The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1858-09-29
Por the cate CITY.

For the Gate City.
Power OF Congress ever shc Terri
MEssRs. EDrroRs: Jadge Trumbull II one
Of the most elective stumpers in the land.
His style il 10 70 respect inaAmnable and OK
plosive, but clear, cool, logical and convinc-
ing. He il NOT offensive or insulting, but
conciliatory and gentlemaply.
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 qaes-
ton, there, Was this: that the people Of
Territory, when they formed constitution
and State government, might inhibit Slave
ry.
Mr.. Trnmbull examined the argument OF
Judge fancy in the bred Scott case on the
power Of Congress over Slavery in the terri
tUElts, uBu TtutCutuu ~ SuuShs ~ S~S
Court in the following manner:
.Slayery cannot be prohibited in the ter
ritories, because they were 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 Of the shareholders and non
shareholders"
every weli,n says Trumbull. "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
slave drover encAmps with his gang in the
East Room, and inasmuch as each has m In
terest in the building, because the treasure
Of the whole country, Of which he is part,
was expended upon the house, this IL a legit-
innate use Of the Presidents mansion, for
each man may say how he will enjoy his
share or Interest,"
This was complete md fair reductto dd
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-
i gress had no right to make discrimination
between the different sections of the conn-
try unfayorabie TO any, but said that il would
! 4 x:,.ce IN v,laan n rpivpr.
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 q yankee taking o
cargo of rattle-snakes and copper heads
into territory and turning them loose; but
to what extent this power goes, and whether
it 10 unlimited, so that Congress may pro-
hibit immigrants taking horses, COWS, sheep,
&c., into territory, the Judge did not say.
But as be 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.
II this be true, there is large field for
tyrannical legislation. But there IL large
number OF Democrats who deny that this
clause gives Congress power to provide o
government for the people Of the territories.
Their argument il like this, viz This clause
says that Congress has power to make all
needful rules and regulations respecting the
territory aud other property. Now, this
phraseology shows that the Constitution cons
templated including in the term ferritort
nothing but land, and not the people on the
land, and gives Congress power to survey,
grade and sell the soil, and not to provide Z
government for the people.
!, This class Of people think Congress hal
! power to provide government and laws fol
: the people OF territories, but it is . power
d arising By the necessity Of the case, out o
9 the power to acquire, and extends no farthe
Au"A' wy hSeS5Sity1 nhu SVonSS Wssh enU Lay
e cessity. They acknowledge that it is neces
: sary to have u territorial government organ
lied, courts established and officers appoint
ed, and hence Congress may do these thing,
hu. they deny that it is necessary to prohib
any kind Of property going there, and hcnc
. the power to prohibit does not exist. Pei
= hars it would not be ensy TO make this di,
sinction entirely reasonable, but if it is d
. MED, it il hard to say how far the power
govern extends, and that it 10 limited.
" hoped to hear an argument on this poi
from the strong mind Of MIR. Trumbull.
Is there any one who will volunteer lot
re- ical auswef to this argument, and derive
use power TO prohibit Slavery either from nece
cir sity or from this clause Of the Constit
in ton. j. r.
he There has been 90 much published on Il
10. subject, that we cannot hope:o add anytbil
new, but will, nevertheless, submit rsma
or two upon the difficulty suggested above.
The men who made the Constitution, al