The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1858-09-30
For the Gate City.

MKssRs. Eprroas: Judge Trumbull Ia ono
Of the most effective stumpers in the land.
His style is in no respect infsmmable and ex-
plosive, but clear, COOL, logical and convinc-
ing. He is not offensive or insulting, bnt
concliatory and gsntlemanly.
His speech on Saturday last, at Warsaw,
exhibited these traits Of character in clear
view, and made favorable impression on
his auditors.
He1showed the fallacious position Of Judge
Douglas In Congress on popular sovereignty,
and that the Judges position on that ques-
ton, there, was this that the people Of
Territory, when they formed constitution
and State government, might inhibit Slave
ry.
Mr.. Trumbull examined the argument of
Judge fancy in the bred Scott case on the
power of Congress over Slavery in the terri
tories, and ridiculed the argument of the
Court in the following manner:
"Slavery cannot be prohibited in the ter
ritories, because they we're acquired by the
blood and treasure of the whole country,
and consequently belong to all the people of
the United States, ana must be held for the
common benefit or the shareholders and nom
slaveholders.'
avery WE'LL" says Trumbuli. "The site
of the White House was acquired by the
blood, and the building erected by the trea-
sure Of the whole country, and consequently
must be held for the benefit of the whole
people. A yankee goes down and bivouacs
in the Presidents private apartment; or a
slave drover encamps with his gang in the
East Room, and inasmuch as each has an in
terest in the building, because the treasure
Of the whole country, Of which he is part,
was expended upon the house, this is Iegit-
innate use Of the Presidents mansion, for
each man may say how he will enjoy his
share or interest,""
This was complete and fair reductio ad
absurdum Of the argument that slaves may
be taken to territory which belongs to the
whole country, because each man has right
to enjoy his interest in the territory by taking
his property with him.
Judge Trumbull acknowledged that Con-
gress had no right to make discrimination
between the different sections of the coun-
try unfavorahle to any, but said that it would
not be discrimination to place an univer-
sal interdict on slave property, and prohibit
Buckeye and Carolinian, Sucker and Mis-
sourian, from taking their slaves into ter
ritory.
Probably the Judge would say, also, that
Congress might prohibit yankee taking a
cargo Of rattle-snakes and copper heads
into territory and turning them loose but
to what extent this power goes, and whether
it is unlimited, SO that Congress may pro-
hibit immigrants taking horses, cows, sheep,
&C., into territory, the Judge did not say.
But as he derives the power from that clause
of the Constitution which says, Congress
shall have power to make ALL needful rules
and regulations respecting the territory and
other property belonging to the United
States," probably he thinks the power un-
limited, and its exercise in the discretion of
Congress entirely.
If this be true, there is a large field for
tyrannical legislation. But there is large
number OF Dom ocrats who deny that this
clause gives Congress power to provide a
government for the people of the territories.
Their argument is like this, viz This clause
says that Congress has power to make all
needful rules and regulations respecting the
territory and other property. Now, this
phraseology shows that the Constitution con-
tempated including in the term territory
nothing but land, and not the people on the
land, and gives Congress power to survey,
grade and sell tho soil, and not to provide q
government for the people.
This class Of people think Congress has
power to provide government and laws for
the peopie Of territories, but it is a power
arising by the necessity of the case, cut Of
the power to acquire, and extends no farther
than tho necessity, and ceases with the me-
cessity. They acknowledge that it is neccs.
sary to have territorial government organ.
| lied, courts established and officers appoint.
| ed, an hence Congress may do these things
but they deny that it is necessary to prohibit
any kind Of property going there, and hence
the power TO prohibit does not exist. Per.
haps il would not be easy to make this dis
tinction entirely reasonable, but il is 10 de
MED, il is hard to say how far the power Il
| govern extends, and that it 10 limited.
| hoped to hear an argument on this poin
from the strong mind Of Mr.. Trumbull.
Is there any one who will volunteer log
ical answer to this argument, and derive
power to prohibit Slavery either from neces
si.y or from this clause Of the Constitu
ton. j. Il.
There has been so much published on thi
subject, that We cannot hope 10 add anythin
new, but will, nevertheless, submit romar
or two upon the difficulty suggested above.
/ The men who made the Constitution, an
whoy from circumstances and position, wer
more capabie Of knowing what it meant thar
the men OF our day, regarded it as conferrin
full power on Congress over the Territorie
Of the United States. And in pursuance 0
!. that power those very men organized ioeu