The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-28

neB6Sivoo IL.
shall have no power anywhere or whatever in these re-
spscis IL s admitted Ana all the negatives extend
to the territory Why do not all the positive Issasons
60 with them! Sir, do net deem neoessary to dws
longer upon the point should be happy TO hear any
explanation in regard to It.
Mr.. WAB.rEn-Iv viii dstain the 81 nate but Q single
men~nt, cir The great question 10 this the precise
question 10 this whether territory when IL remains
IN territorial tate 10 part 81 sns United states!
proof Of what has been tbs idsa OF government Ia
that respect than that to which alluded, and which
has draw q the honorable Senator's attention. Nov,
let bew that stands The Judicial power Of the
United STATES Is declared BY the constitution to bs
oou, q a Congress shall from time to Time ordsn and
ss,s unsu 4 A. wuo.u judicial power Of the United
States tn efoIe IN tns;s 10 ,na. Inc DECO,
bo their ofhces during good behaviour. Well then,
the gentleman mutt ADMIT that II the legislation of
Cepcrses heretofore has not been altogether in
thu t.rtosl courts do not constitute part of the
jud cal power Of the United Satesas they oersinly
do because the whole judicial power OF the United
has to be vested in Supreme Court and Ia
ouch IN f.rior courts as Congress shall establish aad
judges Of all those courts are to have life tenure
in TIER Offices Well do not give such life tenure,
and never did, to any territorial courts. That has
gone upon the presumption and true idea as suppose,
United States but tubje ct to their legislation. But
where did they get this power! Why. have stated
that the make all nesdfu rules
and guaons respecting territories; and is that
clause and that csuse only that the legislation OF Con-
gees territories has been condueted because
it Is sppare all history that other
ysion was for territorial COVER Rts mas
much M is highly probahleI think certainthst
ACQUISITION foreign territory was ever
And again thu re- 10 another remark instance The
honorable gentleman and bis friends who act with him
these subects hold that the power OF Internal In.
t. within the United States does belong
/ to Congress They deny that We pass such law
nal in any Of the States Of the
Union. They all admit that the mo mt 40 out of
q State into territory, We may make just such i'm
pro We nente choose. There Ia not gentleman
again, voted public money out of the public treasury
for Internal improve ments out Of the Union, nd In
territories, but does not that prove that In the onn
ctpion Of gentlemen they arc not parts OF the Union!
Sir, there Ia no end to illustrations which may be
brought up tina subj OF; history 10 full of them
history u form in its 1t began with the
OF Louisians 1t went after Florida be same part
Of the Union md in all under all circu
by proceeding OF Congress upon the and
by all the II bee held that
tories ,lcngpg to the United States to
be governed by consrtution OF Their own; and in the
forming OF that constitution the IegisaJion of Con-
grpss was not necessarily bound to principles
which had bound 1t when 1t was exercised In passing
Jaws for the United States themselves. But sir take
leave Of the subjecc.
Mr. CALHOUN Nir President, a few words. First as
to the judiciary. Congress has decided the judicis-
~ the territories to be part of the judiciary
der the United States, Congress has decided wrong
1t msy he that 1t is part of the Judiciary OF tae Un
ted States though do mo- rninhso
ME- WHEELER, lin his test)- l.
MIR. CALHoUE-Again, tho honora BILE gentleman from
Massachusetts, rays that the territories are not
of the United States had supposed that oil the ter
ritores wsre part Of the United States. They are
called so.
Mr. CALHOUN AT all events, they belong to the Uni
ted States.
thing The coop,r" ~ England belong to England,
but they are not a part Of England.
Mr. CALHous-Whstsver belongs to the United
States they have authority over, and England has
tberty over whatever belongs to her. We can have
authority any thing that does not belong to
the United States, not in what light IL may be
placed. But, tir the other point raised by the
Senator internal improvements. The Senator says
there ia net Der on this side of the chamber but
VII Mt hauy al IN mn of thA
treasury for internal improveme in the territories
know that very large portion Of tue gentlemen on
IL Is ride have cd to appropriate money out Of the
public treasury for Improvements in territories upon
the principle Of ownership that the land in the terri.
| tories in which improvements are made has m in.
creased value In proportion to the sums appropriated
and the appropriations have in every case been given
in alternate sections But many gentlemen here have
utterly denied right to make them under that
form. But that question oenes under another cate.
CORY altogether It comes under the category whether
We have right to appropriate funds out of the
treasury at NIL TOR internal improvements. Sir,
repeat IT, that the proposition that the constitution
Of the United States extends to the territories
pain and its opposite cay 1t with all respeot
10 so absurd that the ongeet intellect cannot
naintsia 1t And repeat, that the gentlemen
knowledge by implication II OF more tn that, that
the nson Of the constut of the United States
to the territories would be shield to the South upon
the que stion in controversy between and then ]
hold be most important concession 1t narrows
the ground Of controversy between u.s. We then can
not be deprived Of equal In those ter
rights which the constitution gives us.
The debate was continued by Mr. Dayton and Mr..
Douglas TIL the hour Of adjournment.
House OF Representatives.
WAsHINGroN, February "a, 1a49.
OBSERVATION-DISCLOSURES
Mr. Z. b SMITH, Of the Committee Territories,
introduced q resolution that the debate the blu to
provide territorial government for California shall
In two hours after the House shall have gone
committee thereon.
Mr. Roor-l don't wish to makes speech. The gem
tl.man reported the BILL and be is entitled to the full
credit for doing can't vote for the resolution
1t 10. want the debate to be continued until to- NOR
row. ct twelve O'Clock.
Mr. SMITH understood to say that the bill was
| long time sgo reported.
Mr.. RooT We have had enc speech, and to be