Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-06

foi the protection Of persons anc proper'! III
the territories of the Union must depend Oh
and result from Congressional authority
The remaining question which suggests it
self is must Congress in all cases provide
these laws by direct enactment, or may not
C,,.ress delegate their enactment to assem-
br.s convened in the territories, aid at all times
suinect 10 Congressional control and correc-
tio;:.
In the language OF the Constitution. would a
law. drlegating certain powers of Legislation 10
Il territorial legislature, be necessary and pro-
per-" 10 the execution OF the power 10 ADMIT "
new State. That this delegation Of power -
necessary" cannot admit ola d"uo'-he'essa.
~ 10 facilitate the settlement oil un'ec"peu
lanls-necesssrv to disembarrass CONCESSIONS!
deliberations of many minute AFFAIRS wnich 1t
womb, he very difficult to arrange by Congress
Sioual cuactmcnt--accessary to give Inc resi-
lcn.s of = territory Il convenient mode OF procc-
d,,ro towards the organization Ola STATE govern
mont when Congress shall find cXpedient and
,u,borisc such organization. Is such ade.csa-
,o:. Of powers proper Z. is it constitutions
nj? Mr. Douglas, himself, has been able to dis
cover but one objection 20 al attempted dciega
tion Of tho legislative powers of Congress. As we
have shown, that objection rest, entirely upon
Tie assumption that such attempted delegation
of powers may amount TO an absolute transfer
Of powers--to remuneration 10y Congress OF
its own co.l,,.,..'nnal powc:s and RESPONSE
bilitics. That ,lclegatlua w Congress al-
thorizins Il Territorial Legislature to enact
laws for the protection Of persons and property,
would not ncccssarily-nay, could not posi-
bly-lerogatc one jot or title from Congress
Sional power and authority, Is immediate
" evident. Congress, by the very statute
which creates smd empowers Terrific
ria, Legislature, limits the extent Of It's dcie-
gated powers and restricts the mode oil their
exercise. There is no obstacle to the enact
mcat, at any time, Icy Congress, Of rev re-
StrctionS, limitations ana directions. Con-
gross may, at any tiulc repeal territorial law,
just as Senator Douglas proposed, some time
since, to repeal the pro-slavcry enactmentS oil
the Legislature cf Ka,i,aS And should Tci-
ri:orial Legislature prove refractory or lnc";"-
pe,cnt, Congress may, at any tine, abolish 1t
altogether, simply By repeating the Congo
siosal statute which called it mo being.
This covers the whole ground! The a.; .:
Congress dclcsat;ns subsidiary Legislative o"-
ers to Territorial Legislature docs not in?4:
Congressional power or authority; but resc'S, :
to Congress the full measure Of authority a!''
responsibility with which the Constitution has
invested the Federal Legislature. This obviatcS
the only oJjcction, on the score Of Cons;tu-
tiouality or uncoas;itr;o"aity, which can arise
in any case, against tie delegation Of tne legs
lativc power Of Congress.
Hence We may safely conclude, that an ac'
Of Congress, dc!cgat;ns to territorial leelsla'
turc the authority to lcgsla;c FOR the pro'ec-
ton of persons and property, subject at a.
times to Congressional direction and correction,
is Law necessary and proper for carrying IN
to execution" the power Of Congress to admit
new States into tiis Union, and, as such, II is
strictly within the in,ent Of the letter and >l
rit of the Constitution.