Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-06
SENATOR DOUGLAS LAST ESSAY ON TEESITO-
RIAL GOVERNMENT.

RIAL GOVERNMENT.
As we have sufficiently shown, Mr.. Douglas
statement. Congress cannot delegate to Ter
ritorial Legislature, OF TO any other body oil
men whatsoever, any power which the Consti-
sutton has vested in Congress" is LETT by the
Illinois Senator to rest entirely OH two argu-
nen;s, altogether insufficient for its support
us f-st srgumeat is. that there are number
Of Congressional pow":s which .fro" btir "a-
TIRE. are incapable of being delegated His
second argurncn; is, hat Congress cannot dec
gate judicial powers.
Ii, then, We can Gnd an powers which the
Constitution has vested in Congress which arc
not judicial, bu, Legislative. and whose nature
is such as practically TO admit OF Their icing
delegated. without involving a deroSation of
the entire responsibility Of Congress for their
proper cxercise-ihen, It cannot he disputed,
,ir. Douglas argument goes for naught.
apply this directly to the case in hand
Congress has power 70 admit new States. This
power is Clearly incapable of being delegated,
.t.emp: 10 delegate il would lie vain, such al
tempt would result, If in anything a; al, in an
entire Remuneration Of the power anl response
t,.lty of Congress iar such admission, and the
absolute transfer of the powe: to some other
innc;ionary This Congress cannot do. 1t
would &c an act Of direct disohe,icnce 10 the
Constitution, which provides for tie exercise
Of the power Of Congress.
Bur, in this connection, Congress is invested
with other powers, necessary AMI proper, 10
fu.iil the foregoing power. in ;he language Of
the Constitution:
The Congress snail have power 10 make al
laws which shall he necessary and proper FOR
carving into execution the foregoing powers
What laws are necessary and proper 10 carry
,n;o execution the power to admit new States:
First Land iaws, and laws Of similar M
n:rc, adapted to facilitate the settlement % un-
occupied Territories,
Second. Laws afioriing security III The per
sons and property Of settlers.
Now. Mr.. Douglas takes the position that
through An agent, the laws Of The second cate
so-y; but is bound, absolutely, to transfr: thci:
Exercise 10 another and indepca dent Legislative
assembly-and this. in the face Of the positive
provision OF the Constitution, that the Con
g-.ss shall i.ayo power" to maze S,,ch
laws.
Al a.. ..o,o, ,-i,;,L NJ nn,,,,,. ....;,re
directly denies the position winch he assumes.
ais argument, when closely examined, amounts
. this :-CongrSss cannot delegate powers,
which are practically incapable Of being dele
ga;ed-bccsuse an apparent delegation would
suount &c ! complete transfer Of the power
which transfer Congress cannot constitutionaily
make; ali powers which the Constitution has
vested in Congress. are thus incapable Of being
de!egatea-e'go. continues the logical Senator,
Congress can neither exercise nor delegate the
power to make laws for the protection of per
sons and property in territories; but must con
fer such powers absolutely on tho territorial
Legislatures:
Was there ever :.,no-e palpabe and scnsclesS
piece o: controversial contradiction, And yet
this i. the very argumen: of Mr. Douglas, with
gu. distortion or caricaturc
Take the only sound part of the argument,
apply it justly, and it is itself sufficient to
,rovcrt the dogma of territorial sovereignty
which Mr.. Douglas strives so intellectually to
establish
1t is true that there are certain powers vest
ed IN Congress- which cannot be delegated TO
any other body Why? Because their formal
delegation would amount to their complete
transfer, leaving no room for the continuation
OF controlling power by Congress, and this is
tho only reason. Thus il is, that Congress
cannot, Tor example, delegate the power to adj
init new States into this Union. The argu-
nent, then. results in this tina, Congress can
IN no manner and in no instance. rcnounce its
OWN constitutional powers and responsibilities,
oy absolutely transferring such powers to an
other governmental agent
This is sound doctrine; apply it 10 the case
in hand The Constitution directly attributes
TO Congress the power to make all laws which
Snail be necessary and proper for carrying into
execution" the power Of Congress to admit new
States into this Union. Among these ''neces-
ssry and proper laws" are those required for
the protection Of persons and property in the
territories Of the Union. Thus, Congress can
TO: renounce the power and responsibility,
vested in Congress by the Constitution, to
make these necessary and proper laws. Con-
sress cannot absolutely transfer or "eaytr'
his power on territorial legislature.
Thus, NJ. Douglas argument legitimately
employed, confounds his theory. 1t leads US
inevitably to the just conclusion that all laws