The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1859-07-06


We had occasion on our return voyage
from Des Moines to assert, in the presence
Of several dignitaries of the Locofoco party,
much to their establishment and horror, that
every statesman of the past and present age
Of oil parties, including Stephen A. Douglas,
had admitted that Congress possessed SOW
ereign power over the territories Of the
United States, and that the people and the
Legislatures of the territories could only ex-
erclse such powers as were conceded to them
by act of Congress. As there seems to be
great Misrepresentation on this subject with
the public, and even with politicians who
should be better informed, we propose TO
make number Of quotations from the pub
lished sentiments Of the most prominent
statesmen Of the country since the forma-
ton of the Constitution.
We commence with the great Mogul Of the
Squatter Sovereignty forces, Senator Dou-
glas himself. He said in the Senate of the
United States, during the debate on the Hale
amendment, upon which many prominent
Senators spoke:
hold that no such thing as sovereign
power attaches to territory while terrific
~. hold that q territory possesses what
ever power it derives from the Constitution
UNDER THE ORGANIC ACT, and no more.
hold that ell the power a Territorial Legis-
lature possesses 10 from the Constitution and
It's amendments, under the act of Congress,
and because hold that, denied last wear
rf ~rst ~
consent OF Congress, could assemble at Le-
compton and create an organic law for the
people.
Read that carefully, ye squatter sovereigns;
ponder it's statements, an dolearn that Mr..
Douglas holds that the people Of territory
are not sovereign, that they have no rightful
power OF legislation, except such as is given
them by act of Congress, and, therefore,
thaeohey cannot hold Convention in their
sovereign capacity, to form Constitution,
without the consent Of Congress.
Daniel Webster, the great expounder of
the Constitution, to whose views statesmen
of all parties are beginning to appeal, held
this doctrine OF the sovereignty Of Congress
and the dependent and derived power Of the
people Of the territories, in the EXTREMIST
latitude, and expressed his views in the fol-
lowing comprehensive paragraph:
If, therefore, in its judgment, (the iudg.
ment Of Congress,) it be needfui for the
benefit of a territory to enact q prohibition
of slavery, it would seem 10 be as much
within its power Of legislation as any other
ordinary act OF local policy. Irs SOVEREIGN
TT BEING COMPLETE AND UsIvERsAL, AS TO THE
TERRIroRY, IT NAT EXERCISE OVER IT THE MOST
AMPLE JURISDICTION IN EvxsY RESPECT. 1t
possesses in this view all the authority which
any State Legislature possesses over Its own
territory and il a State Legislature may,
in its discretion, abolish or prohibit slavery
within it's own limits, in virtue Of it's general
legislative authority, for the same reason
Congress also may exercise the like authort,
over it's own territories.
Randolph, Rodney, Pinckney, Madison
Jefferson, and many other Of the reyo
lutionary statesmen, expressed their view
in language equally strong, and carrie
them out IN acts. of practical Legislation
And while down to within ten years pas
no statesman OF the country ever denied til
sovereign power Of Congress OYER the terri
tories, almost every one has admitted an
sanctioned it, by the enactment of the o,
dnance of 1887, providing form of gov
eminent for the territories, and for the az
pontment Of the executive and judicial of
GERS thereof by the President, and for th
prohibition Of involuntary slavery. Th
substance of that Ordinance WAS re.enacte
in the case of the various territories Of til
United States, during almost every admins
tration from the days Of Washington to tt
Presidency Of Frank Pierce. And by :
those administrations, and by every Cor
gress under them, mas the sovereign powe
Of Congress been practically asserted in lec
islation for the territories. This view Of Ii
sovereign power Of Congress over the terri
tories has not been confined to the executi,
and legislative departments Of governmeu
but has been equally strongly and clear
expressed by the Supreme Coart. Chi
Justice Marshal, speaking Of the Distri
Courts OF the Territories, says: "They a
Legislative courts, created in virtue Of Il
general right 81 sovereignty which EXISTS
the Gorsrnnmsnt, or in virtue Of the clau
which enables Congress to make all needf
rules and regulations respecting the territ
\ riss belonging TO the United States.o Al
Chi9 Justice fancy, in the bred Scott OPT
ION, abiding TO this decision Of the Suprer
Court pronounced by Marshall, says:
sit il thus clear, from the whole opinit
on this point, that the Court did not mean
decide whether the power was derived fro
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