The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-01-21

CONGRESS WEDNESDAY

Il -
cosaREss- WEDNESDAY
sxssrx--A large number Of bssnofials and peti
ions were presented which we're referred the APP
proprate committees- Among the number was one
bv Mr. Brown from the trustees of the public schools
Of the city of Washington, praying grant of the
rrblic lands in aid of common-school educstion in
mat CITY also, petition from citizens of George
towu. complaining of the Long Bridge the
Potomac as an obstruction to the navigation Of that
city.
ON motion by Mr.. Davis. resolution was adopted
reauesting the Secretary Of the Interior to commu
picae to the Senate the report Of ]. Ross Browne,
specia agent of the Indian Department, the hate
Indian war in Oregon and Washington Territories.
After other morning business, the Senate resumed
the consideration of the special order and Mr.. Hale
concluded his remarks in opposition to the Lecomp-
ton constitution Mr.. Harlan having obtained the
soor. the further consideration Of the subject was
postponed until Monday next, and, after the eonsd
Grafton of executive business the Senate adjourned
HOUSE, or REPRESENTATIVES. the introduc-
ton and appropriate reference of large number of
bills and the passage Of sundry resolutions, the
state Of the Union, Mr. Bocoek, Of Virginia, in the
chair and resumed the consideration of the Pres
DENTS annual message the question being on agree
ing TO certain resolutions referring to the standing
committees. After considerable discussion, the
committee rose and reported the resolutions to the
House and they were agreed to, together with one
referring so much Of the Presidents message
=. rxrf0r railroad In the Pacific
ocean TO a select committee of fifteen
THE ORGANIC ACT OF 1884 ITSELF AN ENABLING
ACT.
The fundamental object Of the organic act of 1854
establishing the Territory of Kansas after creating
the new Territory and setting in motion its machine
nv Of government, was, to invest its inhabitants,
through their legal constitutional representatives,
with all the powers necessary to bringing IT ulti-
nately at the proper period of maturity, into the
Union as Ssate-wifhout the further agency Of Con
gress. exerted either through an enabling act
any other measure Of legislation Nay, the object
was. not merely to confer this and all germane pow
ers upon the people and authorities of the Terri
torv but to transfer them away out of the hands Of
Congress.
The tenor of the whole act was as condensed in
single one of its clauses viz to leave the people
Tof the Territory perfectly free to FORM and regu
late their domestic institutions in their own way
subject ONLY to the constitution of the United
States Not only did the expression in this clause
form their domestic institutions in their own way
contemplate and expressly grant the power OF fra
ming constitution at the proper time, but the
opening section also of the act included, totrdem
uerbs the framing Of constitution IN its ample
scope of granted powers providing, as IT did, that
when admitted aState the said Territory. or amy
portion Of the same shall be received into the Union
AS State, with or without slavery, their consti
tuition NAV prescribe at the time of their admis
SION
Not only was the power of framing a constitution
thus expressly contemplated and granted in the
organic act of 1854 but it given free from lini
tation or control by the subsequent action of Con-
gress, either by means of an enabling act or
any other kindred measure the exercise OF the pow
er granted being made subject 'oly to the constlfu-
ton of the United States and it being settled
principle of legal construction that the expression Of
one or more limitations or conditions in grant
exclusion of all others.
Nor 1T, we repeat. mercy tne oDJecL Oh le act
to confer this power on the Territory for there was
the further intention of transferring away, out of the
hands of Congress- all further right of Interference
in the internal affairs Of the Territory In the report
Of Judge Douglas, accompanying the original intro
ductiou Of the bill into the Senate the object of Con-
gress and reason of this large and extraordinary
transfer Of authority was thus cogsntly stated.
Speaking of the compromise measures Of 1850 rela-
ting to territorial organization, of which the bill of
1854 WIS copy, the report said
In the Judgment of your committee, those measures
intended to have far comprehensive and en-
during effect than the adjustment of the difficulties
arising out c the acquston of Mexican territory
They were designed establish certain great principles
which would not only furnish adequate remedies for ex-
istipg evils but all avoid the perils OF
similar agitation 6y WnAdrapsng thu quason Of sInpeTy
from the halls of Cacr and the polasca and co"ssn
ting ITO ablrux1n Of os wAo smnedssey rTerssed
~, and alone responsible for, as consequence
Thus the especial object of the law was to trans
fer then in the organic at to the Territory the power
to take of itself the for settling the question
Of slavery: and. inasmuch this settlement could
only be effected by constitution ordained at the time
of admission into the Union the conclusion is ire
sstbe that il the express object and intention
of the organic act authorize the people of the Ter
riory to frame coustitution-and taf, free from all
Intervention Interference the part of Congress
II is, therefore, clear that-whethcr we adopt the
doctrine Of those who contend that all political