Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-12-10
Colonel Benton on the Dred Scott De-
cisiOn.

hands 10 give our once tFSAi
Colonel Benton on the Dred Scott De-
cision.
If there be any characteristic for
which the colossal editors Of the Ga
zette are prominently distinguished,
il is their unrivaled power in olucidat-
ing the most occult legal principles
and reasoning on tic most complicated
OF Constitutional law. Yes
terday they published an extract from
Col. Benton's recent letter on the bred
scott decision, aud, at the same time,
eondcscended to encourage the old /
gentleman with the assurance that in |
the estimation Of the Messieurs San
dcrs he is "a lord student" After for
~ years political experience, thirty Of
hwich have been passed in the most
dignitied body in tie world, to be told
10y onc-horsc western editor that he
is "a hard student must be peculiarly
grateful TO the feelings Of veteran
statesman, 10 ascend however, from
the ridiculous TO the sublime, from the
Gazctte's leader To Benton letter, We
are willing that the Black Republicans
should ENJOY all the aid and comfort
they can draw from old Bullion's epis-
tie. Although Benton does not stand
ON the Democratic platform, his views
harmonic much more nearly with the
Cincinnati creed than with the Ere
mont Observation-Disclosures
dogmas. The Republican party has
but one solitary principlc-if principle
il may be called-and that is this
The Constitution declares that Con
gress shall have power to dispose Of
and make all ncedhl rules and regula-
tons respecting the territory and other
property belonging to the United
States ;" and under that clause per
uniting congress to sell, dispose OF, the
territory or prop rty belonging
to the Union, the Republican party
claim that Congress has right to pro-
hibit slavery in all the territories. The
Republicans profess to derive all the
power OF Congress to prohibit slavery
in the territories from that single clause,
and they conccde that no such power
exists, if that provision docs not confer
it. Let MS see what Benton thinks OF
that clause and the Black Republican
construction OF it. Here are his own
words
81 mean what say, when say Tho
Supreme Court had as well been look
ing into Robinson Crusoe as looking
into the Constitution of the United
States t1fnd the power of Congress
to legislate for the territories; for it is
not there, but in the ordinance Of 1887
"Thc ncedful rules and regulations
clause" as the Court said, gave no
power to govern the territories; il
only applied to property, and that the
property of the United States its terri
tory, that is, land, and its other prop.
erty, that Is, personal estate. 1t con-
ierred no powers OF government
Thus old Bullion distinctly disappro-
YES, condemns, and to borrow the cias-
sic phrase of Greeley, "cxccratcs, re.i-
les and spits upon the only plank in
the Fremont platform. If Benton be
"a hard student" his hard studies have
convinced him that the Democracy are
right in declaring, and the Republicans
wrong in denying, chat Congress has
no power under the constitution t
prohibit slavery in the territories
Upon that point the Democratic part,
and Benton strike hands. The oil,
statesman can never stultify himself b,
adopting the abolition vagarics o
Seward and Wilson and Jim Lane,
With regard to the declaration tina
Congress derives its powers to Iegislat
for the Territories from the ordinanc
of 81, we have only to say that w
regret that so experienceda man shoul
have been betrayed into so absurd
statement. This somewhat extraol
binary derivation of legislative power
was first minated by John Quinc
Adams some thirty years ago, but S
Ridiculous did it appear to all til
statesmen of that time, that no on
thought it worthy of retutation, bu
it slept undisturbed until some tw
years ago, when it was rcsurrected fo
the benefit of some cornered politician
1t is plain to most men that the ordir
nnSa .r'o- 49, ----si'..- "vcouse !
the language of Mr.. Madison, 9Th
Congress of the Confederation had nc
the shadow of a power to establis
territorial governments But eve
admitting that it were valid, we as
what has the act organizing the Mort
Western territory to do with Kansas @
Nebraska, New Mexico or Utah TIL