Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1859-10-15

inferior Courts, the Constitution itself in
vests them with the powers and functions
of Judicial 7 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 tho
cases of Territorial Legislature and Ju-
dicial tribunal analogous, it must be shown
that Congress cannot exercise Legislative
powers, and that the right to confer pow
cr beyond what it possesses itself, on the
territorial Legislature is expressly given
in the Constituton-whi cannot be done.
What then is the character of q Territorial
Government? ltis an agent. created by Con-
grcss; 1t derives its being from the organic
act OF Congress, which act is its charter-its
constitution. 1t has no power beyond it
1t can have and exercise only such as Con
gross confcrs, and Congress can confer ON it
no higher powers than the Constitution per.
mits. To maintain the claim of extra Con.
st'tutnnnl power fora Territorial Legislature,
its advocates nrc drawn to the doctrine of
revolution. Wei, the right of revolution is
odmitted but claims resting on that fouudo-
ton must be male good by success. The
very assertion, h.Ycvcr, OF such doctrine, is
an abandonment of the argument.
An elaborate effort has been made to es
,ab!ish az identity of relation between the
Colonics to Great Britain and a Territory to
the United States. The opinion of Mr.. Mad.
Ison on the causes of the Revolution is as fol-
lows: | will thank my friend to read it.
Tho fundamental principle of the Rcvo-
luton was that the colonies were coordinate
members with each other, and with Great
britain; OF an Empire, united by common
executive sovereign, but not united by any
common Legislative sovereign. The Legisla-
tive power was maintained to be as complete
in each American parliament as in tho Brit
lsh parliament. And the royal prerogative
was in force in each colony, by virtue of its
acknowledgment there. a denial of these
principles by Great Britain, and the asser-
ton of them by America, produced the Rev
olutiOn."
Mr.. Madison adds, in substance that tacit-
~ and for convenience. Great Britain was
allowed to regulate the trade with foreign
nations, and between the different parts of
the Empire. But. when it was asserted that
Parliament could legislatc for the colonies in
all cases whatsoever, it provoked such cndui-
ry as showed it could do 50 in no case what
soevcr.
1T then they stand in relations identical or
analogous, what is tho true condition of the
Ierrito;cs? They are coordinate members
with eac!l other, and with tho United States.
OF a common Empire.
The legislative power in the Territories is
as complete as IN the States and i'm the Con
grcss. And Congress has no right to make
laws for them in any case whatsoever. These.
truly. are high prctensous. and, if we'll
founded, the action of the Federal Govern
ment, in relation to the Territories, from the
beginning, has been an idle farce.
Let us now take practical view of the
question, and see how we stand in relation
to it. Anterior to 1850, the acquisition of
territory from Mexico brought into full play
the hostility of ia'ge portion Of the North
to the system of Atrican slavery, os itexistcd
in the South, and revived the old question of
sectional power. The conflict between the
parties became so bitter and intense, that the
Union shook to its centre. Strenuous efforts
were made to allay the storm The punacca
for all the troubles of the Government was
applied, and compromise swagel the dis
temper for moment. BY tho very act of
! compromise, Texas WAS dismembcred the
Executive proviso in relation to California
ratified thus excluding the sovehoIding
States from tho chance to enjoy nc benefit
OF that rich acquisition. There were some
acts intended to be compensatory. The ques.
tion' however, not being fully settled it
passed over to the Congress of 1854 That
body, then. took up the territorial IN cstion
for final settlement. The circumstances at
tending the matter, are of such recent occur
rcnces that | will only allude to thcm by
saying that one portion of the Democratic
party held that Congress had the right to
prohibit slavery in q Territory, and sought
to induce tho exercise of that power The
other portion not only denied the right but
aihrmed that slavery was recognized in the
Territory, and protected there by the C1nsti.
tuition. The subject became so vexatious
and so fruitful of evil that both sides agreed
to Danish it from tho Halls of Congress; and
abide the decision of the Supreme Court of
the United States, as to which Wow was cor.
rect. Hence, by the Kansas. Nebraska
Act" Congress conferred ali the power of
| local legislation which it had on the Terrific
ries, to be exercised by them, subject to the
Constitution of the United States, with the
Supreme Court us interpreter. If that trlbu.
nal. upon appeal, should decide that Congress
had the right to prohibit slavery in the Ter
ritory, then Congress having conferred all
the power it had on the subject to the Terri.
t0rial GovernmenD the Territorial Govern
Inent could likcwise do 81. But if the Sl
premc Court should decide that Congress had
no such right, and that slavery was rccog
nized and protected in tho Territory by the
Constitution, then, of course, the Territorial
Government had no such right, and coull not
prohibit it there. But on tho contrary, stand
ing in the place of Congress, it would be
bound not only to tolerate but to protect
property in slaves. rs it would all other kinds
of property, And when the inhabitants of
the Territory in the proper manner became
the people of State. they could and would
like all othor States. deal with the subject ne
they pleased. If this be the arrangements, it
is wise and just and for one, | am vii.
ling to abide by it. But some new ideas
I., L.. L. Il 4 a