The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-13

chnnaed or repealed al the pleasure Of Congress- In
Of those tho power has boon expressly reserved q
Chnarcss of revising the Territorial laws and tho power
70 ropea them exists without such reservation This waS
asserted In the or Kansas by the most distinguished
Senators In the Congress Of 1900 Inc rreslaen sppon
otherwise provided for directly or ndrecsys
by Congress- Even the expenses OF the Territorial govern
u.s. they have no attribute Of sovereignty about them inc
essence OF sovereignty consists In having no superior but
Territorial government has superior N .ne Unsc
Tor its very exstencen whom It lives ana moves anu
has ils beng-who has made and can unmake II WIN
Where does this sovereign authority TO deprive men or
their property come frOm' This transcendent power,
constitutional monarch never cxercises-how does get
into Territorial legsaturcf Surely II does not drop
from n.s sn ~, win not 30 commended TINT accom-
ganzaon Indeed Is not to the people, but to the gov
ernment Of Territory that Mr. Douglas says il belongs
Then Congress must give the at the time that
gives the Territorial government But not word Of
the kind to be found in any organic that ever was
framed s thus that Mr. Douglas argument runs itself
out into nothing.
But if Congress would pass statute expressly to give
this sort Of power 70 the Territorial governments thcv
si would moi have il; for the federal government se
does possess any control mems property in tho
Territories That such power does not exist 10 the federal
government needs proof Mr.. Douglas admits fully
and freely. is, besides, established by the solemn de-
cson Of Congress- by the assent Of the Executive, and
mary capacity at the polls In addition 70 all this, the
Supreme Court have deliberately adudged TO be
altcrablc and undeniabie rule Of constitutional law
This acknowledgment that Congress has no power, au
hority Jurisdiction the subject, literally obliges
Mr. Douglas 70 give up his doctrine else 70 maintain It
by asserting that power which the federal government
does possess may be given by Congress TO the Terri
toria government The right 70 abolish African slavery
in Territory is not granted ,d By the s. ;Snst-
fore the same as i expressly prohibited Yet
Mr. Douglas declares that Congress may give 1t to the
Territories Nay he goes further and says that tho want
of the power in Congress the very reason why can
delegate 1.-THE general rule being that Congress cannot
delegate the possesses but may delegate such,
Sand only SUCH Congress cannot exercise under the
constitution BY turning TO pages $40 and 52l the reader
will that this astounding proposition is actually made,
not in jest or irony, but soemnly, seriously and, no
doubt ia perfect good faith On this principle, Con-
gress cannot exercise the power to make an en- post ae
law a law imparng the obligation of contracts there
fore may authorize Such laws to be made by the town
councils of Washington city, or the Levy Court Of the Dis
trict II Congress passes an act to hang man without
executed but the power to do this prohibited thing DO
constutonally given by Congress to Territorial Legis
laturel
We admit that there certain powers bestowed upon
the general government which in their nature judi
cia executive. With them Congress do nothing
except that they executed by the proper kind
Of officers is also true that Congress has certain egis
lative powers which cannot be delegated But Mr.
Douglas should have known that he was not talking about
powers which belonged to either Of these classes, but
about legislative jurisdiction totally forbidden to tho
federal government and incapable of being delegated for
the simple that does consttutonaly exist
Will anybody say that such power ought, as a matter
of policy for of public safety, to be held by
the PROVISIONAL governments On tne ieIrnorics, IN
order, deliberately reflect on the probable conse-
qu T; mnou. ea. s, .h ono h .; al
an p" ha o ho NOS, rs MI o a%a% h, s IN
temptation to abuse it is always greater than any other
,ha; ' ri 'i ;.h ' ne a,st ans NJ I; ho
failed to impose strict limitation upon II. All free
up,o th @ ,y y r a.. hamds or hor rr;at"
property and this can be done only by tying them up
,i., dn,rs .ha tive ,arson shall no dorr;vod ~ Nc
nrtr axcant nv dua PROCESS of Law and that stpr;
po ~. ~ III ~, ~, 10 toLan eor n,h,;c ,,sa vn.
,, ppn,,nn y II is wniversoi,y aorood ,h"t this
armies only TO the exercise Of the mower by the
~, 20 az Irrad ctaaa We aro a,so r.octo aro,s
the State governments by similar provision in the State
constitutions Legislative robbery stherefore crime which
cannot be committed either by Congress any State Lers
aurc unless il be done in fiat rebellion to the fundamental
law of the land But if the Territorial governments have
this power then they have it without any limitation what
socver and in an the fitness of absolute despotism
They are omnpoen in regard 10 all their internal affairs
for they are soyereipns without constitution 10 hold
them in check And this omnipotent sovereignty is to be
welded by few men suddenly drawn tooetbcr from ali
parts Of America and Europe unacouainted with one
another and ignorant of their relative rights But if Mr.
Douglas is right those governments have all the absolute
power of the Russian autocrat. They NAV take every
kind property in mere caprice or for any purpose Of
ucre or malice without process OF law and without pro-
vidng for compensation The Legislature of Kansas
lifting at Lecompton or Lawrence NAV order the miners
give up every gold that dug at Pixies
Peak ii the authorities Of Utah should license a band
{ marauders to despoi the emigrants crossing the
Territory their sovereign right to do so cannot BIO
questioned. A new Territory may be organized
which Southern men think should be devoted to
the culture of cotton while the people Of the North are
equally certain that grazing alone the proper business to
be carried on there If ono party by accident by force
or by fraud has majority In the legislature lie
are taken from the planters and If the other set gains
political victory it is followed by statute to plunder the
grazcrs Of their cattle Such things cannot be done by
the federal nor by the governments of the
states: but If Mr. Douglas is not mistaken thew can be-
done by the Territorial governmental L not every wav
better o wait until the new inhabitants know
and one another until the nocy of the Territory settled
by some experience and above all until the great mowers
az SOVEREIGN state arc regnlarv Conferred mon them
and properv limited 30 "a 10 the abuses
which ALWAYS accompany Unrestricted mower in human
handsP
m ). -, .,., -, -.
hm,d hro no ann , IaS, a WINCH mi poug1ss
rosnu navs usen e ,S , hin 40 overlook. inc
pa nv I'LL, ai,I ..on y, .ac Leuvui eoscrnment,
s t ncrd NJ D, t hy,s r .h =, sne coun
Esns th es - ; Ts . AN. ~ sne case On
should MOI no Getcrnnod Nv ans, ~ o'aSe,y
;,hnn, or;nc 20 ,ha ,nhoo &c. se uouy
1911. " ",aee VI .uo PeoPo an oppor