The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-06-30

gisiative act, which Congress might do d.
rectly, then Congress may with a. much
propriety delegate to the legislature Of Kan
SOS, OF Illinois, or Of Louisiana, the power
TO establish an uniform rule Of naturaliza.
ton. to establish postoiices and post-roads
TO declare war, to provide and maintain
navy, 10 coin money, or any other OF the
powers which the constitution has conferred
upon 1t.
The very specious plea that the people of
q territory may not exclude slavery because
ss Congress cannot do 30, therefore 20 legis.
lative body having 9ply ssch authority as is
delegated to il BY Congress, falls 10 the
ground, simply because the legislature Of
territory, forming part Of the government,
derives its powers, like all other governments,
from the consent Of the governed, and not
from any other source.
We might extend this argument, but to
an intelligent reader no elaboration is Deces-
sary. The only stumbling.block to many
has been the idea that the territorial legis
latures derived their powers from Congress.
We have shown, We think, satisfactorily TO
all, that Congress can delegate none Of its
legislative NEUTRALITY-SUSPICIOUS. powers Con.
gress possesses it must exercise itself, direct
ly, and not through any other organisation.
The local legislatures, then, either have the
power to legislste for their constituents
from some other source than Congress, or
they have no legislative power at all. They
derive their power from the same source
that the legislature Of Illinois derive it and
that source is defined 10 the Declaration OF
Independence To be the consent OF the gov
erDed." All power is vested in the people.
Portions Of that power is delegated by the
Constitution to an Executive, legislative
power to Congress, and judicial power TO
the Courts. The President cannot delegate
his executive power to the Governor OF lii
nois, The Supreme Courts cannot delegate
its power to the courts of Louisiana. and
Congress cannot delegate it's powers to the
legislature Of Kansas The Governor Of lii
nois exercises his legitimate authority by
consent OF the people Of this State the courts
OF louisiana exercise their Just authority by
virtue OF the consent Of the people OF that
State, and the legislature OF Kansas exer.
cises its just powers by the consent Of the
people Of Kansas. 1t is full and ample in
each case, the only restriction upon the le-
gislature Of Kansas is one that prevails
equally in both Of the other cases, and that
is that its action must be subject to the Con
sttution Of the United States. II the peo-
pie Of Illinois, by virtue OF the powers inhe-
rent in them, can, through the legislature,
forever exclude and prohibit African slavery
within the limits Of this State, then that act
establishes the fact that the right of a slave
holder to carry. and to have, and TO hold his
property 10 not right vested in him by the
constitution, because no State can deprive
man OF right which he possesses by virtue
and operation OF the constitution. Ii it be
no violation Of the Constitution of the
United States for the people Of Illinois to
exclude, and drive ont of this State all AZ
rican slaves, or to deprive their owner of his
property in such slaves as he may bring
here, then II is no violation OF the Consti,u.
ton Of the United States for the people OF
Kansas, through their Legislature, deriving
| its powers from the same source as does the
legislature Of Illinois, to do the same act.
In the bred Scott case. the Supreme
Court denied the power Of Congress, or Of
anybody deriving its power from Congress,
to exclude slavery in the territories. We
accept the decision, and make il part OF our
platform. IL the Charleston Convention will
make platform admitting and recognizing
the full and complete authority of the peO-
pie of the territories, like those of State,
to decide Tor themselves whether slavery
shall or shall not exist within their limits,
then the people Of the Union will be salts
fled that, Notwithstanding the difficulties and
misunderstanding Of the last two years the
Democracy do not intend to cheat, or be
cheated" and the nominee Of that conven
ton will be triumphanty elected. II, how
ever, they will insist that the people OF a
territory may not, like those Of State, ex-
ercise any such power, then they will admin.
ister such an unmistakabe rebuke to Mr..
Buchanan, and his view Of the Cincinnati
platform, that We fear very much that Sew.
ard will have an almost uncontested field in
1860.
We intend in 1860 to support the
/ Charleston nominee We want a candidate
whom we can elect, and a platform fit for a
Dem ocrat to stand upon hence our anxiety
that wise counsels may prevail, and that
Char Ieston may prove to the Democracy o
Yorktown, instead Of Bladensburg
An American poet. dscoursing Of the