Staunton vindicator and general advertiser. (Staunton, Augusta County, Va.) 1858-1860, 1859-09-23

tor freely admits that Congress has no ju-
risdiction over the subject, but persists in
his theory that the territorial legislature has
received that power from Congress, and
even procEaiEls that ''the aoant ofthe power
in Congress is the gerry reason why it can
delegate it" and cites few cases where
powers which Congress is incapable Of ex-
orcising, bat which it may delegate to in-
ferior bedies, to prove that,. as a general
frule, it cannot delegate such powers as are
vested in itself, but .'only such as itcannot
exercise Under the Constitution. This
monstrous proposition, which Is calculated
tie startle any man capable Of Distinguish
ing betSeen logical sequence and log,ii-
cal absardity, cut of his boots, is seriously
propounded by grave Senator of the Uni
ted States, and argued at length with much
ingenuity and plausible sophistry.
The following extract shows the way in
which Judge Black handles and exposes the
exquisite absurdity of the Senator's propc-
sition: @ ss2 rs 93 hes
This Acknowledgements that Congress has
nv power, authority, or jurisdiction over
the subject, ossiges Mr.. Douglas to give ,lp
his doctrine, or else maintain it by asserting
that power which the Federal Government
does moi possess may be giives by Congress
to the Territorial Goaeyan,ent. The right
to abolish African slavery in a Territory is
not granted By the Constitution to Congress;
it is withheld, and therefore the same as If
expressly prohibited Yet Mr.. Douglas
declares that Congress may give it to the
Territories. Nay; he goes further, and
says that the scant Of the power in Congress
is the every reason why it can delegate ii
the general rule, in his opinion, being that
Congress cannot delegate the powers It pos
sesscs, but may delegate such, and only
such, as Congress cannot exercise under the
Constitution p By turning to pages $50
and 521 the reader will see that this as
founding proposition is actually made, not
in jest or irony, but soleinnly, seriously,
and, no doubt, in perfect good faith. On
this principle, as Congress cannot exercise
the power to make an er post .facto law, or
. law inpairing the obligation Of contracts,
therefore 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 man with
out trial, it is void, and the judges will not
allow it to be executed; but the power to
! do this prohibited thing can be constitution
ally given by Congress toa Territorial Leg
1islaturo
We admit that there are certain powers
bestowed upon the general Government
which are in their nature judicial or execu-
tive. With them Congress can do nothing
except to see that they are executed BY the
proper kind Of officers. It is also true that
Congress has certain legislative powers
which cannot be delegated. But Mr.. Dou-
glas should have known that he was not
talking about powers which belonged to
either Of these classes, but about a legisla-
tive jurisdiction totally forbidden to the Fed
eral Government, and incapable of being
delegated for the simple reason that it does
not constitutionally exist.
Will anybody say chat such power ought
as matter Of policy, or for reasons Of pub
lic safety, to be held by the provisional gov
ernments of the Territories :? Undoubtedly
no true patriot, nor no friend of justice and
order, can deliberately reflect on the proba-
bic consequences without deprecating them.
This power over property is the one
which in all governments has been most
carefully guarded, because the temptation
to abuse it is always greater than any
other. Il is there that the subjects of a
limited monarchy watch their King with
the. greatest jealousy. No republic has
ever failed toimpose 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 pri-
vate property and this can be done only
by tying them up with careful restrictions
Accordingly our Federal Constitution de-
clares that mo person shall be deprived Of
his property except by due process Of law, I"
and that "private property shall not be
taken for public Use without just eompensa-
tion." It is. universally agreed that this
applies only to the exercise of the power
BY the Government Of the United States
We are also protected against the State
governments by similar provision in the
State constitutions. Legislative robbery is
therefore crime which cannot be commit
ted either by COMPRESSOR by any State Leg
islature, unless it BE done in Eat rebellion
to the fur damental Law Of the land. But if
the Territorial Governments have this pow
er, then they have it without any limitation
whatsoever, and in all the fullness of abso-
Lutte despotism. They are omnipotent ii
regard to all their internal affairs, for they
are sovereign, a0ithout constitution to hold
them IN check. And this omnipotent SOW
ereignty is to be welded by few::men sud-
denly drawn together from all parts of A.
merica and Europe, unacquainted with one
another, and ignorant Of their relative rights.
But if Mr.. Douglas is right, those govern
ments have all the absolute power Of the
Russian Autocrat.s They may take every
kind of property in mere caprice, or for any
purpose Of lucre or malice. without process
of law, and without providing for compen-
sation. The Legislature Of Kansas, sitting.
at Lecompton or Lawrence, may order the
miners to give up every ounce of gold that
has been dug at Pixies Peak. If the au-
thorities of Utah should license band of
marauders to d5spoil the emigrants crossing
the Territory, their sovereign right to DO
SO cannot be questioned. A new Territory
may be organized, which Southern men
think should be devoted to the culture Of