The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-28

restriction and especially the supposon that the
of correct that the constitution cannot opefa
within the mtA of those territories. y
Mr.. President, is said that II is Impossible 10 us
tngush between those parts OF the oons'''" 49,, |
~ ,hs ss,s,,r rom Wisconsin lM: WALKEK,) suitable
and proper 10 be observed IN the IeIltoes anu 'ho,e
which not was about 10 ;asses. s,s s' ,s
nrovsons of The constitution which and those which
cannot operate within the Territories suppose, con-
sderog the constitution to have been ordained and esiab
sheJ by the people OF the States for system of govern
ment that all those provisions which relate To the creation
of that government are Of necessity to be limited within
the States which that government was particularly
established but suppose that leaving those provisions,
there body Of provisions especially in the amendments
which affect the private ghls,he liberty Of the indvldu
al citizens Of those United Satesghs which belong TO
ths citizens Of the United States wherever they may go
and that il he that they continue to hold them
without legislation declaring the operation of those prnci-
piles within the territory for which we are establishing
system of government only renders more imperative the
obligation of Congress to provide that act OF egisla
MI. President, citizen Of the United States does not
1850 his character AZ ctizen OF the United States by
removing into Territory of the United States lie
loses his character AS citizen IT the Individual State
from which he removes, and becomes citizen Of the
territory which he resides but he his char
acier a czen Of the United States. That is his
birthrgh for it has been granted him in conformity
Win ,ho Laws Of Congress- vnId ask s;r dJ IN. r;t
of the North Territory lose their character Of
citizens of the Uned States when they transferred by
Virginia to the United Sates' They citizens of the
United States when citizens of one OF the Conederacy
and being citizens when transferred TO the COntedcracy did
they not remain czens of the Confederacy? And If
were they dvesed Of tier rights citizens of the Con.
federacy by tho fact that they resided within the Territory
II is they lost the privileges OF citizens Of particu
lar Sae but not those rights which belong to them ct
Of the Confcderacy.
Suppose that citizen of the United States is illegally
deprived Of his liberynot State but under tho author
upon such supposton ask if the Legislature of Terri
tory exercising the Of legislation which have been
given them by Congress, may do any act by which ci,i
Of the United States territory shall be unlawfuly
deprived of his bertyi 1t boundcn duty, If the
would not result in the absence Of any legislation
by Congcsss our bounden duty to extend the privilege
ofthe right of habsas corpus to them.
The proposition IL confirmed by concession. 1t 10
that although the constitution does Of itself extend the
territory yet we are bound in exercising the which
derive from tho constitution those princi-
ples-those free princples-whch are found implanted in
our constitution Well, now, sir If we are 80 bound and
that is the express how fulfil that obga
ton but in the of legislation by which organize the
territorial government that this proposition
can be presented in any palmer simple Be-
evng that there safeguards personal
liberty which ought to be regarded in the
government of territory by the egisaon OF Congress-
object 10 the amendment Of the from New Jersey,
because It does not throw around the inhabitants of that
territory the panoPy Of the constitution and shall
for the amendment o: the senator from Wisconsin, il he
will accept the modification which will suggest add
that portion of his amendment which provides that the
constitution Of the United States be extended the
territory 40 far as its provisions be applied the
condition of territory Of the United States" For that
modification will vote, and with it, pleasure for
the amendment offered by the senator from Wisconsin.
~
enter again into the discussion of any question connected
with this matter. have purpose therefore, rising
the senator from Georgia. and all others who may contend
for like principles He says that tho constitution in its
general principles, already extends to and those
rtorias II why do you of the legislature
To there' think, sir it will puzzle those gentle
men who contend for this position that question
but my object in rising not TO discuss that.
Mr.. FOOTE. With the consen, of my friend from
New Jersey, will hs question. will say my
sslf upon this point that entertain tho opinion just
ably advocated by tho senator from Georgia know
that such distinguished urists the from New
York and Massachu sets, and few others could enume
rate entertain different opinion Ws heard it said the
other day, very solemnly and formallyan it turns
out to be gross error as | suspected at the time j
that tho Supreme Court had often adudicaed the ques
ton and always support of the views Of distinguish
ed senators. Ii, then, being doubtful question the
minds OF gentlemen of legal learning certainly
right and proper for the lovers of the constitutions for those
not at all apprehensvc of the i'll effects resulting from the
extension OF that instrument to desire to make
doably by adopting that mode of extending there.
That Is the ground upon which advocate it.
Mr.. DAY TON | was about MIR President, to respond
to somewhat pointed remark OF the senator from Tennes-
He complains that when the from Georgia and
myself spoke of his having advocated the doctrine that
could create State, took his remarks aisjont-
eddy; that did not consider them in whole that,
IN point OF fact, his intention simply to say tina,
no State could be created in territory, but by Con-
Now, sir, while he complains of others for looking
at his remarks disjonted manner, let ask his
on and the attention OF the Senate the mode in which
he has chosen to consider NINE Sir he has stopped in the
middle Of sentence. Here "rhis idea the idea of
the senator from Tennessee s that Congress alone
create State Who says has advocated such doc
that! II the from Tennessee would have
but ended the sentence would have been explained His
u.s. Congress alone create State that no State
government be created in territories by
luonary effort without the authority Of Congress-" Tnere
the whole Of the sentence and that IL position.
Certainly the did talk here day prove that
Congress the only power that could admit State
the Union.
Again. sir he objects in somewhat pointed manner
to the Illustration which gave his remarks.
Mr.. BELL intended no disrespect.
Mr.. DAYTON ! know my freud intended no dsre-
spect but then he has happy manner which tells
quite as effectively his language. He referred to an
iustraton and what that iustraton--an attempt
10 illustrate! What said was this "a school-boy may
cut man out of bit of paper, and say man but is
1t MANI Has it the blood bone and snew of
mani" How does the Illustration apply? will tell the
senator how tappIied 1t applied pointedy his position
He coasndcd here in his whole argument Congress
did not carry their execution into effect for forty years to
come ask, i he State, when it has none of the
powers none Of the prerequisites, and effect of
the objects Of State.
have thus In this brief way responded to my friend
from Tennessee think, sir we did not 30 much misun-
dersand and misrepresent his argument he has ance
and II Is very fortunate that he has put his days arg-
ment IN condensed shape and written do and told
precisely what he did mean.
Mr. BELL said that he would not advert to the little
severity of the gentleman from New Jersey With regard
me gentleman from Georgia. and his misconoeption Of
INC UNI. OF ms argument, he would only say that he might
DC one OF me casses whom he had spoken of having adj
o1esscu WIN prejudlced unwilling Perhaps 4 little
M s"en'oh would have saved him from being misunder
IN regard to the reports, il the gentleman had read
mem wss more than he had done himself He would
hnuyn