Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-09
8ifbmono Enquirer.
BY RITcH1E DUNNAvANr, TYLER WISE.
FRIDAY MORNING, SEPTEMBER ..
SENATOR DOUGLAS LAST ESSAY on TERRIFIC
RIAL GOVERNMENT

I -
SENATOR DOUGLAS LAST ESSAY on TERRIFIC
RIAL GOVERNMENT.
| The following letter authorizes Us 20 l'nhliNh
through our columns ;Iii. remarkable ,locu,
ment:
Fr,vkLr, SgrAGL.
| NEN loEg. Sep. ., l>"?
Ia he EI;',s+ ., 'is L;cha.,ai Eaguicg::
DEAE Sins We take pleasure in c.tr,.iM: {,
yua or lIoc permission :" copy in;" The ''Ricn7r
Enquirer Mr. Douglass ;..i.r!c ''i"ng!a" N'e-
! rcigniy.'' in H,yci'. .Hgp:;as.
V''y respectfully,
S"ur o!rdicn. acrva:,-,
iAErLR AZ Di:"lHEGs.
Those Of olr newspaper cotemporaricS who
have hitherto published Mr.. Douglas essay,
have not published il in full, but with Il mum
bcr Of omissions which seem to lis 10 obscure
its meaning, BY intcrrupt!ns the connection Of
its parts. We are therefore careful to o!icr our
readers per;l,al Of the entire ESSAY, without
omission or condensation.
We have lot space left in the present issue
of the "l.n1n;rcr,' to continue our comments
i'll the same manner. in which they have been
hitherto pursued. \, the same lime, we are
unwiliin: 10 issue this c,,ay, unaccompanicd
with rciii,aton of thr Succession OF errors
which it cmhoiic>. and especially a rcluta!ion
of the an;isiaycry doctrine which il inc:lcatcs.
Hence We are obliged To- restrict ourselves, for
+. the prc>cat, io III outline statcncr. o; the ar
guncnt, ard a., c'ni.!iy meagrc indication III
its inaccuracies
The whole ar:;;Ljcut !, i:.,,udc,l 10 establish
! the supreme rowcr of territorial legislatures 10
control the internal legislation Of the ieyrito.
rics, unrestricted BY any department Of the
General Government, Executive, Legislative or
Judical--anl especially TO establish the right
! fui power 81 cach territorial legislature 10 pro-
hibit the Introduction or hc'din. of slaves in
territory.
The argument hy which Nj. Douglas cndc:.-
vors 10 sustain hi, Anomalous theory, mny ho
briefly stated as fo!low<:
| ls, That tie jurisdiction Of all the court.
established in The territories, is provided and
limited entirely hy The enac;uciIls Of the terri
torial legislatures; hence these legislatures may
deprive the cou.ts e jurisdiction la sit i'll iu'!g
mcnt on their legiS,aton.
| 21. That these territorial legislatures eycr-
! else no delegated power. congress Ina, 10
power t" delegate any powers which the Con-
stitutioa has vcSt,,. in Congress; but that sim
ply by creating these legislatures, Congress at
! once and necessarily "coHttr~ upon them pow
crs beyond tl,osc which Congress itself may
exercise; that the entire ri eht Of internal self
government accrucs Of right to the residents OF
an organized territory, apar; from AL Congress
sional sanction ~ authority.
Sd. That in the same marllc" that Congress
may confer, b,.t can neither exercise nor dele
gate Judicial powers, Congrcs, i"sy confer hut
cannot exercise no- delegate the powers Of in
tcrnal legislative government in the territories.
::h. That during Colonial times, Virginia
and other colonies rishtully claimed the power
. OF internal seltgo,cr''ncnt; and especially
. claimed the right TO lruhibi, the introduction
of slaves in their limits And ti.at this ''rrn.
cipic - or political SYSTEM, operates to c>tnb-
l;sh ;i.c same power Of internal scli:gorcrn-
ncn,, .nd especially the sane power To pro-
Liit the Introduction Of ,iares arong the re-
s;lcns Of each ol lie o,::anihed territories.
9TH. llIt i!,sc power. of territorial -ove-
rcgnty were expressly admitted by the "Jcicr
sonian plan" ~ ':comracl'' adopted hy the
Congress Of the Old Confederation
9Th. That in the Federal Convention, Mr.
Madison proposed 70 in>cr; in the Constitution
the following clause:
The Consrcs> shall have power
ITO institute temporary Governments in
the new States.
1ha, the term "n,r .>;a;,r" was that hy
which the ".Ic!icrsoriqn plan" designated or.
ganizcd tcrri:orics.
That instead Of the clause proposed by Mr.
Madison the following clause wrs inserted:
New States ,ray ha admitted by the Con
srcs> into til. Union" llcncc, Mr.. Douglas
conclrlcs. i. was the intention Of the Federal
Convention TO rcasscri. in the Federal tCn>,-
ton, the .IeilcrSonsn plan and, consequent
ly TO assert the right of internal territorial self
government. and especially the right Of 4 terri
to,iai government To cxrlnr tie iniroiu i"n
Of slaves in 4 tci,;iorI.
.ih. That tie opinion "i lie Supreme Court
in thc cas- oi pr.I >..,t', ,npii,aps III, zane
doctrine.
etll. That the aarnc 'loc,rimc VT, n>Se:ir!i'y
the Compromise measures o. 1850.
9tl. That the safe doctrine wrs asserted in
the Kansas. y, brasla at;
10Th. That the same drc;rirn w. a--citc'!
ly the Cincinnati Platform.
>i'ci * Mr. Douglas a,.lmen'. -nccir'ty
stal,,!. /, j. ,,oi di!licul. Ia auswrr aIi coiI-
futc e;cry p1;"t "f ~: '.2u'nent viii, cpiai
h.cyity.
lsi. 'Ihc Constitute oi the rrile,i states
expressly vests ihc Judicial power Of the ;ite'l
States in tie Courts, which Courts shall hc
established b. Congress. No Court hit -
United States Court can be, oi. ever has bee"
established, Ia any al tn. Tc.ri;0i :a,. -
! No such Court can bc or has been 49,
! tablishcd, except ly C"nerc>>. The ton>ti-
! tuition itself pre,cril'cs expressly all the sub
.iects to which the jurisdiction Of these Courts
! shall cy,cnd--and neither Congress itself, nor
the Territorial Legislatures, nor any other
body unde: the Constitution, can add 10 or
take away from the Courts one jj9t or title "l
jurisdiction tile exac; jurisdiction of tn"
Courts being vested, limited, defined and ac-
c,ratciy described by the letter of the C"nsti-
tuition itself
/ ID The only mat.ncr in which Mr.. Douglas
attempts 10 defend the theory that Congress
can, in no instance, delegate legislative powers,
is by adlucins certain Instances in which such
delegation would he practically impossible