The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1859-10-12
N u M B E R 35.

De logically made to sustain such state
OF things, is that which asserts the right
OF all men, by the law of nature, to ap-
propnate all things-a view which ir-
nores civilization and all human law, GOV.
ernments and constitutions.
The general proposition, that CONGRESS.
haVlng no other power over the subject
OF slavery than power coupled with
the duty of protection, cannot confer
higher powers than it possesses on ter
rltoral Legislature, is pronounced to be
"as plausible as il is faIacious. But that
the reverse is true as q genera! rule."
Now, 1t was expected that the claim of
power FOR Congress to confer on the terri
torial Legislature, powers other and great.
er than it possessed itself would be proven
as coming under the general yulc, or uu,
der some rule. This has not been done,
but other propositions are affirmed, by no
means inconsistent with the first. 1t is
affirmed chat every power conferred on
Congress by the constitution must be ex-
ecuted by Congress IN the mode prescribed
m tie constitution" and "hat Congress
cannot delegate any power that 1t does
possess" Let US examine these moment.
1t IS perfectly true that Congress must ex-
erc'se every power in the mode prescribed
But suppose there are grants Of power
with no mode Of exercise prescri5ed.--
How then? Are such powers not TO be
exercised at all If this be true, then
many Of the most important powers gran.
ted to Congress must lie dormant forever.
Let us take some Of the powers which
have been enumerated in support of this
view.
Congress shall have power to coin
money, DC, DC.
10 raise and support armies, &c.
To provide and maintain a navy.
Now, there is no mode prescribed for
the exercise of these important powers
and it is evident they cannot execute
themselves. What then is 10 be done 2
Are they to lie dormant? No, vet it is
manifest that Congress cannot exercise
them without the employment of inter.
/ mediate agencies. Congress will not be
expected 10 divide itself into committees
tor the purpose of coming money, one TO
assay the gold another mix the alloy,
another to roll the bors, fourth 10 STAMP,
DC. All this would be absurd. What
then Under the power TO make all
laws necessary and proper to carry into
effect the powers expressly granted, it will
! pass laws creating proper agencies TO ex
ercise the power Of coming money under
the supervision and control Of Congress.
But can any rational being contend that
because 1t has the power to create and
appoint agencies to carry into full effect
the exercise Of granted power, which it
cannot itself conveniently exercise, that
therefore, it can confer upon such agen-
c'es greater power than it possesses q
Surely not. And, how does this differ in
pHncple from the case in which Corgres
creates and appoints territorial govern
ments 20 exercise the functions which it
cannot conveniently Go }? Not at ALL
The power Of Congress TO govern; 10
legisate for, and create territorial govern
ments, to give full effect to the power
granted to that end, Is derived from the
very same source. Then, whence is de-
Quoted the right to confer these greater
powers 1t must he manifest that the
affirmation Of the duty Of Congress "to
exercise all its powers in the mode pre-
scrlbed in the Constitution" and the de-
nial of right in Congress "to delegate
any po'rcr ii does possess" do in no man
ner prove that Congress can confer pow.
ers which il docs not possess, on Terri.
torial Legislature.
The claim then, for this power, must
rest on some other foot of reason. What
is it? We are referred to .he cases in
which Congress may establish tribunals
and local governments; and invest them
with powers it does not possess and can,
not eXerise under the Constitution. For
instance, Congress may establish Courts
inferior TO the Supreme Court, and confer
upon them the power TO hear and deter.
mine cases, and render judgements affect.
ing the life, liberty and property Of the
citizen, without itself having the power to
hear and determine such cases, under
judgment, or revise and annul the same.
DC. AS for the matter of local LepisIa.
lures, we have already explained that
But, is it possible that the distinguished
author OF this annunciation could baye
forgotten that the power Of Congress TO
establish and confer on Courts power to
hear and determine causes, DC, which il
could not do itself, is deriued ezJreSsly
from the Constitution. Or, more proper
Iy; that while Congress has the right 10
establish such inferior Courts, the Constir
tuition itself invests them with the powers
and functions of the Judicial Tribunals.
Besides, from the very nature and frame
work Of the Government, Congress, Of
course, is denied the exercise Of Executive
and Judicial functions. Now, to make
the cases of Territorial Legislature and
judicial tribunals analogous, il must be
shown that Congress cannot exercise Leg
islative powers, and tina. the right to con-
fer power beyond what it possesses itself,
on the Territorial Legislature is expressly
} given in the Constitution--whicbc cannot
he done.
What then, is the character Of Terri.
J torial Government II is an agent, ere
ated by Congress- II deriyaa ;ss ho;nr,