The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1856-03-12

proofs OF its ascendency, that able and am
bilious men should enistinits service and vol
unteer to perform Offices in its behalf which
It's representatives would seorn TO perform
emselves--from the conviction that by that
path the honors and digntles Of the General
Government are to be secured. The Slave
holding interest owed il 10 honor and good
faith to resist the temptations which such
men might hold out for the reputation Of its
| obligations.
THE PLEA THAT CONGRESS HAS No POWER TO
PROHIBIT SLAVERY Il THE TERRITORIES
ILL., But il il urged that the original en-
actment Of the Missouri Compromise, by
which Slavery was prohibited from entering
q portion Of the Territory OF the L. s. was
violation OF the Constitution; that Congress
has no rightful power to make such prohi
/ bition, but that into any territory over which
! the Constitution is extended, the Shareholder
/ has right, by virtue Of its provisions, TO
take his slaves.
! In reply to this, we answer:
| First. That. whether the plea be true or
4 false, it comes too late; that the Slave
\ holding interest conceded the constitutional
1 ity Of the prohibition, By asserting to its en-
actment and aiding it by the votes Of It's rep
resentatives.
Second That if the plea were true, the
enactment was null aud void, BY reason Of
/ its unconstitutionality, and its repeal there
/ fore, was a needless ostentation OF bad
| faith and
Third. That the plea is not true, A4t is di-
rcctly contrary to the plain letter, as well as
to the spirit of the Constitution, and to the
uniform practice Of tho Government from It's
foundation.
The Constitution declares that I" the Con-
gress shall have power to make all needful
rules and regulations respecting the Terrific
ries or other property belonging to the Uni
ted States" This language is very plain
and very broad. II imposes no limitation
upon the power of Congress to make rules
and regulations respecting the Territories
except that they shall be such rs are ''nced-
ful - and this, Of course, il lies in the dis
erection Of Congress 70 determine. 1t as
sumes that power to legislate for the Terrific
ries, which are the common property OF the
4 mon, must exist somewhere and also that
1t may most Justly, and most safely, be placed
In the common government Of the Union.
The authority of Congress over the Terrific
res. therefore. without any other limit than
such II. It's Judgment Of what is ''needful''-
IF what viii best promote their welfare, and
that Of the whole country to which they be-
long may impoself Congress, therefore,
deem it expedent to make a rule and regu-
laton which shall prohibit Slavery from any
TERRITORY, we find nothing in the ConStltu-
ton which removes such u prohibition from
the sphere Of It's authority. The power Of
Congress over the Territories Of the e. >. is
as complete and Us full that possessed By
any State Legislature over territory belong
ing TO that State and if the latter may pro-
hibit Slavery withinits Territory, so may the
former also.
1t has been urged. we are aware, that the
rules and regulations which Congress il au-
thorized to make respecting the Territories,
are restricted to them regarded az property.
and that this clause Of the Constitution con
\ fers no governmental power over them what
ever. But this cannot lie so-because i j.
under this clause that Congress does govern
the Territories-that It organizes their Gov
ernmcnt- ana provides for their ultimate al
1 mi sion a. States. There is no other clause
of the Constitution from which this power OF
] Government can BE Inferred il unques
] tlonably exists, therefore, II must rest upon
this provision. But from whatever source it
may he derived, the authority TO govern ne
ce>sarily implies the right to decide what
policy and what laws will best promote the
welfare Of those on whose behalf that au-
thorty is exercised If Congress, therefore,
believes that the well being of the Territories
and Of the country at large will be promoted
I by excluding Slavery from them, it has, be-
yond MI question, the right thus 60 prohibit
and excludeit.
This view Of The authority Of Congress
over the Territories Of the L. s. is sustained
/ by other clauses If the Constitution. In the
ninth section Of the first article, it is declar-
ed that +" the migration or imaorta:ion Of
such persons. as any Of the States nor erist-
ing may think proper to admit, shall not be
prohibited by Congress prior TO the year
1905" This is not q grant Of power. On
the contrary, it is restriction imposed upon
power assumed to exist. The language of
the clause takes it for granted that Congress
had power to prohibit the migration and the
importation of Slaves--a power doubtless
conferred by the authority $50 regulate com
merce with foreign nations and among the
several States''-for, whether slaves are to
be regarded rs persons or property. com
merce OF necessity relates 70 both. This
clause ef the Constitution, therefore, impo
scs upon the authority Of Congress 70 pro-
hiblt the migration or importation Of slaves.
d specific and limited estricton--namely,
that this power should not be exercised over
any Of the States then erisiinq, and by still
stronger implication, over any Territories OF
the United States the exercise of its author
ity was unrestricted; and it might prohibit
the migration or Importation OF slaves into
them, al any time in its own discretion.
Nor do any considerations connected with
alleged rights of property in slaves, contra
vene the existence OF the exercise Of this au
thority. The Constitution does not recog-
nize slaves as property, III any instance or 10
any extent. In the clause already cited they
are called persons In the clause respect
ing their escape into other States, they are 70
be returned, not as property, but rs ''fugi-
tiyes from JUSTICE And in the apportlon-
ment Of representation and Of direct taxes, il
is provided by the Constitution that to the
whole number Of free persons, are to be ad-
ded three tfJhs of all other ''pcrsons." In