, 1859-11-25

fore the same as il expressly prohibited
Yet Mr.. Douglas declares that Congress
may give It to the Territories. Nay he
goes further, and says that the DaAt Of the
power In Congress Is the rgyy reason why
il can delegate it--ihe general rule, IL his
own opinion, being that Congress cannot
delegate the powers Il possesses, but may
delegate such, ''and only sach, ns Congress
cannot exercise under the Constitution r.
By turning to pages $40 and 52l the read
er will see that this astounding proposition
Is actually made. not IN Jest OF irony, bat
solemnly, seriously, and, no donbt, in per
feet faith. On this principle, ss Congress
cannot exercise the power TO make an a
post faet0 law, or a law impairing the Oh
legation Of contracts, therefore il may au-
tbOrize such laws to be made by the town
councils Of Washington city, or the levy
court Of the District II Congress passes
an act 10 hang a man without trial, il Is
void, and the judges will not allow It be
executed: but the power 10 de this prohib-
tied thing can be constitufionally given BY
Congress to territorial legislature
We admit that there are certain powers
bestowed upon the General Government
which are 10 their nature Judicial or exc
cutive. With them Congress can do nolh-
ing, except to see that they are executed
by the proper kind Of officer. It Is also
true that Congress has certain legislative
powers which cannot be delegated. But
Mr. Douglas should have known that be
was not talking about powers which be-
longing 10 either OF these classes, but about
legislative Jurisdiction totally forbidden
to the Federal Government, and incapable
Of being delegated for the simple reason
that II does not constitutionally exist. 'rg
VIII anybody soy that such power
ought, as a matter Of policy, or for reasons
Of public safety, be held BY the provisional
governments Of the Territoriesi Undoubt-
edly no true patriot, nor no friend Of Jus
tiee and order, can deliberately reflect on
the probable consequences without depre-
eating them. a'san a219
This power over property Is the one
which IN all governments has been most
carefully guarded, because the temptation
to abuse Il Is always greater than any 9th
err Il Is there that the subjects Of lin
tied monarchy watch their King with the
greatest jealousy. Norepublic ever failed
20 impose strict limitations upon il. All
free people know that, Il they would re-
main free, they must compel the govern
ment 10 keep its hands OF their private
property, and this can be done only by IT,
ing them up with careful restrictions. Ac-
cordngly our Federal Constitution declares
that mo person shall be deprived Of bis
property except BY doe process Sf law
and that rpriEate property shall rot be TAX
en- for public use without Just compensa-
ton II is universally agreed that this
applies only to the exercise OF the power
by the Government Of the United States.
We are also protected against the State
governments by similar provision in the
State constitutions. Legislative robbery
is therefore q crime Which cannot be com
mitted either by Congress or by any State
Legislature, unless y be done 10 fiat rebel
lion 70 the fundamental law OF the land.---
But II the Territorial governments have
this power, then they have it without any
limitation whatsoever, and In al the full
ness OF absolute despotism. They are ON
nipotent in regard 70 oil their internal az
fairs, for they are socereigns, l0Ihout con-
siiiuiion 70 hold fhem IN check 3 And this
omnipolent sovereignty is 10 be welded By
few men suddenly drawn together from
al parts Of America and Europe, unac.
quainted with one another, and ignorant q
their relative rights But II Mr. Douglas
is right, those governments have all the ab-
solnte power OF the Russian Auiocrat.-
They may take every kind OF property ia
mere caprice, or for any purpose Of lucre Or
malice, without process Of law, and without
providing for compensation. The Legislu-
ture Of Kansas, sitting at Lecompton or
L wrence may order the miners TO give up
every ounce Of gold that has been dug at
Pixies Peak II the authorities Of Utah
should license band Of maranders 70 des-
poll the emigrants crossing the territory,
/ their sovereign right to do 50 cannot be
questioned A new Territory may bo or
ganized, which southern men think should
be devoted to the culture Of cotton, while
d the people Of the North are certain that
4 grazing alone is the proper business to BE-
carried on there. II one party, BY acci-
dent, BY force, or By fraud, has majority
,lin the legislature, the negroes are taken
lfrom the planters, and i the other set
gains political victory, it IS followed BY q
statute TO plunder the graziers Of their cat
] tie. Such things cannot be done BY the
H Federal Government, nor by the govern
ments Of the States; bat, IL Mr.. Douglas
is not mistaken, they may be done BY the
Territorial governments. Is Il not every
way better to wait until the new inhabii-
ants know themselves and one another; IN
/, Ill the policy Of the government Is settled
, by some experience; and above all, until
the great powers Of sovereign State are
regularly conferred npon them aud proper
lly limited, so as TO prevent the gross abuses
5 which always accompany unrestricted pow
er in human handsll
D There is another consideration which Mr..
I douglas should have been the last man to
/ overlook The present Administration Of
e the Federal Government, and the whole
] a a ~ .