The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-04-06


MAJ shall be better instructed; but |,
ne only say, s,f, that ~ its geuerai sens
there is no such lhlng ~ extending 81
Constitution of the Udtej States over
territory. The Constitution OF the Unite
) aies i, esiab i.hed o.ef The United State
aud over nothing else. !. can be rsiat
ished over 0o'hlBg else ihan the exisIin
States aud over new States that shall CON
n hereafter. When they do come III, 'hr
hen come under the Constitution. Thee
Is confu.loa Of IDEAS, and in this respect
ahich IS quite remarkable among lntelll
gent gentlemen. ard especially among pro
iess'onai and j dIeIDI chsrsciers. IL seem
10 be taken Tor granted, thu, the right @
trial by ja,v, Of habeds corpus, and every
thin. 10 tie Cons i'utlon Of the Unlte'
States Designed TO p,o.ec, personal liberty
by force oil the Constitution, 10 exieGde,
over all acquitted territory. Thu, csnno
be naiDtaiued that proposition cannot b,
maintained at oil. How do you arrive a
al Why. sir, By he loosesl of oil possib',
inference. IL IL asked, 10 il pusslb'o iba
those of our fellow clliz rs are not en,i,iet
TO tho wrt OF habeas corpus snd trial by
Jny Iss, SIR, II Is very possible, arc
worry rGe; It exactly so. unlil The legs
is;ion Of Congress gives them form o.
government that takes with IT and main
talns these eensra! principles Of pubic hb-
etiy. Why, if the idees Of soae genie
men, the hopes Of some persons. ~efo real
zed. AID Cuba we're 20 become possession
OF the tGiied States 10 morrow, does any
body suppose that the hsbess CORPUS and
tiial b, Jiry attaches itself TO Cuba WI,
any more, let me ask l-aud ie, ne ssk
especially, the honorable Senator from
South Caro'Ina-shy are they en;l,lsd 10
these nghis any more than 10 our election
iAss AMI political finnchlsos "A popular fran.
chlses' Sir, the Whole authority uf Coz
gfeSs on The sul ject is comprised IN that
very short provision, thsi Congress shall
have power 10 make oil neediul rules end
regulations respecting Tho Territories OF
be Ulied States. The word i, "letfi,o
~ )" Tor II IS quito evident tina, the con-.
promises, OF the e., institution | ,kcd 10 no
new acquisitions TO form ucS territories ;
but as they have been acquired IRON time
TO time, new territories hass been regard
cd as within that general scope aud piovi.
slon Of the Constitution, and are eli pov
efned by That. We have never had ,sf.
fiiory yet. governed ne tho United S,s,os
are governed, ei'hsr in respect 10 tsratlor.
OF 10 resnec: 10 representation, or luj,ca.
sure. or legislature. OF anything else but
they have ulsuys had a constitution pecu.
liar TO lhe mselses. supposed TO bs oppropri.
ate TO ihe;r condition, and winch consttu
iioa 10 the is1 Of Congress establishing .
government; and that govern.
meni may be one way, or II may be snotb.
81. | need not say. and do not say, thai,
Wide We ~, here TO leglslaie and pass laws
for the Territories, We are not bound by
every one Of the great principles Of public
Liberty which wsfe incorporated ~ our
constitution, md made the foundation upon
which It re.is We would DO unlasi to our.
selves, TO The spirit of the constitution, 10
the cause Of liberty ard good COVE, nmeni,
# We iaied 20 observe viii religious scfu.
pulousness, 10 the formation Of Terrific.
rssl government, say one Of thsss great,
Tree. LIBERAL, popular conservative prlnci.
pies 1heGs are the considerations that
are TO operate upna us 10 passing the
Isw. These principles do not or csunot IN
'hsr osn authority proprio r,gors attach
10 Cuba or sny cesslon Ut territory mads,
because upon cess,oa OF territory to the
Unncd 8 aics, lhO, territory does no, bs
come a part Of the Untcd States
] propose. CIR. not 10 pursue this discus.
son. but | DO ask gentlemen, Who arc IN
the habit OF d,scfimlastion--l AK the hon
otab,e nsior from Sou h Csrolins, par.
ucu'at!J to Distinguish between the grea,
principles tbs, ou.h, 10 govern Us, Wilde
We pass laws for the government Of terri
totIes, and those principles which are in.
hetrnt IN our own system Of home-parl
aud parcel of tho authority under which
WI act, and from which NO are not al hb
er,y in any case 10 depart. |, seems 10 me
,ha, ~s may take any part OF the cons'itu.
ton of the United States that We think ap
plicabe 20 the territory, and enact tina. i,
shall be a Law Of the territory. IL will be
bu, !, will stand upon tho enactment-upor
the authority of the act OF Congress, ant
not upon the general authority Of tn,
Constitution Of the Untted S,a,es-becous,
II is % clear ms dayhgh, that tho Consntu
ton OF the United States makes no PROV
zion whatever for the government, Of tn
territories, excep, that provision which
leaves 1t all to the discretion Of Congress
regarding them as no, Of the United States
no, part and portion OF the Unlied States
but as a. territory owned by the un,,e,
States and tho Union established under tn
Constitution.
Mr.. Calhoun. Mr.. President, | rise I
de,ain the Senate but for a few minute
with view to make a remark upon tn
proposition advanced by the Senator ifor
New Jersey, Mr. DAy,on,] endorsed /,
full by the Senator from New Hampshire
Mr.. Hale, and partially endorsed BY tn
Senator from Massachusetts. Mr.. Wei
sler, 4 that the Constitution of the Unite
States does no, extend TO territories. Nov