Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1859-09-21

en- bv Coaoress to the territorial government The
right to abolish African slavery in Territory is not
granted by the Constitution to Congress it is With
held and therefore the same as it expressly prohio-
tied. Yet Mr. Douglas declares that Congress may
give it to the Territories Nay; he goes further,
and saws that the acant of the power in Congress Is
the rerv reason why it can delegate h-thc general
rule, in his opinion being that Congress cannot del
cgate the powers it possesses but may delegate
such. land only such, as Congress cannot exercise
under the Constitution" By turning to pages 52O
and 52l the reader will see that this astounding
proposition is actually made, not in jest or irony,
but solemnly, seriously and, no doubt, in perfect
good faith On this principle, as Congress cannot
exercise the power to make &c post tdco law, or
law impalring the obligation of contracts, there
FORE it may authorize such laws to be made by the
town councils of Washington city, or the levy court
of the district If Congress passes an act to hang
a man without trial. it is void, and the judges will
not allow it to be executed; but the power to do
this prohibited thing can be cOnstituOnay given
by Congress to territorial legislature!
We admit that there certain powers bestowed
upon the general government which are in their ma
ture judicial executive. With them Congress
can do nothing except to see that they executed
by the proper kind of officers. 1t is also true that
Congress has certain legislative powers which cam
not he delegated But Mr.. Douglas should have
known that he was not talking about powers which
belonged to either of these clases but about leg
iSlative jurisdiction totally forbidden to the federal
government and incapable of being delegated for
the simple reason that it docs not conStutiOnally
exist
Will any body say that such power ought, as a
matter of policy for of public safety to
be held by the provisional governments of the Ter
ri:orics? Undoubtedly no true patriot nor no friend
of Justice and ORDER deliberately reflect the
probable consequences without deprecating them.
This power over property is the one which in all
fc hog hoar ho-
cause the temptation to abuse it is always greater
than any other. 1t is there that the subjects of
limited monarchy watch their King with the great
est jealo,Sly No republic has ever failed to impose
strict limitations 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 be done only by tS ing them
up with careful restrictions. Accordingly our fell
eral constitution declares that mo person shall be
deprived of his property except by due process of
law" and that private property shall not be taken
for public without just compensation" 1t is
universally agreed that this applies only to the ex-
ercsc Of the power by the government of the Uni
ted States. We also protected against the State
governments by similar provision in the State con-
stitu;ions Legislative robbery is therefore crime
which cannot be committed either by Congress
BY any State legislature, unless it he doEe 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 whatsoever and
in all the fulness of absolute deSpotsln. They
omnpoten in regard to all their internal affairs for
they are sorereigns, aithout constitution to hold
| them in check. And this omnipotent sovereignty is
| to he welded by few men suddenly drawn togeth-
from all parts of America and Europe unac1uan-
ted with another and ignorant of their relative
rights. But if Mr.. Douglas is right, those govern
| meats have all the absolute power Of the Russian
| Autocrat. They may take every kind of property
IN of Or m
c', without process of law, and without providing
| for compensation. The legislature of Kansas, sit
| ting at 1ecOmpton or Lawrence, may order the mi
ners to give mp every ounce of gold that has been
dug Pixies Peak. Ifthc authorities of Utah should
license band of maraudcrS to dcSpoilt he nsrants
| crossing the territory their sovereign rights to
do so cannot be questioned \ new Territ, ry 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
is the proper business to be carried on there. If
one party, by accident, hy force, or by fraud has
minority in the legislature the negroes are taken
from the planters; and if the other set gains pc
tica victory, it is followed by statute to plumber
the graziers of their cattle Such things cannot be
! done by the federal government nor by the govern
mcnts IF the States; but, if Mr. Douglas is not mis-
TAKEN they can be done by the territorial govern
ments. Is it not every way better to wait until the
| new inhabitants know themselves and one another;
experience and above ALL until the great powers of
sovereign State regularly conferred upon them
! and properly limited, so as to prevent the gross
abuses which always accompany unrestricted power
| in human hands?
There is another consideration which Mr.. Douglas
should have been the last man to overlook The
present Administration OF the federal government,
and the whole democratic party throughout the
country, including Mr.. Douglas, thought that in
the Of Kansas the question of retaining or
abolishing slavery should not be determined by any
representative body without giving to the whole
mass of the people an opportunity of voting on it.
Mr. Douglas carried it further, and warmly opposed
the constitution denying its validity because
othcr and undisputed parts of it had not also been
submitted to popular vote. Now he is willing
that the whole slavery dispute in any Territory and
all questions that arise concerning the rights of
the people to that other property, shall be decided
at once by territorial Legislature, without any SUBJ
mission at all. Popular sovereignty in the last
Congress meant the freedom of the people from all
the restraints of law and order: now it means
government which shall rule them with a rod of
iron. 1t swings like pendulum from one side clear
to the other.
Mr. Douglass opinions on this subject of sover-
eign territorial governments very singular; but
the reasons he has produced to support them are
infinitely more curious still. For instance, he shows
that Jefferson once introduced into the old Congress
of the confederation plan for the government of
the territories, calling them by the name of " new
States" but not making them anything like sover-
eign independent States; and though this was a
mere experimental project (which was rejected by
Congress- and never afterwards referred to by JEFF
lerson himself yet Mr. Douglas argues upon it as fit
had somehow become part of our fundamental law.
Again: Hesays that the States gave to the federal
government the same powers which as colonies
they had been willing to concede to the British
government and kept those which as colonies they
had claimed for themselves. If he win read COM
mon school history of the Revolution, and then
look at Art l, 8, of the constitution he will
! find the two following facts fully established: l.
That the federal government has "power to lay and
collect taxes, duties mposts, and excises;" and,
O. That the colonies before the Revolution, utterly
refused to be taxed by Great Britain; and so far
from cnncadincr