The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1859-09-23

va uoi-ols l"i tI0 pIlFlleBe Oh SelllDS them Tree.
Here, then, is species of property which
Is OF ftranScendent importance TO the material
interests Of the South-which the people OF
that region think it right and meritorious in
the eyes ofGod and good men to hold-which
is sanctioned by the general sense of all man
kind among whom il has existed-whch was
legal only short time ago in all the States
OF the Union, and was then treated as sacred
by every one of them-which is guaranteed
to the owner as much as any other property is
! guaranteed by the Constitution and Mr..
Douglas thinks that Territorial Legislature
is competent to take it away. We say, No
the supreme legislative power of sovereign
State alone can deprive man OF his property.
This proposition is so plain, SO well establish
ed, and So universally acknowledged, that any
argument in It's favor would be mere waste
OF words. Mr.. Doug las does not deny it, and
II did not require the thousandth part of bis
Sagacity to see that it was undeulable. He
claims for the Territorial government the right
OF conhscatlng private property on the ground
that those governments ARE S0vereign-have
/ an uncomfortable and independent power over
all their internal affairs. That is the point
which he thinks is to split the Democracy and
lmpale the nation. But IT is so entirely erro-
neous, that it must vanish into thin air as soon
as II comes to be examined.
! A Territorial government is merely pro-
viSlonal and temporary. 1t 5 created by Con-
gFeSS for the necessary preservation of order
and the purposes of police. The powers con-
ierred upon it are expressed in the organic act,
which is the charter of its existence, and
which may be changed or repealed at the pleas
ure OF Congress. In most of those acts the
power has been expressly reserved to Congress
| otrevising the Territorial laws, and the power
to repeal them exists without such reservation.
This was asserted in the case of Kansas by the
most distinguished Senators in the Congress of
/ 1886. The President appoints the Governor,
Judges, and all other officers whose appoint
| ment is not otherwise provided for, directly or
| Indirectly, by Congress-. Even the expenses OF
/ the Territorial government are paid out of the
Federal treasury. The truth Is, they have no
attribute OF sovereignty about them. The es
sence OF sovereignty consists in having no
superior. But Territorial GOV oyeInment has
superior in the United Stats Government,
upon whose pleasure it is dependent for its very
I existence--in whom it lives, and moves, and
has its being--who has made, and can unmake
| If with b-eath.
prive men of their i-~~ereign anihsority to de-
ranscendent power, Which, even de.t;y.- This
/ cautious about using, and which a constitutional
monarch never eXerclSes-how does II get into
Territorial Legislature! Surely it does not
| drop from the clouds it will moi be contended
! that it accompanies the settlers, or exists in
the Territory before its organization. Indeed
| it is not to the people, but TO the government
of Territory, that Mr.. Douglas says it be-
longs. Then Congress must give the power at
the same time that ii gives the Territorial gov
ernment. But not word OF the kind is to be
found in any organic act that ever was framed
1t is thus that MIR. Douglas argument runs it
self out Into nothing.
But il Congress U0utd passIa statute expressly
| to give this sort OF power TO the Territorial
governments, they still would not have It for
the Federal Government itself does not possess
any control over mems property IN the Terrific
rleS. That such power does not exist in the
/ Federal Government needs no proof Mr..
Douglas admits it fully and freely. 1t is, be-
| sides, established by the solemn decision Of
| Congress, by the assent of the Executive, and
! by the direct ratification OF the people acting in
their primary capacity at the polls. In ad di-
/ ton to ali this, the Supr eme Court have delib-
erateIy adiudged it TO be an unalterable rule of
constitutional law.
! THIS acknowledgment that Congress has no
power, authority, OF jurisdiction over the subject,
literally obLiges Mr.. Douglas 10 give up his doc
trine, or else to maintain it by asse rting that
power which the Federal Government does moi
| possess may be giUen by Congress to the
! rTT. ! -
African slavery in Territory is not granted
by the Constitution to Congress it is withheld
and therefore the same as if expressly prohibit
ed. Yet Mr.. Douglas declares that Congress
NAV give II to the Territories. Nay; he goes
I further, and says that the tUaRt of the power in
Congress is the very reason why it can dele
gate 1.-THE general rule, in his opinion, being
that Congress cannot delegate the powers ii
possesses, but may delegate such, "and only
such, as Congress cannot exercise under the
Constitution :" BY turning to page $40 and
521, the reader will see that this astounding
proposition actually made, not in jest or irony
but solemnly, seriously, and, no doubt in per-
feet good faith. On this principle, as Congress
cannot exercise the power to make an ca
} post tdctO law, or law lmpairlng the obligation
OF contracts, therefore it may authorize such
laws to be made by the town conncils o
Washington city, or the levy court OF the dis
trict. II Congress passes an act to hangia man
without trial, it is void, and the Judges will moi
allow it TO be executed but the power TO dc
5 :his prohibited thing can be constltu!onally
: given by Congress to Territorial Legislature
r We admit that there are certain powers
l bestowed upon the General Government which
; are in their nature judicial or executive. Witt
them Congress can do nothing, except TO set
t that they are executed by the proper kind o
t officers 1t is also true that Congress has Ger
tam legislative powers which cannot b.
: delegated But Mr.. Douglas should have kowr