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

which vests the power TO legislate for the terri
! tories in any body whatsoever, except in Con
Yes. The clause Of the Constitution which
empowers Congress 80 make all laws which
shall he necessary and proper" TO prepare the
! way Toy the execution of the Congressional
! power TO admit new States into this Union, full
~ authorizes Congress 10 lcoiSlatc for the terri
tories, or 10 authorize such legislation by as
semblcs convened in the territories, and main
taincd at al times in suhccliom 10 Concrcs sonal
control.
3rd. Congress Cat; confer no judicial power
Whatsoever. Congress can only establish and
institute Courts. and all the powers conferred
! on these Courts are Immediately conferred by
! express provisions Of the Constitution ITSELF
Hence, Mr.. Douglas argument Of analogy be-
twccn judicial and legislative powers falls at
once to the ground. II the Constitution con.
tarcd provisions, ycstiny the legislative powers
( OF territory in some body, olher than Con
srcs:, rs it vests MI judicial powers i'll the
( Courts: il the Constitution restricted Congress
} To the mere Institution and establishment oI
/ territorial assemblies rs it ,loes restric, trIi-
grcs, To the mere establishment and institution
| OF Conrts anl if the Constitution went on Ia
define what should be the legislative powers u
territorial assemblies aS il does define the
Judicial powers Of thc Courts, then, AID then
only, cnrld Mr.. Douglas find constitutional
AUTHORITY inr hiS theory Of territorial snvc.
reicnty As ii is, he can find none
IT'LL 7'i,al tl.c relations of the colonies oi
Great Britain 10 the mother country furnish 10
jus, rule BY which to ascertain the relations Of
The territories belonging to this Union TO the
States which compose the Union. The rrspcc-
tiyc rigit, ol t!Ic colonies and the mcthcr coun-
t;y ,m.t he decided By reference to tllcr char
tcrs aItl 10 tl,c British Constitution. Tie re-
>pcc.ivc rights of our Tcrritoric, aud States
must lie decide, t. reference lpav,ry different
;iis,rumln,--.'rc Constitution of thc lat'd
states
ur, il the colonies appcaic'! 10 any other
iiHan ! constitutional right. they appealed 10 a
fcrolrhenniy right. And if the right to ex-
clrc the Introduction Of slaves be natural
ani inalienablc right. Hhich the rcs:dcnts o! Il
Territory may justly ASSERT il 'lciiaucr oi con-
sitniohal law, by thcmcrc right Of sefalRtio',
the same right of revolution apncrtaia. 10 any
aggregate political ,loinc.'iciiy IN ~, of the
Southern states. Ii the residents ol Kansas
may righ.lully prch;bi, the holding Of sia,ys
by resort 10 revolution, may the ini,abita.ls
OF tic city Of Richmond.
In the following extract from the Sanford
letter, Gov. Wise has fully anticipated and con-
futcd Mr. Douglas Colonial argument:
whatever we're tie relations existing be-
tween the Cclorai'and mother Governments
prior to he Revolution; whatever powers the
Colonial Governors and Legislatures may have
possessed, whether yicc.gercDt or primordial.
whether imperial 1T MI, or belonging to the
crown, merely, or whether component Or indc-
pendent, in whole or II. part. Of Parliament; 4;
whether Parliament could tax without repre-
-cnt:tion, or 10 what extent discriminate in
legislation between the Colonies and the origi-
nal Kingdom, the Colonial relations bear no
analogy to our Territorial relations, are not the
foundation of them, and cannot be referred Ia for
argument either way, as 10 the power Of Con
crcSS on the subject unier discussion. Parlia-
iucnt was suprenic-Congrcss is not the Colo.
MICS were creatures Of Parliament-thc Terri
tories are o!lsprings Of deeds OF cession, and Of
prohibitions, created hv independent States,
Il, /, in In
fined parts, by an agent of Con(cdcracy. The
Colonies were ,eithout and GjroLd to tie. mo
thcr country; the Territories are rifhjn and Z"
Aon.. 10 the United States 4 part Of their clni
ncnt and useful domain, within cUtcrlninolS
jurisdiction, and regulated in all their relations
by the same instrument which defines the State
relations themselves. The Colonies were 90
vcrncd by :cry vague tradition of common
law, and the Territories are governed by avery
novel and definite charter OF federal relations
among sovereign States. which lave reserved
all powers 10 themselves which they have moi
granted expressly toa common national Govern
mcnt by u written Constitution; and orr Terri
tories are no! known TO the common law. Int
they are expressly comhteh Newscire' to'H The
ronftdtTG'l .NG!,s.
9TH. We have no; space nj present to enter
into detailed examination Of the ''JclferSOnlan
plan 1t is sufficient to say that whether it
was called compact or by any other name,
il was simply IN act of the Congress Of the
confederation; and, like all other acts, it was
subject at any time 10 he repealed or amended
by the body which made ii. Whatever pow
cr> it extended 10 the territories, and whether
i; described those territories as 'rew States or
otherwise, the powers extended were mere de-
Ic::::atcd powers, since the Congress could at
any time repeal VI amend the act which au-
tiio,ize,l their exercise, and thus restrict, cor
rect, aunuI or abrogate that exercise at any
lnoncnt. Thus, even the old Congress Of the
Confederation reserved to itself, &C neccssitate,
tl.c same power to lcgislate for the government
Of the territories which VIC now claim for the
Congress "f the United States.
9TH. Had NJ Ilalson's proposal to authorize
Congress to destitute temporary governments
for the territories, been inserted in the COnstl-
tution, still Congress would have been perfectly
aec t. control territorial legislation. There was
80 proposal that Congress should be restricted
~ the institution Of any one form Of govern
mcn., nor was there any proposal for the dcfin
ton Of the exact powers to be awarded to such
territorial government. The form Of govern
rnent Il, well as the extent Of its powers and
the manner Of their exercise would still have
been left to Congressional discretion, under th'
provision which authorizes Congress ITO make
all laws necessary and proper for carrying int
execution the foregoing power.
imd. whatever question may have arisen II
guc.l ease, - To the extent Of the powers o
Congress. snrh question cannot now arise, sim
ply because W.. NHJ;soas Prepo'1' ''as no
J.sr, -,isi