Arizona silver belt., 1885-10-03

[ l''AN~V VI AltNf VI "AANNiNJy .NA pANfNAN "
 without due process of law, nor shall private property be taken for public use without just considerations"
 The issue then is the validity of the information act.
 No question can arise before any court of "a more deheate nature than the validity of the act in question.
 The Legislative Assembly of Arizona
 is the highest legislative authority winch convenes within our Territorial ! limits. 1t has under the liberal gem
 eral laws of Congress concerning Ter r1tories, as much or more freedom in 1 leglslating, and as much or more power
 of legislsttan us has the legislature of
 any state in the Union. No state con
 Stitution limits its powers. Its acts
 are lawfwl so long as they are not
 iuimical to the constitution of the United States, or to the laws of Con l gress. 1 l. is, however, the duty of the courts 1 to declare its acts invalid, when they
 arc so beyond reasonable doubt. No
 mere belief, nothing but positive and
 an overwhelming conviction that a law is unconstitutional will justify an
 inferor or nisi prius court in declaring | it unconstitutional,
 ! Cooloy's Constitutional Limitations 134 ct seq
 l I am inclined to think that the In. l formation act is uuconstitutional and void, Congress itself, because of the fifth amendment, could not pass such a law, either to be operative generally,
 or to be operative only in some par.
 ticular locality, as, for instance, in
 Arizona. It would be a plain viola.
 ton or ahe language of the amend
 ment, which all authorities eonoede is
 binding npon Congress.
 Barron vs. The Mayor and City
 Council of Baltimore, Peters 247,
 It seems reasonable to suppose that
 what Congress cannot do, 1t cannot au-
 thorize a Territorial Legislature to do.
 In other words that it cannot indirect, 1 ly by creating Territorial Legislature l do that which it cannot directly do. | am led to this belief principally through the opinion of c. J. Fancy in
 Drod Scott ys, Sanford, 17 Howard 1 l73, reiafsrced by the opinion of Judge
 Daniel in the ease of Webster vs. Reid
 l2 Howard 437, and by the opinion of
 the distinguished law writer J. N.
 Pomeroy, in his work on Constitutional
 Law, 3l7.
 The first eight amendments to the constitution of the United States are commonly known as the Bill of Rights.
 They were passed at the same time,
 and it will be conceded that all or none
 of them are binding upon the Terri. ttrial Legislatures.
 Says C J. Fancy in the case above cited,-Dred Scott vs. Sandford, IF Howard e3y:
 .'3'The power of Congress over the person or property of citizen can never be a mere discretionary power under the Constitution and form of Government The powers of the Gov ernment and the rights and privileges of the citizen are regulated and plain. ly dciined by tke Constitution itself. Ana when heterritory becomes part Of the United States the Federal Cow ernment enters into possession in the
 character impressed upon it by those who created It. IL tenters uunn it with its powers over the citizen strictly de. 1 fined and limited bg the Constitution, from whIch it derives it's own existence,
 and by virtue of which alone it con tinue5 10 exist and act as a government
 and sovereignty.
 IL has no power of any kind beyond it; and it cannot, when it enters ter. ritory of the United States, put off it's Ieharacter, and assume discretionary or despotic powerg which the Constltu-
 ton has denied to #.
 | It cannot create for itself new
 character separated from the citizens 1 of the United States, and tue duties 1t { owes them under tho provisions of the 1 CoHgtitution,
 { Tie territory being a part of tho Un1ted States, the Government and ] the citizen both enter it under the au- ! thority of the Constitution with tbeir ] respective rights dehued and marked ! out and tho Federal Government can
 exarciso no power oFer iais person or property, beyand what that instru, l ment confers, nor lawfully deng any 1 right which it has reserved
 { A reference to a few of the provi- sions of the Constitution will illustrate tbis proposition
 1 For example, no one, wc presume, will contend that Congress can make
 any law in . territory respeetinsy tho establishment of religion or tbe free ! exercise thereof, or abridging the free dom ofspeech or Of the press, or the 1 right Of the people of the territory < peaceably 10 asseiubie and 10 petition
 tho Government for the redress oi { grievances Nor can Congrsss deny I ta fhe tsaSy3ln fAe yditht "a 4nptt anfi