The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1859-09-24

Axae
=. y. - -. - =.
-:
olstng lheaa power yhieh - tdsral gcy-
Enlene doeA not posse1s nay ~ eivo1 ~
,eqgeees g e. Territorial GveGnmsak Ihe
tehtSo abolish Alricen slavery g Terri
oEy - hot granted ~ the eonodestisa ~
Jougreeg = = withheld, ard thseseoss tAs
ame - Il expressly prohibited. let III.
Deaglas declares that CcpEIe1s may give y
. ~ TsFlitosies. Nay, hetoes further, end
aye That the want OF the power q Congress
J TIE very reason why i cen delegate it,
he general raie being that Congress cannot
lelegAtt the IWers Il poepoeeeA bat may
leleGAte snch, sand only such, - Congress
,annoe ezsFcise under the constipation -
" 1Iming 70 pages 52O and 81, the reader
1iu - that this astounding proposition 10.
Ast1ally made, ~ in jest q irony, bat sol-
lmnly, and, no doubt, u, lpssfect good faith
D this principle, as Coaatsus cannot exer-
Cioe tie power to make an - poeg f1cte law,
or . ~ impairing the obli9n&ion Of Con-
tzacta, Aerefore il may Authorixe each laws
b be made BY the town councils Of Washing
ton cify. or The Lew Court Of the District
II Congress passes an act % hang man
without trial, il ID void. and the judges viii
net Allow Il TO be executed; but The power to
do this prohibited thing can be constitution
ally given by Congress TO Territorial Lag
ielstars, =
We admit that there are certain povsrs
bestowed upon the general eoyesument
which are in their nature judicial or execu-
tive. With them Conaress en- do nothing,
except to sec that thew are executed BY the
n a. = Al a
Conrreee has certain leeialatiye powers
~ should have known that be was not talk
inc ahout nowers which belonged TO either Of
thssa c|aases. but about lecislat,ye iurisdic-
tiDn to{alIv forbidden TO the federal govern
ment, and incapable Of being delegated for
the aimple reason that it does not constitu-
tionallv exist. 49,.
Wiliany body say that such q power ought
a. matter Of policy, or for reasons of pub
lie safety. to be held by the provisional gov
erpments of the Territories I Undoubtedly
NO true patriot, or no friend Of justice and
order. can deliberately reflect on the proba-
bio conseoues1ces without deprecating
them ia, ..D..t.
Tie over over property il the one which
in all eoyt rnmenss, has been most carefully
guarded, because the temptation to abuse it
II ALWAYS greater than any other. Ii is
there that the subjects of limited monar.
chy watch their king With the greatest ieal-
ousy. No republic haseyer failed to impose
strict limitation upon it, All free people
know hat il they. Would remain free they
must compel the, government to keep ifs
hands OF their private property, and this
can be dome only by tying them ND with
careful restrictions. Accordingly, our FEEDER.
al constitution declares that s'n0 person
shall be deprived of his property except by
due process of law, and that "private pro.
perty dhalI not be taken for public use with
out sust compensation Ii is universally
agreed that this applies only to the exercise
Of the power by the government of the UNI.
ted States. We are also protected against
the State governments by similar provision
in the State constitutions Legislative rob-
berry ia therefore crime which cannot be
committed either by congress or any State
Lepislature. unless It he done in Aatrebellion
10 the fundamental law of the land. But If
the Territorial governments have this power,
then thew have it without any Limitation
whatsoever. and in all the fulluess Of absolute
despotism They are omnipotent in regard
to all their internal affairs, for they are SOW
ereigns without constitution to hold them
in cheek And this omnipotent sovereignty
is to be welded by a few men suddenly
drawn together from all parts of America
and Europe, unacouainted with one another
anu ignorant Of their relative rights. But il
Mr.. Douglas ia rirht. These Governments
have ali the absolute mower Of the Russian
autocrat They NAV take every kind OF pro
pcrty in mere caprice. or for any purpose of
fucre or malice. without process OF law. and
without providing for compensation. The
Legislature Of Kansas. sitting at Ilecompt
or La vrence. may order the miners! To give
nm every ounce az cold that has been dug at
Pike sPeak, lfthe authorities of Utah sho d
license a band Of marauders 70 despol the
emigrants crossing the Territory. their SOW
ereign right 10 do SO cannot he questioned 49,
A new Territory NAV he organized. which
men think should be devoted 60 the
culture of cotton. while the, people Of the
North are equally certain that grazing alone
is the proper business TO be- carried on
there. Ifone party, by accident, by force,
or BY fraud, has a majority in the Leyisla-.
ture, the negroes are taken from the plants
ers; and ifithe other set gains a POLITICAL vie
tOrV. 1t lS followed by n statute to DlunueP
the graziers of their cattle 4 Such things can.
not Be done by the federal governments nor
by the governments of the State but if Mr..
Douglas is not mistaken. thew can be done
by thu Territorial Governments. IL it not
every way better to wait until the new in
know themselves and one another.
until the policv q, the Territory is settled
by some experience and, aboye all until
the great mowers Of L SOVEREIGN State are
regularly conferred ur,on them and pronerlv
limited 40 as n nrevant thu crosse abnses
which always a seom many unrestricted mower
in human hands @ 80
There is another consideration which Mr.
Doupks should have been the last man to
overlook. The present Administration of the
FEDERAL government and the whole demo.
,ratia nsrtv throuriout the country. inela.
linz liz DOUGLAS. Thought that in the case
# Kansas. the question of retaining or abol-
slavery should not be determined by
INV REPRESENTATIVES boiv without oiying to
he whole mass Of the people an opportuni-
" of voting ON i Air. Douglas carried Il
further, and warmly opposed the constitution
aenying even its validity. because other and
,ndisputed parts ofit had not also been sub
nitted tn n nonular vote Now he il vii
inc that tho whole slavarv d;ennto IN anu