Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-16

! thinks that territorial legislature is compe-
tent to take it away. We say, No; the SUI
preme legislative power Of sovereign State
alone can deprive man Of his property.
/ This proposition is so plain. so well estab-
I,hed, and so universally acknowledged, that
any argument in its favor would be mere
waste Of words. Mr.. Douglas does not deny
il. and il did not require the thousandth part
of his sagacity to see that it was undeniable-
lie claims flr the territorial governments the
! right Of coniisca;inS private property on the
! ground that hose governments ARE SoreTctgn-
| have an uncomfortable and Independent power
over all their internal affairs. That is the point
which he thinks is to split the Democracy and
I mpale the nation. But it is so entirely GRO
ucor,s, that it must vanish into thin air as soon
As it comes to be examined.
\ territorial government is merely provision
al and temporary. 1t is created by Congress
: for the necessary preservation of order and the
purposes of police. The powers conferred upon
i: are expressed i'll the organic act, which Is the
charter of its existence, and which may be
changed or repealed at the pleasure Of Con-
.-rcsS. In most OF those acts the power has
been expressly reserved to Congress Of revising
the territorial laws, and the power TO repeal
them exists without such reservation. lhiS
was asserted in the case of Kansas by the most
| distinguished Senators in the Congress OF lSJ6
The President appoints the Governor, Judges
and all other officers whose appointment is not
otherwise provided for, directly or indirectly
by Congress. Even the expenses of the terri
toral government are paid ont Of the Federal
Treasury. The truth is. they have no attribute
of sovereignty about them. The essence of
sovereignty consists in having TO superior
| But territorial government has superior in
the United States Government. upon whose
pleasure it is dependent for its very existence
/ in whom 1t lives, and moves and has its being
who has made and can urmakc il with Il
| breath.
Where docs this sovereign authority to de-
privc men OF their property come from ms
transccndcnt power, which even despotS are
cautious about using and which consllt'l-
| tional monarch never cXcrcises-h0w does 1t
get into Territorial Legislature: Surely 1t
| does not drop from the clouds: it will not he
! contcndcd that it accompanies the settlers, or
exists in the Territory before its organization.
Indeed it is not TO thc people, but to the gov
crnmcnt Of q Territory, that Mr. Douglas says
| il belongs Then Congress must give the
power II, the same time that it gives the Terri
torial Government. But not Il word OF the
kind Is to he found in any organic act that ever
was framed It is thus that Mr.. Douglas ar
I gtlrncnt runs itself out into nothing.
| But if Congress rovM pass Il statute en-
prcsSly 10 give this sort of power to the Terri
torial Governments. they still would not have
| it for the Federal Government itself does not
possess any control over mems property in the
! Territories That such power does not exist
! in the Federal Government needs no proof :;
3 l. =. n. -.
besides, established by the solemn decision Of
! Congress. By the assent OF the Executive, and
| by the direct ratification Of the people acting
! in their primary capacity at the polls. In
addition To all this, the Supreme Court have
deliberately adjudgcd it to he an unalterabe
I and undcniabr rule Of constitutional law.
/ This acknowledgment that Congress has no
/ power. authority Or jurisdiction over the sub
! icct, literally o5Iiyes Mr. Douglas to give up
/ his doctrine. or else to maintain it by asserting
that power which the Federal Government
does MT j,osssss may be gjfen By Congress 10
! tie Territorial GOrcrMmtm. The right to
abolish African slavery in 4 Territory is 80:
! granted BY the Constitution to Congress; it is
| withheld. and therefore the same rs if express
Is prohibited. Yet Mr. Douglas declares that
Congress may give it to the Territories. Nay,
! he goes further and says that the TOht Of the
power in Congress is the ctry reason why it
can delegate ii the general rule, in his opin
! ion being that Congress cannot delegate the
powers it possesses, but may delegate such,
/ ''and only SUCH as Congress cannot exercise
under the Constitution" By turning to pages
! $50 and J2l the reader will see that this
founding proposition is actually made, not in
Jest or irony, but solcmnly, seriously, and, no
! doubt, in perfect good faith On this prnci-
pie, as Congress cannot exercise the power to
make an s.r post tacto law, or law impairing
the obligation of contracts, therefore il may al-
thorzc such laws TO he made by the town
councils of Washington city, or the levy court
Of the District. II Congress passes an act TO
hang man without trial. it is void, and the
Judges will not allow it to be executed; but the
I power to do this prohibited thing can be con-
stitutonally given Ivy Congress to a Territorial
/ Legislature!
We admit that there are certain powers be-
! slowed upon the General Government which
arc in their nature judicial or executive. With
them Congress can do nothing, except TO see
that they are executed by the proper kind Of
officers. 1t is also true that Congress has GER
tain legislative powers which cannot be 'le!ega
ted. But Mr. Douglas should have known that
|
lonyed to either of these classes. hut about
legislative jurisdiction tstally forbidden to the
Federal Government and incapable Of being
delegated for the simple reason that it does not
consli,ulionally exist.
Will anybody say that such power ought,
as a matter of policy, or for reasons of public
safety, to bc held by the provisional govern
mcnts of the Territories? Undoubtedly, no
e. Ioc,
can deliberately reflect on the probable conSe-
qucnces without deprccating them.
This power over property is the one which,
in all Governments, has been most carefully
guarded, because the temptation Ia abuse it is
always greater than any other. 1t is there
that the subjects of limited monarchy watch
their King with the greatest jealousy. No Re-
public has ever failed to impose strict limta-
tons upon it. All free people know, that if
they would remain free they must compel the
Government to keep its hands off their private
property; and this can be done only by tying
them up with careful restrictions. Accordingly,
our Federal Constitution declares that mo per-
son shall be deprived Of his property except by
due process Of law and that private property
shall no. be taken for public use without just
compensation" 1t is universally agreed that
THIS appIlcS ohiy 10 uie cNcTciSe oi Tic power
by the Government Of the United States. We
are also protected against the State Govern
IHcn;s by similar provision in the State Con-
stitutionS Legislative robbery is therefore a
crime which cannot bc committed either by
Congress or by any State Legislature, unless it
be done in fla; rebellion to the fundamental law
Of the land. But il the Territorial Governments
have this power, then they have it without any
limitation whatsoever, and in all the fullness of
absolute dcSpotsm. They arc omnipotent in
regard to all their internal affairs, for they are
s0cytigas, witIonta Constitution tel oH them
in check And this omnipotcnt sovereignty is to
be welded by q few men suddenly drawn toge-
thcr from all parts Of America and Europe I'M
acquainted with one another, and ignorant of
their relative rights But if Mr.. Douglas is
r;nht thnsn nnyrrnmcnis harn all the abs olIItn