The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1860-07-27
Hornash as a Lawyer.
EprroRs on rHR GArg CrrY:


which gives to Congress all needful power to
regulate the territories OF the United States,
referred only TO the regulation OF the pub
lie Ian Dis belonging to the United States.
Having assumed this position, be boldly an
nounced that ssno lawyer would stake bis
reputation upon any other Interpretation of
the Constitution. MIR. Hornish's position
as member of the Iowa Bar must add eat
weight TO the opinion which be 30 boldlyex-
presses, and shed new light on the constitu-
tional truth which he uttsyal Rnt while we
must give due Importance to his abilities, we
must dissent from his position.
The position which Mr.. Hornish takes 10 80
absurd that many intelligent citizens willfail
to see it's folly at the frst glance. III it were
true. the United States Government would be
reduced to the condition of simple real
estate owner, and the public lands would be
liable for taxes or any other burthen which q
Territorial Legislature might see fit to lay on
them. But IL fortunately happens that this
10 not the case. Mr.. Hornish supports MIR.
Douglas and the platform ON which he
stands, and Mr.. Douglas says that he en-
dorses oil the decisions that the Supreme
Court OF the United States ever have or ever
will make. The doctrine Of adhering TO the
decisions of that Court implicitly 10 all
things, 10 one OF the peculiar and distinguish.
ing features of the Squatter Sovereignty
wing OF the Demo cratic party and notwith-
standing the high example of Mr.. Hornish,
We find that there have been lawyers, and
men, too, of some little note, who have
adopted different position, and have
"staked their reputation as lawyers" on 9
theory entirely different. Chancellor Kent,
who, however, wrote bis Commentaries
without having heard MIR. Hornish expound
the Constitution, -says, land it will be
recolected that greater or more able and
intelligent lawyer than Kent has yet to be
born in this country, in speaking of the
power Of Congress over the territories, SEX
elusive and unlimited power of legislation is
given 10 them by the Constitution, and sane
toned by judicial decisions" See Ksnt's
Commentaries, vol. |, p. 1881 And again
'sThe Constitution gave to Congress the
power 10 dispose OF, and to make all needful
rules and regulations respecting the terrific
ries or other property belonging to the Uni
ted States, and to admit new States into the
Onion. Since the Constitution was formed
the raiue and efficacy Of this power have been
magnifed to an incdlculabie extent by the
purchase Of Louisiana and Florida and un
der the doctrine contained In the cases
have referred to, Congress has large and
magnificent portion of territory under it.
obsolnte control and disposal.' Vol. /, p
1851 And again: sit would seem from
J these various Congressional regulations o.
the territories belonging to the United Slater
that Congress has supreme power in th,
government Of them, depending on the ex.
! ercise of their sound discretion. That dis
erection has hitherto been exercised in wis
dom and good faith, and with an anxiou
regard TO the security of the rights and priv
ileges OF the inhabitants, as defined aud de
clared in the Ordinance Of 1857 and In th
Constitution of the United States. sAll ad
mit,' said Chief Justice Marshall, sthe con
, stitutionaisy of Territorial Government.
: A Wheaton, 422.l Bat neither the Distrc
OF Columbia nor Territory ia State, with
in the meaning Of the Constitution, or emit
i tied TO claim the privileges secured to sh
q members of the Union. This has been so nd
}. judged by the Supreme Cours."-[ Kent
Com, 1856; 2 Cranch, AS Wheaton, 81
Chancellor Kent, on account of fears r
& then entertained, regrets that the power 3
81 Congress is so great; but that it is so, h
does not doubt; but this idea OF the abst
y lutte power of Congress, does not rest on II
!. mere opinion of lawyer, no matter how en-
inent,-it has been so declared by the S,
IN preme Court Of the United States, and Nj
pc Douglas and the Democratic party endor
= the decision. The Court lsee Peters, 81,
We expressly decide that Tin speaking of the i
y, habtants Of Florida -" They do not, no,
s. ever, participate in political power; they
y not share in the government, until Florit
=, shall become a State. In tho neantr
10 Florida continues to be Territory of Il
ny United States-governed by virtue of tn
~ clause in the Constitution which empowe
ss Congress to make oil needful rules a
nd regulations respecting the territory or 9th
u property OF the United States The DO
0. ers Of the territorial legislature of Flori
90 extend to all rightful objects of legislatio
20. subject to the restriction, that their la
40, shall not be inconsistent with the LAWS
DIS Constitution Of the United States.'o
sut
bic ibis accision was made by Chief just
Marshall Daniel Webster, in the same ca,
IA