Mexican letters written during the progress of the late war between the United States and Mexico, no. 1.Brackenridge, H. M. (Henry Marie)
History
Mexican letters written during the progress of the late war between the United States and Mexico, no. 1.
Brackenridge, H. M. (Henry Marie)
Mexican War, 1846-1848; United States -- Politics and government -- 1845-1849
Under the territorial government, the territory has no vote in
Congress, and no representation in the Senate, although allowed
a delegate on the floor of the House of Representatives, with
the liberty of speech, but without the right to vote. The
territories of Louisiana, Missouri, and Florida, had their own
legislatures, retained their own laws, and enacted new ones, but
in this case, subject to the repealing power of Congress. They
had also their own judiciary, with the exception of the Judges
of the Superior Court, who, together with the Executive, were
appointed under the organic law by the President of the United
States; that organic law, emanating from Congress, and which was
for the territories, what State and United States constitutions,
were for the States, might have given the power to the
territories to elect their Governors and Judges, as well as
their Legislators. This was in the pleasure of Congress, which
had acquired the rights of the former sovereign, and might
exercise it under the _limitations_ of the Constitution, not
because it was extended to the acquired territories, but as a
restraint on Congress in its own sphere of action; and whatever
Congress was expressly forbidden to do generally, it was
forbidden to do in any case, unless the exception was express.
The organic law or territorial constitution, extended the great
prerogative writs of _habeas corpus_, _mandamus_, and _quo
warranto_, for the benefit and safe guard of persons, property,
and religion of every citizen. The Government of each territory,
as to all local subjects of legislation, was as completely at
their own hands, as any of the States. But has not Congress
power of regulation over local subjects? I do not find it in the
Constitution, excepting over its real or moveable property. The
District of Columbia stands on an anomalous principle; and
besides, in respect to that district, Congress acts in two
distinct capacities: first, in its general character of a
legislature for the whole Union; and secondly, as a local
legislature for the district; and in this respect, the other
States, have no more right to interfere, than they have a right
to interfere with each other. Its local legislation, must be
directed by its local wants, with which the people of
Massachusetts or New York, have no concern.
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