
the people of the territories must nc
cessaTily be regarded as parties to it,
and be bound by it, and be entitled
TO its benefits as well as the people
of The then existing Slates.--lt
becomes the supreme law of the
land throughout the United States
Hence the organic act, passed by
Congress, the supreme power Of the
land, is Of binding force upon the
people Of this Territory. Where
else can we look for our power 1t
is said all power is in The people
that the people Of this Territory are
subject to no rule of conduct Sir,
they are subject 10 the organic act
that is their constitution. They have
through their representatives, passed
it-ihey cannot now disregard it.
The Constitution of the United
States declares that Congress has the
right 10 admit new States that it
has the power to dispose of, and
make all needlul regulations respect
ing the territory or other property
belonging to the United States
hence, this Territory, being exclu-
svcly under the control of the United
States Government, has no rights, no
rule of conduct, except such as are
prescribed 10y Congress ; nor can it
have, since it is n branch OF that, aud
since il has lis existence from it
This body, except II be self-creallng,
can prescribe no laws securing ns
own creation. If this body sprung
into existence this morning of itself,
then it is amenable TO no power save
itself; but If elected through the su-
pervislon OF any other power, then its
only powers are delegated by some
higher power If This body be self
created, then it has nothing To do
with the past; but acknowledging It's
own legal existence, il acts only in
reference To the future. But this is
not the fact. This House was called
together in pursuance of executive
iustrdclions-il was elected in accor-
dance with the directions of the same
power. And this power was dele
gated TO the Governor of this Terri
tory, acting therein only under del
egaled authority. Is 1t not reason,
is il not common sense 10 deny that
any organized body having power TO
provide for the election of a second
AIRY body, has also the sole power to
dictate the means of testing the le-
galily of such election; If not so,
then it would have the power to en-
act laws without The right to provide
for their execution.
The Congress of the United States
is not even self-exislent. for il had its
origin in the people. The people
first of themselves organized and a.
dopted the Federal Constitution, pre-
scribing and limiting the powers of
that body organized under it, and
that body is limited in lis actions
by this Constitution. II is from an
organization thus formed shat we
have our existence as a Territory.
Our existence is dervaiive-our au-
thority is a delegated authority. Let
us obey this authority, lei US keep
within the limits of the act itself. |,
al construction TO national laws.
| do not believe them things to be
trined with. We must construct
them strictly, lest our construction
lead to abuse. | am for taking the
Kansas bill as il passed, as il reads,
as it would be understood by those
who understand the English language.
And now let us examine it-lel us
see if il empowers this House TO dis
annul the May election, and investi-
gate a prior one. If so, let us do it /;
If not, let us act as it becomes US 10
act.
Section 20 enac,s, That the ex-
ecutive power and authority in and
over the Territory of Kansas shall
be vested in the Governor, &c
This gives the Governor power to
execute whatever laws shall be enact
ed by the Legislature of the Terri
tory, until which time it is made his
; duty to carry out the provisions OF
: Congress. Now comes the 22d Sec
r N