Mr. STEWART. I am compelled to differ from the Senfrom Maryland upon the question of law which he last discussed, and to concur fully with the Senfrom NewYork. I think if there is anything well settled I have had several occasions to examine it it is that a legislative body clothed with the authority to make laws has not the power to delegate that authority. The Constitution has vested the legislative power in Congress, andhas given Congress no authority to delegate that power. The question has arisen inman of the States and has been thoroughl consi cred, and the decisions are uniform. t arose in California some ten ears ago, where an actwas passed making thp ocation of several county seats de endcut upon a vote of the people. It was hel that the act of the Legisature was void, that it had no authority to delegate its power of legislation. I have a case before me where the same question was decided in NewYork, and I desire to call the attention of the Senfrom Maryland to this case, in which the law is stated very clearly. It is the case of Barto vs. Him rod, 4 Sclden’s Reports, page 483. I will read the syllabus: "The act establishing freeschools throughout the State was unconstitutional and void. for the reason that the fact of its being a law was made to depend upo“Lnatwhes rmesuusltt of a popular vote. be enacted by the legislative bodies to who in ths legislative powgr is committedby the constitution. Hey cannot divest themselvesof the responsibility of their enactmentby a reference of the question of their passageto their constituents." The syllabus states the case very well, and in the opinion of the court several decisions to the same effect are cited. In examining the question on aformer occasion I found that laws had been passed in many of the States submitting different propositions to the co le, and they ad been, think, uniformly cl b the courts to be unconstitutional and void. X very obvious reason is that if such a practice is allowed it becomes impossible for the people to know after a lapse of time what the law' is, it existing in pure and not in the statute book. Then it is delc ating to an irresponsible body the power of ilegislation. I have no doubt upon that consideration, if there were no other, that this act of retrocession is absolutel void, that the retroccssion of that portion of the District was not in fact made even if Congress had the power to make it. Although Congress may not have li’ad the power to ccglc away a portion of the District, still the existence of this act leaves us in confusion; the courts are embarrassed the question is a disturbing one. Courts always hes itate before they undertake to declare a law unconstitutional, particularl where it refers to territorial jurisdiction. 'hey are much irr clined to follow the legislative dept; and I think it important that the e islntive dept should declare itself clear y uppn this question and resume jurisdiction and there is no doubt um the courts will follow it, and that will end the whole controversy in 8‘ short time. If it is left to a long course of loose litigation, in which no party is specially interested, if'it is left to individuals to‘contest it when it is the duty of Congress to legislate directly, great evils may ensue. I believe this bill is a good one and should pass.