Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1859-10-15

pri1es |. citizen Of = - 3 s,
inr to the United 81 b : RHyShS
name Of due pr9oo
itself cannot do thiS csHnos auShnre serrsnss'
,eif d - for in a,seh case e would b s6sve The
States above Con9Ie.s and shove the Conssitus'oo;
that .'the right q property IN slave u distinctly
and EXPIRED SamAtA In NE Constitution" tha. The
only power conferred on Congress over the subject
Of Slayesx \ IN. poxef eanplra eth ~ ~
guarding and protecting the owner IN his !'Sho;
that every citizen Of the United S,e,er has s Hme
RICH. .es asr saeNg:y n re ss%.sa . ssss'.
:1y ,. S1s ssss p. Sss ss TS 6. ts; ss
that The Political department q ,hs 900
eminent shall recognise within the limi's a ihs
United States the judicial department h ahso boum
b recognize, and to administcr In Il The laws II tn
United States 70 ar they apply, and to msin'.i"
in tho Territory the authority and rights al ID.
Governmeat and elss !As Pens""i risA'. "sa ~.
Of property Of isaieds~l eitisess ~ s'es'ed ~ ns
(onstifstion." .....s-.- ..-.... ....
This brief extract indicates my view al the ihcosy
of the question-a view which believe b snpp"stsd
not only hy reason hat the highest authority Of
couvts, commentators and statesmen.
We will now enter on brief examination al the
views Of those Of the democratic party WIN &c BE-
lieve, have departed from the faith. We will discuss
the points Of difference a. they arise: a,
The sovereignty of the United States over the
territory is not denied plainly in words but fr the
success Of the argument on the other side Il must be
cyadcd To cxcape the DENIAL and Ut the same time
to invest tho inhabitants Of Territory With the
a6solste right to exercise high and unqucsioned at
tributes Of sovereignty. Il becomes necessary To ap
ply new tcr,n Il i affirmed therefore. that they
u IF 1-~~>
they are political communities This term, thcsv-
fore is pressed into service and made tn answer all
the ends It is, in truth however. only varying The
phrase to describe the same condition.
The only Just political significance 1t pefificai
eommxsity Is body polite. which, in the political
sense, is nothing less than Satc-a nation In which
sovereignty resides Now, by what process have
these inhabitants arrived at the dignity Of political
community: Did they 20 into the srrritory and
conquer it. and set themselves up ~ distinct poo
plc-a political community! tr did they. going
there under the authority of the United States rell
and by successful revolution dcposc the cxistin.
sovereignty and establish their own! Surely by
neither low, then. can these comparatively Scw
inhabitants lie said to have aitaincl the Inherent
right Of sclEsovcrnmcnt within the jusnticti N.
under the government and control and within the
territory Of sovereignty already acknowledged
whose land they occupy only by pcrnissioos The
only sctsc in which eommssifs can be logically
made To sustain such st,tc Of things II that which
asserts the right Of all men. by the law Of nature
to appropriate all things-a view which isnorrs
civilization and all human law, govcrnments and
constitution.
The general proposition that Congress. having No
other power over the subject Of slavery than pow.
CT coupled with the duty Of protection cannot co.,
fer higher powers than il possesses territorial
legislature, is pronounced to be "ss plausible - Il
Is fallac Gus But that the reverse i true ~ gen.
cral rulc."
Now, it was expected that the claim of power for
Congress to confer on the territorial legislature
powers other and greater than il possessed iisrlf
would he proven curns undcr the general rule.
or under some rule This has not been d..ne bu,
other propositions arc affirmed by M means incua.
sis.cnt with the first II is affirmed that every
power conferred ON Congress by the constitution
must bc executed by Congress- in tho mole prcsrrih
cd in the constitution" and 'that Congrrss csnnos
delegate any power that IL dos ynsa,,a" Let us
examine these moment Il Is perfectly true that
Congress must exercise every power In the ms's
prescribed. But suppose there arc grants Of powcs
with no mode Of exercise prescribed How then
Are such powers not to he exercised at all! 1f this
he true, then many 81 the most important powcrs
granted to Congress- must lie dormant forever. Lei
US take some Of the powers which have ben emu
meratcd in support Of this view.
| Congrcs shall have power to coin money, etc,
! etc.
To raise and support armies. etc.
To provide and maintain navy.
Now, there il M mode prescribed Tor the excrcis.
Of these important powers. and il Is evident the,
cannot execute themselves. What tl,en. Il 10 b
done?. Are they to lie dormant? No! Vet u
manifest that Congress cannot exercise them with
out the employment Of intermediate aseocics> Con
gress will not be expected to divide itsclf into con
mittecs for the purpose Of coming money. one 4
assay the gold another mix the alloy: another {!
roll the bars, fourth to stamp. &c. Al this woul
be absurd What then. Under the power to max
all laws necessary and proper to carry into cfIrc
the powers expressly granted il will pass laws CIV
atng proper agencies to exercise the power of eou
ing money under the supervision and contrib Z
Congress But can any rational being cnnicnd thu
because It has the power to create aud appoint ascu
ccs to carry into full effect the exercise of Rrsnse
power, which it cannot txelf conveniently cxcrei..
therefore, it can confer upon such agencies create
power tran it possesses! Surely not And how dr.
this differ in principle from the case in which Consrc
crc ties and appoints territorial governments In exc
Else the functions which Il cannot conveniently d.
Not atall The power Of Congress to govern. to lcsi
Late for, and create territorial governments to ri,
full effect to the power granted to that end Is tcr
eli from the very same source. Then. whence Il d
/ duced the right to confer these greater powerxs
must be manifest that the affirmation Of the duty
Congress ITO exercise all its POWERS in the mn,
prescribed in the constitution" and the denial
right in Congress to delegate any power Il da
possess, do in no manner prove that Consrvss {.
coafer powers which It does not possess on ter,
torial legislature.
The claim, then, for this power must rrst on sou
other foot Of reason. What is Il! We arc refer,
to the cases in which Congress may establish irib
nails and local governmcnts, and invest them vi
powers It does not possess anil cannot exercise q
= der the constitution. For instance. Congress m,
establish courts inferior to the Supreme Court, q,
confer upon them the power to hear and dcsermi
cases, and render Judgments affecting the TIC. lib.
IT, and property Of the Citizen without itself hs
ing the power to hear and determine such causes u
der Judgment or rcvisc and annul the same, &C.
Az for the matter Of local legislatures, NC have
ready explained that But, Is Il possible that
distinguished author Of this annuncation could ha
forgptten that the power Of Congress to estahli
and confer on courts power to hear and dctcsmi
causes, &c, which il could not do itself ID dcriv