Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-02
SENATOR DOUGLAS LAST ESSAY ON TERRIFIC
RIAL GOVERNMENT.

The i:rSi argument 10y which VT. po"oh'S
attempts to dispute the power and duty Of
Congress 10 protect persons ard property !"
the Territories, is stated rs follows:
"gnt il is urged with great piauSibili,y 10y
those who have entire faith in the soundncs>
of the proposition that Il Territory is the
,ncrc creature of Congress; that the creature
cannot be clothed with any powers not pos
scsSed b. the creator; at', that Congress, rot
possessing the power 10 lcg!>laie III respect to
African slavery i'll the Territories, cannot de-
legate to Territorial Legislature any power
which i; does not itself possess
This proposition is Is plausible As ii Is ii!la-
,ious. But the reverse of it is true gene
raj rule. Congress cannot delegate 10 4 Terri
torial Legislature, or any other body Of lnen
whatsoever, any power which the Constitution
has vested in Congress In other words
Eeery po,rer conferred or (oHgreSs by tic Con-
s.itutioa. must be exercised Gy Congress IN lie
nto2e prescribed IA tie Constitution.
Let Us test tine correctness Of this PROPOSE
ton by reference TO the powers Of Congress as
defined in the Constitution:
The Congress shall have power
80 Law aud collect taxes dates, imloStS and
excuses, &c:
United States; TO regulate commerce with for
e;en nations, etc; to establish a uniform rule
OF naturalization. etc; I" coin money and re-
.ulatc lie value thereof: 10 establish post OIL
c,S aid post roads; 10 constitute tribunals
inferior To the Supreme Court; TO declare war,
etc: TO provide and maintain navy.
"rhi, list nigh, hc extended ~ a. to embrace
all the powers conferred on Congress hv the
Constitution; b,r; enough has been cited to
;c,, the principle VIII |: be con,cnded that
Congress can delegate any one oil these powers
10 Territorial Legislature. or 10 any tribunal
whatever; Can Congress delegate to Kansas
the power To regulate commerce, or 10 Ne
bIaska the power +" 10 establish uniform lric>
Of NATURALIZATION. OF to Illinois the power ito
coin money and regulate the value thereof, or
20 Virginia the power " TO establish post Offices
and post roads =
1.-The mcrc statc,acnt OF the question carries
with 1t Tie emphatic answer, that Congress
caNno, delegate any power which 1t docs pos.
sess; but that every power conferred on Con-
.ress by the Constitution must lac exercised
u, Congress i'll the manner prescribed III that
inStrumcn,.
We are much surprised ,ha; such an arsu-
r.ent as this should proceed from Il statesman
50 eminent as Senator Douglas. 1t is !m>y
even to pucrili;y. State it conci>ciy and it
amounts simply TO this
Here are y nuu,3cr of Congressional powers,
which, .fron. tier rery m"t7re, are incapable
of being delegated and tic same may, there
lore Dc stated vi every QUIT CONGRESSIONAL
power
Ills 10 '' '''''' ''''''7 '''''.'I "n Wv,
win Regard 10 ''e Po".'S '''''' i"'' ="
EfaFee'y S."y'' F""'' y ,Y,''' 80, ~ ''' ''':',
~@"' . ""'S' "''" ,'. =, ; ~ I. ~ ;i,,I..
nc" y ""'"'' "'' ""''" '.', w., ',.'
*"oS'Gt"F9 rae" ""a roy "'".''"' '"''" "'''
F'"Ft'ty % "l' 80 '''' ""''@' - ~,
"'"'StEee'' s"y''' 80 Wv ''''.'
'"'|"' "'" N''''" '"''' ''''" ''9
gees "'"E '''' 9" '"e 0'"'' """'' W
as ar" "'r'ct e""f'"s"'
" ih regard |" al 'hese SooS'd'aF! powers
The Constitution preScrlocS 10 congress no
precise "mode by which they must be eXer'
cised they are all provided Tor 10y sweep
ing clause, which leaves to Congress a
wide scope "i choice As to the mode oi their
exercise; VIZ -
The Congress n ,'s'.' nave power 10 maze .'l
laws wn'.i, ''',n' .,,,n, ~, c, "'': I'op.. .o'
IND ,ll other powers vested hv this Constitu.
ton in the Government of the United States,
or in any Department or o'hceF '"errof'
Apply this undeniapie vie" III 'he SUBJECT
to an exanple-appiy IT, Ill It's l''"''''a' Dear
ing, TO any one OF the powers Oh congress re-
cited by Senator Douglas LAKE one % '''e
Yer! first powerS-the power 10 'eo'iee' ",''
tie" |: i impossible 10 lnliil this power Will"