The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-09-21

Territorial Legislature, or any other body of
men whatsoever, any power which the Con-
| stitution has vested in Congress. In other
words: Fiery potrer conferred on Congress
by the Constitution must be exercised by Con-
gress in The mode prescribed in the Constitu-
tion.
Let us test the correctness of this propo-'
stion by reference to the powers of Congress
as defined in the Constitution:
"The Congress shall have power 'aHt!ai
| "To lay and collect taxes, duties, imposts,
and excises,' etc;
ITO borrow money on the credit of the
United States;'' ..-.r 4. .E-.rf .r
ITO regulate commerce with foreign ma
tions," ETC.; = 2"t ,-'H.--.--s -lFs'
ITO establish Uniform rule of naturaliza-
tion,' etc.:
"To coin money, and regulate the value
thereof" L.. .r...... .,f. .f ....... ' iran
1 "To establish Post Offices ani post roads;''
"To constitute tribunals, inferior to the Su-
preme Court .s,.,g, a4f.e..s s.,,- 40, = yr-
| "Fo declare war;" etc.
ssTo provide and maintain a navy" 4"
! This list might be, extended so as to en-
brace all the powers conferred on Congress by
| the Constitution; but enough has been cited
! to test this principle. Will it be contended
that Congress can delegate any one of these
| powers to Territorial Legislature or to any
tribunal whatever Can Congress delegate
| to Kansas the power to "regulate commerce."
or to Nebraska the power "to establish uni
form rules of naturalization or to Illinois the
power "to coin money and regulate the value
/ thereof" or to Virginia the power s:to estab-
| lish post Offices and post-roads?' -t. SOS
! The mere statement of the question car
ries with it the emphatic answer, that Con-
gress cannot delegate any power which it does
possess; but that every power, conferred on
| Congress by the constitution must be exer-
/ cised by Congress in the manner prescribed in
that instrument. "a A' ID l'HftF''i .
On the other hand, there are cases in which
/ Congress may establish tribunals and local
| governments, and invest them with powers
! which Congress does not possess and cannot
| exercise under the Constitution. For instance,
Congress may establish Courts inferior to the
Supreme Court, and confer upon them the
i power to hear and determine cases, and rem
! der judgments affecting the life, liberty, and
property of the citizen, without itself having
the power to hear and determine such cases,
/ render, Judgments, revise or annul the
1 same. In like manner Congress may insti-
tute governments for the Territories, COM
posed of executive judicial and legislative
department; and may confer upon the Gov
ernor all the executive powers and functions
of the Territory, without having the right to
/
/ itself.
/ Congress may confer upon the judicial de-
apartment all the judicial powers and func.
l'tions Of the Territory, without having the
right to hear and determine a case, or render
a Judgment, or to revise or annul any decis
ion made by the courts so established by
4 Congress. Congress may also confer upon
the legislative department of the Territory
certain legislative powers which it cam OF it.
self exercise, and only such as Congress car
not exercise under the Constitution. Tn,
powers which Congress may thus confer bu
can not exercise, are such as relate to the do
mestic affairs and internal polity of the Ter
ritory, and do not effect the general welfare o
the Republic. ! g
/, This dividing line between Federal and Lo
+ cal authority was familiar to the trainers o
the Constitution. 1t is clearly defined an(
, | distinctly marked on every page of histor,
! which records the great events of that i'm
Y mortal struggle between the American Colo
nies and the British Government, which re
. suited in the establishment of our nationa
independence. In the beginning. of tina
Z struggle the Colonies neither contemplate,
e nor desired Independence. In all their ad
: dresses to the Crown, and to the Parliament
and to the people of Great Britain, as we'll, a
to the people of America, they averred that
|
!, causes which .impelled their separation from
5 the parent country. They were strongly an
r. affectionately attached to the Constitution
Z civil and political institutions and jurispru
= denceof Great Britain, which they proudl
S claimed as the birth-right of all EnglishmeI
and desired to transmit them unimpaired a
o a precious legacy to their posterity. For
long series ofyears they demonstrated agains
. the violation of their inalienable rights o
c self-goverpment under the British Constitu
b ton, and humbly petitioned, for the redres
e of their grievances. -.--,.-. . e., ...,,,.,..
: They acknowledged and affirmed their allie
? glance to the Crown, their affection for th
0 people, and their devotion to the Constitution
] of Great Britain. and their only complain
4 was that they We're not permitted to enjoy th
J rights and privileges of self-government, i
the management of their internal affairs AM
domestic concerns, in accordance with Tth
s guarantees of that, Constitution and of tn
S colonial charters granted by the Crown in pun
: suance of it. They conceded the right of tn
= Imperial government to make all laws an
: perform all acts concerning the colonie:
J. which were in theiI nature Imperial and no
II Colonial-which affected the general welfar
r. of the Empire, and did not interfere with tn
: 'internal polity" of the Colonies. They re
= cognized the right of the Imperial government
n ney and determine its value; to make treatie
IS aud conduct intercourse with foreignnations
,f to regulate commerce between the several co
IS onies, and between each colony and the PAL
n ent country, and with foreign countries; an
is in general they recognized the right of til
e Imperial government of Great Britain to e,
5 ercise all the, powers and, authority which
e under the Federal Constitution, are delegate
l. by the people of the several States to tn
l. governments of the United States, LAY3i
le Recognizing and conceding to the Imperi;
le government all these powers including II
le right to institute governments for the col.
y nies, by granting charters under which tn
g. Inhabitants residing within the limits of an
D. specified Territory might be organized into
At political community, with a government col
D. sisting of its appropriate departments, exec,
D. tive, legislative, and Judicial; conceding a
se these powers. the colonies iemphatically d.
10 MED that the Imperial government had al
Of rightful au thorty to impose taxes upon the
without their consent, or to interfere wit
y their internal poliiy; claiming that it was IL
IS birth-right of all Englishmen-inalienab
le when formed into a political community 4
re exercise and enjoy all the, rights, privilege
s. and immunities of self-government in respe
IT tn all matters and things which were Loc