Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1859-10-19

name OF que pTOCtSS vi law tuae
itself cannot do this it cannot authorize territorial
government to do it. the territorial legislature
itself do so; for in such case it would be ABOVE the
States above Congress, and above the CONSTITUTION;
that "the right of property in slave is distinctly
and expressly affirmed in the Constitution that the
only power conferred on Congress over the subject
of slavery is 1.-the power coupled with the duty OF
guarding and protecting the owner in his rights;
that every citizen of the United States has the same
right to carry, hold, and enjoy in the common terri
tory every species of property which may DC recos
Missed as property in any of the United STATES;
that "wIatever the political department OF the gov
ernmcnt shall recognise within the limits OF the
United States the judicial department is also oou"
to recognise and to administer in it the laws OF the
United States, so far as they apply and to MAINTAIN
in the Territory the authority and rights OF the
Government and also the personal rights and rights
If property of i.Ricidual citizens as secured By the
Constitution"
This brief extract indicates my view of the theory
of the question: view which believe is supported
not only bv reason but the highest authority of
courts, commentators and statesmen
We will now enter on a brief examination of the
views of those of the democratic party who, We be-
lievc have departed from the faith. We will discuss
the points of difference as they arise.
The sovereignty of the United States over the
territory is not denied plainly in words but for the
success of the argument the other side 1T must be
evatcd To escape the denial, and at the same time
to invest the inhabitants of a Territory with the
absolute right to exercise high and unquestioned at
tributes of sovereignty it becomes necessary to APP
ply new term, 1t is affirmed, therefore, that they
pos. css the inherent right of self government because
they arc political communities This term, there
fore is pressed into service and made to answer all
the ends 1t is, in truth however, only varying the
phrase to describe the same condition
The only Just political significance of political
community is body polite which, in the political
sense is nothing less than Statc-a nation IN which
sovereignty resides Now, by what process have
these inhabitants arrived at the dignity of political
community? Did they 90 into the territory and
conquer it, and set themselves up distinct peo
plea political community Or did they, going
there under the authority of the United States rebel,
| and by successful revolution dcrose the existing
sovereignty and establish their own? Surely by
neither. How then, can these comparatively few
inhabitants be said to have attained the inherent
right of selfgovcrnment, within the Jurlsdlctlhn,
under the government and control and within the
territory of sovereignty already acknowledged
whose land they occupy only by permission? The
only sense in which communitU can he logically
made to sustain such state of things is that which
asserts the right of all men, by the law of nature
to appropriate all thingS-a view which ignores
civilization and all human law, governments, and
constitution.
The general proposition that Congress, having no
other power the subject of slavery than pow
cr coupled with the duty Of protection cannot con-
fer higher powers than it possesses on territorial
legislature is pronounced to be as plausible as 1t
is fallac GUS But that the reyerse is true as gen.
! cra rule"
Now, it was expected that the claim of power for
| Congress to confer on the territorial legislature
powers other and greater than it possessed itself
would he proven coming under the general !ulv,
or under some rule This has not been done, but
other propositions are affirmed by means incon-
sis ent with the first. 1t is affirmed that every
power conferred on Congress by the constitution
must be executed by Congress in the mode preScrib-
ed in the constitution" and THAT Congress cannot
delegate any power that it does possess" Let us
! examine these moment 1t is perfectly true that
Congress must exercise every power in the mode
prescribed. But suppose there grants of power
| with no mode of exercise prescribed How then !:
Are such powers not to he exercised at ali! If this
be true, then many of the most important powers
granted to Congress must lie dormant forever Let
us take some of the powers which have been emu
merated in support Of this view.
Congress shall have power to coin money, etc.,
ETC.
To raise and support armies, etc.
TO provide and maintain navy.
Now there is no mode prescribed for the exercise
of these important powers, and it is evident they
cannot execute themselves. What, then, is to be
done? Are they to lie dormant? No! Yet it is
manifest that Congress cannot exercise them with
out the employment of intermediate agencies. Con
gress will not be expected to divide itself into com
mittecs for the purpose of coming money, one tt
assay the gold, another mix the alloy, another tt
roll the bars fourth to stamp, &c. All this would
be absurd What then? Under the power to make
all laws necessary and proper to carry into efec
the powers expressly granted, it will pass laws ere
ating proper agencies to exercise the power of coin
ing money under the supervision and control o
Congress. But can any rational being contend tina
because it has the power to create and appoint agen
cics to carry into full effect the exercise of granted
power, which it cannot itself conveniently exercise
therefore, it can confer upon such agencies create
power than it possesses? Surely not And how doe
this differ in principle from the case in which Congre
else the functions which it cannot conveniently do
Not at ALL The power Of Congress to govern to lesis
late for, and create territorial governments to Civ
full effect to the power granted to that end is dcriv
ed from the very same source Then, whence is dc
duced the right to confer these greater powers?
must be manifest that the affirmation of the duty
Congress to exercise all its powers in the mod
prescribed in the constitution" and the denial
right in Congress :" to delegate any power it doe
possess" do in TO manner prove that Congress ca
confer powers which it does not possess on terri
torial legislature
The claim, then, for this power must rest on som
other foot Of reason What is it? We are referre
to the in which Congress may establish tribr
: nails and local governments, and invest them wit
powers it does not possess and cannot exercise III
: der the constitution. For instance, Congress ma
establish courts inferior to the Supreme Court an
confer upon them the power to hear and dctcrnir
cases, and render judgments affecting the life lbe
ty, and property of the citizen without itself ha
ing the power to hear and determine such causes
der judgment, or revise and annul the same, &c.
As for the matter Of local legislatures, we have
o ready explained that But, is it possible that tt
distinguished author Of this annunciaton could ha,
forgotten that the power Of Congress to establis
It and confer on courts power to hear and determir
e causes &c, which it could not do ITSELF is derive
$ expressly from the constitution. Or. more prope
Il y, that while Congress has the right to establs
IS such inferior courts, the constitution itself nves
them with the powers and functions of judicial t,
II bunals.
e Besides, from the very nature and framework
It the government Congress- of course, is denied tt
e exercise of executive and judicial functions No,