Year: 1859

is 10 De 1ound In an organic act that ever was
framed, 1t is thus that slr. Douglass argu-
ment runs itself out into nothing


But if Congress scoutd pass a statute express
ly to give this sort of power to the Territorial
governments, they still would not have it for
the Federal Government itself does not pos
scss any control over mems property in the
Territories. That such power does not exist
in the Federal Government needsno proof: Mr.
Douglas admits it fully and freely. 1t is, be-
sides, established by the solemn decision of
Congress, by the assent of the Executive, and
by the direct ratification of the people acting
In their primary capacity at the polls In adj
diticn to all this, the Supreme Court have de-
liberately adjudged it to be an unalterable and
undeniable rule of constitutional law. fss5s


This acknowledgment that Congress has no
power, authority, or jurisdiction over the SUBJ
ject, literally obliges Mr.. Douglas to give up
his doctrine, or else to maintain it by asserting
that power which the Federal Government
does not possess may be given by Congress to
the Territorial government. 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 express
ly prohibited. Yet Mr.. Douglas declares that
Congress may give it to the Territories. Nay;
he goes further, and says that the acdnt of the
power in Congress is the very reason why it
can delegate 1.-THE general rule, in his opin-
ion, being that Congress cannot delegate the
powers it possesses, but may delegate such,
''and only such, as Congress cannot exercise
under the Constitutionl' By turning to pages
$40 and 521, the reader will see that this as
founding proposition is actually made, not in
jest or irony, but solemnly, seriously, and, no
doubt, in perfect good faith. On this princi-
pie, as Congress cannot exercise the power to
make post facto law, or law impairing
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 without trial, it is void, and the
judges will not allow it to be executed; but the
power to do this prohibited thing can be con-
stitutionally given by Congress to a Territorial
Legislature -...~.-zr ,r-- .f-0f,
We admit that there are certain powers be-
slowed upon the General Government which
are in their nature judicial or executive
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.. Douglas should have
known that he was not talking about powers
which belonged to either of these classes, but
about legislative jurisdiction totally forbid
den to the Federal Government and incapa-
BILE of being delegated, for the simple reason
| that It does not c0IIstitatIona1fy exist.


Will anybody say that such a power ought,
as a matter of policy, or for reasons of public
safety, to be held by the provisional govern
ments of the Territories? Undoubtedly no
true patriot, nor no friend of justice and order,
can deliberately reflect on the probable conse-
quences without deprecating them. art


This power over property is the one which
in all governments has been most carefully
guarded, because the temptation to abuse it is
hon t.
that the subjects of limited monarchy watch
their king with the greatest jealousy Ne re-
public has ever failed to impose strict limta-
tions upon it. All free people know, that if
they would remain free, they must compel the
government to keep its hands off their private
property; and this can be done only by tying
them up with careful restrictions Accordingly
our Federal Constitution declares that emo
person shall be deprived of his property ex--
eept by due process of law and that "private
property shall not be taken for public use
without just compensation" 1t 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 committed
either by Congress or by any State Legislature,
unless it be done in flat rebellion to the funda-
mental law of the land. But if the Terrific
rial governments have this power, then they
have it without any limitation whatsoever, and
in all the fulness of absolute 6espotism They
are omnipotent in regard to all their internal
affairs, for they sovcreigns, ,cithout a con-
stitutiOn to hold them in check. And this ON
nipotent sovereignty is to be welded by few
men suddenly drawn together from all parts of
America and Europe, unacquainte6 with one
another, and ignorant of their relative rights.
But if Mr.. Douglasis right, those governments
have all the absolute power of the Russian
Autocrat. They may take every kind of prop
erty in caprice, or for any purpose of
lucre malice, without process cf law, and
without providing for compensation. 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 authorities of Utah should Ii
cense band of tfiarauders to despoil the emil
grants 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
cotton, while the epeople of the North are equal
| ly certain that grazing alone is the proper btsi


ness to be carried on there. If one party, by
accident, by force, or by fraid, has majority
in the Legislature, the negroes are taken from
the planters; and if the other set gains a po-
Iitical victory. it is followed by statute to
plumber the grazicrs of their cattle. Such
things cannot be done by the Federal Govern
mcnt, nor by the governments of the States /;
but, if Mr. Douglas is not mistaken, they can
be done by the Territorial governments. Is
it not every way better to wait until the new
I inhabitants know themselves and one another !;
until the policy of the Territory is settled by
some experience; and, above all, until the
great powers of sovereign State are regularly
conferred upon them and properly limited, so
as to prevent the gross abuses which always
accompany unrestricted power in human hands?


There is another consideration, which Mr..
Douglas should have been the last man to over
look. The present Administration of the Fed
eral Government, and the whole Democratic
party thfohghout the country, including Mr..
Douglas, thought that, in the ease. of Kansas,
the question Of retaining Or abolshing slavery