Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1860-04-20

Suppression ofI'0lysaEny i'm Utah
Remarks Of Mr.. PRxoR an the Eouse q
Representatives., april I'd, 1860.
Mr.. Pryor. Mr. Speaker, the bill repor-
ted by the committee, If liable to criticisn,
in some Of its details is exempt, | think,
from any essential objection on the scorce OF
principle; and this opinion | hazard, not
outstanding the adverse authority Of gentle
men for whose Judgment entertain the
highest respess..
In the first place, sir, am obliged to dis
sent from the theory propounded by the hon
orable member from Louisiana, (Mr. Tay-
lor;) theory Of territorial relation which
involves denial of the paramount jurisdic-
tion of Congress over the territorial Deepen
denotes Of the United States. II his doctrine
be correct, and Congress have no authority
to legislate directly on the domestic interests
of tie Territories, then indeed is this bill,
and every other measure of equivalent eff
feet, an unwarrartable usurpation Of power.
But how, sir, car any man maintain that
position? Is it not admitted. .that the terri
torial governments derive their being aud
validity exclusively from the act Of Con-
gress? They are not the spontaneous crea-
ton Of an autonomous power in the people
Of the Territories; for, if they possessed an
original and inherent right Of self govern
ment, they would be sovereign communities
instead of subordinate dependencies or a
superior authority. Whether from an ex-
press clause in tie Constitution, or by vir-
tue Of its function as the organism Of Fede-
raj legislation, Congress obtains jurisdiction
over the Federal domain. For purposes of
convenience, it may employ the instrumen-
Ftality Of a territorial government in the dis
charge of its trust; but Congress cannot ab-
dictate its power ever the Territories, nor re-
nounce tire obligations of it's constitutional
duty.
Wkeneyer therefore, its interposition is
invoked by the public interest, and permit
ted by the Constitution, Congress is obliged
to correct the errors and to repair the oms-
sions of the Territorial Legislature. And
this control Of Congress over the Territories
subsists to the last moment of this terrtori-
al existence; insomueh that it may supervise
and annul the organic law Of an ineipient
State. This theory, sir, Of congressional
power is sustained by the uniform policy Of
the Government. Innumerable examples of
intervention attest the right Of Congress- to
legslate directly on the interests Of the Fer
ritories. An inyariable reservation of pow
er to ratify or to repeal the acts Of a Terrific
rial Legislature; dissipates every doubt as 10
the paramount authority of Congress over
the territorial dependencies Of the ccnfele-
rate States.
The honorable member from. Louisiana
(Mr. Taylor) comedies that the territorial
government is the creature Of Congress.
He admits, too, that Congress may, at its
discretion, annul the organic act of Terri
tory. On what principles. then, Of logical
consistency, does he deny that Congress,
which may thus ordain complete system Of
Government for Territory, is incompetent
to enact single measure of Legislation for
that Territory? And if he admits the pow
er Of Congress to annul the organic law Of &
Territory annihilating at one blow all the
functions and faculties of its existence-how
can he contest the right Of Congress to re-
peal particular provision Of the territorial
government? Sir, the honorable member
cannot sustain himself in the position which
he occupies. Either he must affirm the dog
ma q squatter sovereignty, costendirg Tor
an original and inherent power OF self gov
eminent in tie Territories, in ccntrayeution