The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1857-12-12

Csl. Dssasa = - Dss1 sesss Dseisasa,
/ A 8ttskis tblished from Bentek "a
George 1oberteob, who was memboe Of
CongFess from Kentucky ct tho TIM thu
Missonri Compromise passed Congress- and
who ~ BEEN writing series Of artictot ID
the Astiosei 111elli0sscsr u condemnation
Or ito repeal. IT
| We make some extracts from this letter Of
Col. Benton for the benefit Of the Dsmocra-
Toy Of the North west, with whom Col. Ben.
ton has become unpopular, simply because
he would mot 60 SO Tar for Slavery extension
~ suited their views, or rather the views Of
their masters the slayeholdsrs Of the South.
Let them read what follows from their old
/ This decision-that part Of It which re-
latss to the nnllity Of the compromise act,
and to the self extension Of the constitution
to terrjt9ries-is the heayicst political blow
that ever fell upon my heart, and left me in
= state Of total impossibility Of remaining
silent under il. ! view it a. you do--ss
dreadfully wrong in itself, and entirely en-
trajudicial, and Of no more weight than the
opinion of any half dozen equally respecta-
BILE citizens coming to the same conclusion,
Tin much paTt) upon inconsistent, incompat-
ible, and contradictory reasons. That COM
promise was political enactment, made by
the political power, for political reasons,
and these reasons among the largest that ever
| inf hsss, Ia - ~ -.
to reconcile divided and distracted country
and to prevent our sacred Union from split
ting asunder. Al such political enactment
the court had NO right to judge it, even II
tho question had come fairly before it,
which it did not; for the judiciary cannot
judge political questions, neither Of right
nor in fact; for these questions depend upon
considerations of policy which the Judiciary
cannot touch, and not upon the interpreta-
ton OF phrases, to which the court 10 con-
fined. The same of the self-extension Of
the constitution to territories; it was po-
litical question as to what thst constitution
should extend; and it was limited by its own
words to states; and has been 10 acted upon
by every Congress, and by all authorities,
Estate and federal, Legislative, executive and
judicial,) from the commencement of the
federal government to the present day. And
venture the assertion that there has not
been a single member of Congress, in the
seventy years in which Congresses have been
held, who has not voted for objects in the
territories (local internal Improvements for
example) which they would not vote for in
State; and upon the express ground that the
constitution did not extend to territories
The ordinance of 1877 was the territorial
constitution, given to territories as SOW
ereign gives charter to his subjects; and as
such was made in concert with the constitu-
ton, as you all well say, and indispensable to
the formation of the constitution; and as
such was provided for-doubly provided for
in the new government; first, by the clause
in the constitution which devolves all the
"engagements" of the Congress Of the con-
federation upon the new federal Congress !;
and, secondly, by the act Of the new Sen-
gress of August It'll 1789-the eighth act
passed by the first Congress under WASH
ngton-adopting that ordinance to the new
constitution, and adopting it in every word
which it contained Us law Of the govern
ment.
So ~
But in this political decision, in which the
supreme court acted upon a question beyond
its jurisdiction, and lugged it in as tail to
question of negro freedom, and in which it
decided upon a view Of the constitution
which had no more to do with it than the ad-
ventures of Robinson Crusoe, and then re-
versed the action of the government for sew
enty years, and made q new constitution in
all that relates to territorial legislation; in
such case have felt it to be my duty, as
one of the few survivors Of the old school,
to raise my voice against it, and to appeal to
the candid intelligence of my fellow citizens
to come to the defense of our constitution,
such as our fathers made it, and us it was
administered for two generations; !. ~.
1t is long time since we saw each other;
and what is called politics have suddenly run
down since that time, and especially in the
last presidential term, presenting but little
for the attraction Of any man who has moth
ing but the public good in view; but here is
a question of new kind, national and ele-
waited on which all who are for the consti-
tuition as our fathers made it, and as they
administered it in their day and generation,
and as the next generation administered it,
(and that without distinction of party or de-
fault of man. may come together and
stand. FOR ONE, CAN GIVE NO PO-
LITICAL AID OR COMFORT TO ANY
MAN OR PARTY, IN ANYFUTURE ELEC-
TION, WHO SHALL UPHOLD THE OPIN-
ION OF THE SUPREME COURT IN DE-
CLARlNG THE NULLTTY OF THE MIS-
souri, C COMPROMISE; AND IN DECREE
ING THE SELF-EXTENSION OF THE
CONSTITUTIONAL TERRITORIES CAR
RYING SLAVERY WITH 1T, AND PRE-
VENTING CONGRESS AND THE PEO-
PIE OF THE TERRITORY FROM SAY
ING YEA OR NAY TO IT'S INTRODUCE
TION OR REPULSION.
Let honest Democrats consider well the
views of one who was, not many years ago,
their trusted oracle, councillor and leader,
and who would still have continued to be so,
had they not preferred to follow blindly
the lead of the nulli6ers and slavery propa-
gandists who ruled Pierce's administration,
and who now demand that people of Kan
sas shall submit to have q constitution i'm
posed upon them against their consent. The
Northern Democracy cannot always follow
the lead of these men; let them pause now,
and act upon the principle which appears in
capitals at the conclusion of the foregoing
extracts Gate City. u
More Signs Of Distress Among the Democracy.
1t is a fortunate circumstance for the
country, that Senator Douglass senatorial
term expires next year, and that he rightly
considers failure to be reelected as ex-
Guiding him from consideration in the Sc
lection of q presidential candidate in 1860.
Under the illumination Of the fact, he real
ICES there is a north, and is indicating re-
spect for northern opinion that he has here
tofore been sadly wanting in. His paper in
Illinois, whose people he has first to meet,
not only stands out vigorously against the
Calhoun constitution for Kansas, but repu-
dates with severity the new slavery dogma
broached by the Washington Union, that
States cannot exclude Slavery from their
borders without the consent Of every own
er of negroes. The Chicago Times de-
nounces this doctrine as ga bold and infa-
nous attempt to destroy the democratic
party" and as doctrine ssutterly hostile to
the democratic platform, and destructive of
state sovereignty and national union" The
northern democracy have got stomach full
of negroes now; and we do not wonder they
object to taking in any more. If the new
cOncOctiOn ia forced nnnn tho,o looL o,t Co.