Arkansas true Democrat., 1859-10-05

.
 their internal affairs. Tho, ;a o'ef
 winch ne thinks is to split the dem ocrss c
 and impale the nation But if is so ent;,s %
 iy erroneous, that it must vani.b ;ntn ti;
 BIT as soon as 1t comes to be exam;ned
 A terrltoral government is merelu n.,
 VI c,s'onai and temporary. It is cre.tod Fis \
 congress for the necessary nreserva.;aa
 uo1sa uluea ana the purposes of police. Tb
 lh powers conferred upon it are expressed !;
 sne organic act, which is the charter of <
 eA'S'ehce' and which may be changed or U
 peaied at the pleasure of Congrcss f,
 most of those acts the power has beon o
 pressly reserved to Congress of rev;S;no tls,
 .erritorial laws, and the power to renos
 'nelh exists without such reservation Tb;
 was arrested in the case of Kansas bv th'
 most distinguished senators in the Conaras [
 oi 1ooo. The President appoints the oo
 Vernors, judges, and all other offiearo 1rbo |
 appointment is not otherwise provided for
 airectly or indirectly, by Congress Eva,
 the expenses of the territorial povernmo,,
 are Paid out of the federal treasury. Tn,
 truth IS, they have no attribute of sovar
 eiShty about them. The essence of sover
 eignty consists in having no suner;or
 put territorial government has . srnor;o
 Tn the United States government mo, whose pleasure it is dependent for ;ts p, ver, exlstence-in whom it lives. and moves ona
 has It's being-who has made and can nr' make It with breath.
 Where does this sovereign authority {, deprlve men of their property come from
 1hls transcendent power, which even do.. po's are cautious about using, and which a constitutional monarch never exercises-bo,, does 1t get into a territorial leeislatnro
 surely 1t does not drop from the clouds |. Will not be contended that it accompanies .iie settlers, or exists in the territory before US organization. Indeed, it is not to the people, but to the government of a ter. rItory, that MT. Douglas says it belongs.
 lhen Congress must give the power at the same time that it gives the territorial go- Vernment. But not word of the kind is to be found in any organic act that ever was framed. ltis thus that Mr. Douglass S areu ment runs itself out into nothing.
 But If Congress would pass statute ex- pressly to give this sort of power to the territorial governments, they still would not have 1t, for the federal government itseli does not possess any control over mems property in the territories. That such power does not exist in the federal po- Vernment needs no proof: Mr. Douglas ad- mlts 1t fully and freely. It is, besides. es ! abolished by the solemn decision of Con. gress, by the assent of the Executive, and by the direct ratification of the people act ing h their primary capacity at the polls. In addition to all this, the supreme court have deliberately adiudged it to be an unal terable and undeniable rule of constitutional law
 This acknowledgment that Congress has no power, authority, or jurisdiction over thls subject, literally oJliges Mr. Douglas to give up his doctrine, or else to maintain It by asserting that a power which the lederal government does not possess may be gwen by Congress to the territorial govern ment. The right to abolish African slavery Tn territory Is not granted by the consti- tutlon to Congress; 1t is withheld. and therefore the same as if expressly prohibit ted Yet Mr. Douglas declares that Con- 5ress may give it to the territories. Nav: ne goes further, and says that the want of he power in Congress is the yery reason Vhy It can delegate it-the general rule in ns opinion, being that Congress cannot delegate the powers 1t possesses, but may elegate such, " and only such, as Congress +I y turning to pages 520 and 52l the reader I'll see that this astounding proposition is 'tually made, not in jest or irony, but 'iemny, seriously, and no doubt, in per ct good faith. On this principal, as Con 1 eSs cannot exercise the power to make an post facto law, or law lmparing the ob- | 5tlon of cotracts, therefore it may aubor- sd such laws to be made by the town uhciis of w ashington city, or tl.a ls..s= l act to hang man without trial, it is | old, and the judges will not allow tito be | xecuted; but the power to do this prohibi- \ nd thing can be constitutionally given by I Congress- to a territorial legislaturel
 We admit that there are certain powers bestowed upon the general government which are in their nature judicial or execu- i've. With them Congress can do nothing, E xcept to see that they are executed by the proper kind of officers It is also true thatl Congress has certain legislative powers which cannot be delegated. But Mir. Doug as should have known that he was not alking about powers which belonged to lther of these classes, but about legisla-. i've jurisdiction totally forbidden to the aderal government, and incapable of being elegated, for the simple reason that it does ot constitutionally exist. s
 Will any ybody say that such power ught as matter of policy, or for reasons f public safety, to be held by the provision- l governments of the territories? Un. oubtedly no true patriot, nor no friend of lstice and order, can deliberately reflect on he probable consequences without depre- iating them.
 This power over property is the one which in all governments has been most arefully guarded, because the temptation o abuse it is always greater than any other. IS there that the subjects of a limited monarchy watch their king with the grea- st jealousy. No republic has ever failed impose strict limitations upon it. All rec people know that, if they would remain rec, they must compel. the government to eep its hands off their property; and this an be done only by tying them up witl aretul restrictions. Accordingly our fed ral constitution declares that mo perso hall be deprived of his property except b, ue process of law," and that "privat roperty shall not be taken for public us 'lthout just compensation. It is unive, ally agreed that this applies to the exc, lse of the power by the government of th United States. We are also protected gainst the State governments by similr revision Tn the State constitutions. Leg 'lative robbery is therefore crime whic annot be committed either by Congress q y any State legislature> unless it be dors l flat rebellion to the fundamental lawf le land. But if the territorial govern rents have this power, then they have'i ithout any limitation whatsoever, and i Il the tulness ofabsolute despotism. The re omnipotent in regard to all their inter, al affairs, for they are sovereigns, withor constitution to hold them in check. Am lls omnipotent sovereignty is to be wick by few men suddenly drawn togethr