...that officer's duties. The statute also created an elected territorial legislature with power over "all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of the organic act."71 Pursuant to this authority, the Utah Legislature in...

...453, § 1 (Sep. 9,1850) (Utah). Both statutes extended the authority of the territorial legislature to "all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act," but neither ventured to say what was or was not consistent...

...territories before the Civil War, included a provision simply granting territorial legislative power over "all rightful subjects of legislation consistent with the Constitution of the United States. 'M6 The provision prompted one senator to quip that Congress had enacted a lawsuit, not a law.'7...