Kanawha Valley star. [volume] (Charleston, Va. [W. Va.]) 1856-1861, 1859-10-31
II. IRGINIA. MONDAY, OCTOBER 81 1850 2aS

government Is to enable the people 70
have Z Territorial Legislature for them
selves, to make laws for themselves. sub
lject to Che Constitution upon an sub
llects eftectilg persons and property
II Congress retain to itself the right 10
supervise these laws. why the necessity
iof q Territorial legislature at al. why
mot Congress constitute itself q National
Legislature forall the Territories, and abol-
ish;an Territorial government. 4
II Congress has the supreme right'tb
legislate for the Territories, thsnFso far
as the Territories are concerned. ours IS
q consolidated government. Then We
have the anomaly Of = government: part
Ily federal and partly consolidated with
out any Constitutional power,in the Ter
ritories. to project themselves against the
llegislationsof Congress. IL Is not then 4
Republic as tothe Territories, but con-
solidation. RI
Was il ever heard Of that free people
had two legislatures 2? The right TO SUI
lpervise implies the right to repeal The
fright to repeal one act Of a legislature,
implies the right. to repeal every act of
the legislature. This is to strip the Ter
ritorial legislature Of all power 10 make
laws for the people, and hence. the PEG.
Epie Of the right to govern themselves
But it is answered that Congress only
Iclaims the rightto supervise their laws
upon the subject Of slavery. Congress
1only claims that right to-day: toEmor-
row it win claim the right to supervise
Eother laws. Whatever right Congress
has on this subject, il derives from the
Constitution, and, il the Constitution
has given Congress any such supervisory
powers, there il. no clause found in the
Constitution limiting these powers To- the
subject of slavery. Congress having the
fright to appoint territorid Governor and
Judges the Governor may veto tie laws
| of the Territorial legislature, but after
passing. approved BY him or two thirds
lof the legislature, they cannot after that
be supervised, amended OF repealed BY
any legislative power upon earth. Hun-
constitutional, that question Is referred
to the courts Of the countrys il constitu-
tional. the courts must enforce them. II
| is the duty Of Congress to aid the people
of Territcry.in forming their Territori-
| al government, by appointing q Governor
and Judges for them. in order that there
may be Territorial Legislature, 10 pass
laws. TO punish crime and preserve prop
lerty. We are not to presume that any
public functionary viii do wrong. That
Congress viii neglect this duty. Or the
| Territorial legislature will abuse their
powers. In failing to punish crime and
preserve property. But Congress has
no right To dictate q code Of laws for the
Territory upon any species Of property
and for the punishment any crimes, these
are powers not delegatedto the general
lsoFernnient, butexpressly retained to the
people. Congress. by forming the Ter
ritorial government. admits that the peo-
pie have a right TO legislate for them
selves; because, the object Of forming the
government. was to put them in aposi-
ton to legislate for themselves, which 4is
an admission that Congress has no right
TO legislate for them. 4
Now. if Congress can legislate for the
Territory upon one subject. then may il
legislate upon all subjects, affecting. the
life, and limb. and property, and liberty
Iof the citizen. We cannot dictate TO leg
Eislatiye power. the subject. and object,
and limit Of its Legislation, other than they
are confined within constitutional r..
strietions, IL
I It Congress have the right to dictate q
slave code fora Territory It also hasethe
right to withhold any such code. The
right 70 iegislate one way implies the
right 20 legislate the other. The object
Of legislation - to provide for a'peoPle
good laws; which will conduce most %
their happiness and prosperity. How
can Congress know the wants Of q people
Tfarremoyed from Them, aud not represents
led by any vote upon the floor of Con-
gress. But could It ever have been the
purpose Of the Constitution. So unWisely
TO take these powers from the Territories
and throw them aponi Congress /? Its
intentions must be governed BY its Ian
guage. Il provides that !" Congress
shall have power To make all laws neces,
sary and proper for carrying into effeci
the foregoing powers. " having enunier-
ated them, ito exercise exclusive leg