Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-06
8itbmono enquirer.
BY RlTcnIE, mNYAvASr, TYLER Ytsf.
TUESDAY, sErrEnnua 6TS5e.
Senator Douglas Las: Essay on Territorial Gov.
crnmen. =

which are. from their nature. Incapable OF be.
ing delegated by Congress 10 any other govern.
mental iunctionary; therefore, oN the powers
thus vested in Congress, are constitutiona,ly
incapable Of being dclecatei IN any manner
whatsoever.
This palpablc ,.o:....4 4Vi:w is The foundation
store Of Mr. Douglas whoic argument in fs.
vor o! territorial sovereignty. And the llli-
nois Senator follows this IN with the conc!u.
sion that a.l those powers which Congress may
! coatdr on another governmental furctlonary,
are necessarily powers which Congress is con-
stitutionally ncapactated from exercising 10y
! its own immediate action.
The Senator exhibits some consciousness Of
b. attempting TO strengthen his conclusion by
another argument, which, on examination, is
found equally taaciou>. Look at it,
"0n the other hand, here are cases III which
Congress may establish tribunals and local 60
yernlncnts, and invest them with powers which
Congress does not possess and cannot exercise
under the Constitution. For instance. Congress
court and confer upon them the power 10 hear
and determine cases, and rnder Judgments ef.
fecting the life, liberty, and property Of the
citizen. w!thoat itself having the power TO hear
and determine such causes render judgments,
or revise or snnul the same. In like manner
! Congress NAV institute government. for the
; Territories, composed Of All cXecuu"c, judicial
and legislative department; and may confer
! a.. ,l,.. nd
functions Of the territory, without having tho
right 10 exercise anv che Of thcsc powers or
functions itself
Congress may confer upon the judicia! de-
partlncnt all the judicial powers ana iunctions
Of the Territory, wI;hou, having tho right 10
henr and determine 4 cauS", or render 4 judg-
mcnt, ~ 10 revise or arnul any decision made
bv the Courts 50 established by Congress -
Congress NAV also confer upon the Legislative
department Of the Territory certain Legislative
powers which il cannct itself excise, and only
under such aS Congress cannot exercise under
the Constitution. The power, which Congress
mav thus conftr, but cannot ,r,rc.se. are such
as relate TO the domestic affairs and internal
poity of the Territory, and do not affect The
general welfare of the Republic.
In other words Congress can coay,' JId:'
cial powers, but canno, exercise them. Why
Rsco4se Congress, being purely Legislature
body is cons,Itu,ionalIy incapable OF exercising
jpdjcMt powers. 1A,r!fort, adds Mr.. Douglas,
Congress is equally incapacitatet from eyer
cising itgisiatice powers such rs i, NAV con
fer on other fnncticnaricS. In other words,
Jeeo,iu Con.res, is incapacitatcd from cxer-
cising Judicial powers, it is equally incapaci'
tatcl from exercising certain legislative pow.
cr, Now, this is logic vh yengennce.-
Because, forsoo,h, heny lc9@iGLs. body.
Congress cannot exercise jadicih powers,
therefore Congress cannot exercise 'egistdt'rs
powers Oh, shade Of ARISTOTLE
Nor is the bad logic the only blunGcr nvo!'
ycd. Mr. Douglas evidently lahors Under tll'
impression that Congress may "roEffs' ''judl
cial powers" upon court Of justice Let the
Senator study the Constitution more closely,
and he will discover this to be gross error
The entire power Of every court constituth
mot t,0yortrnj hy Congrcss, is conferred Ola
such court, not bv ac, Of Congress but by tin
imiafIj,ttt opt,rfioa Of tie tohsttpt'0a x
,sit Turn over the leave, %. the Constitution.
and you will read in Article III. Sections
| and II.
The Judicial power O. the United States,
| shall be vested in one Supreme Court and ~
such Inferior Courts as the Congress may from
time to time ordain and establish
Thus the Constitution restricts Congress 10
the mere or,laining and establishment Of in
fcrior Courts; and by the operation OF the Con
stitution itself, all judicial power is rested in
the Courts Consres, has no judicial power
10 cont;r any more than Congress has judi
cial power 10 exercise
Nav, the Constitution doe, moi permit Con
cres, ersH 10 dedas the powers Of the Courts
The Constitution itself defines these powers, in
Article III, Sec. II
The judicial power shall extend 10 all cases,
! in law and equity, arising under this Constitu'
ton. the laws Of the United States, and treaties
made, &c. to all cases affecting Ambassadors,
, &c: 10 all cases Of Admiralty, &c.; 10 contro'
vcrsies to which the United states shall bo
party" &c, &c, Sc
Thus Mr.. Douglas may learn that Congress
cannot c9nytr Judicial powers. Aud, because
Congress cannot exercise, or delegate or confer
judicial powers is it logical to decide that Con.
/ rress cannot exercise and delegate legislative
powers:
Let Mr.. Douglas find in the Constitution
section regarding territorial government, SINH
lar to that whirh vests all judicial power IN
the Courts; let him find section which pro-
vides, The legislative power Of the territories
shall be vested in territorial assemblies, which
I Congress shall from time to time ordan and
/ establish" Then, and not ill then, WI! Dir.
! Douglas be able to make good his arguments
tive analogy between legislative md )naIc'a'
powers.
Mr.. Dougla. may learn yet another lesson
from the nerusal Of the above quoted sections
of the Constitution, lesso" which, Of 'tse!i,
DESTROYS his whole theorY Q! territoria! SOY.
e;,ntv lie may learn that the Courts estab'
I;sbcd by Congress in a Territory are United
States Cour;s-that the powers with which
these Courts are invested by the Consti-
tuition not By Congress- ere "6t terrific
y:H roptrs-bu, they are part and par
eel Of the judicial power Of the United
States" tha, Congress can establish no ether
sort Of courts. and that all courts established
by Congress, in a territory and out Of H. can
exercise no other powers than those WITH
which they are invested br the provisions o'
the Constitution itself; and tina, these powers
can be neither extended nor dlmnlsn'd og
Congress itself. much Ies, by territorial iesi-
laturc.
Enough for the present. Bu; wchaTo much
NOR. to say about this very 'i'msy essay.