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

territories of United Safes The great object OF that
constitution the formation Of system of government
and far that It's object does extend to the
territories of the United States for whom under the au-
hory OF that constitution we are about organize gov
eminent.
Blu, il was not the sole object that constitution to form
government for the thirteen States by whose delegates
formed. 1t contained certain principles of public lib
euy which were implanted that and chose
principles of public liberty may be extended the terrific
Of the United States When therefore, is said that
The constitution does not ope ate in the territories Of the
United States the answer isYes, that IL true as whole
does operate and when it is said that the con-
stituon does operate in the territories OF the United
States-fes Il Is true there are portions oil the con
situton which do, and must of necessity, operate IN
the territories of the United States. Why sir, by what
authority about to organize government for this
terrory We told that 1t is under that clause of the
which gives power make the needul rules
and regulations for the government of territories other
properly of the United States. Now sir doubt whether
that be the of the authority think too limited
think the object of those rules and regulations is clearly
implied by the expression cor other property to be- that
the there dealt with property, and not
the habatons of freemen, whose municipal regulations
be regulated by this compact But find an addi-
tona power in the constitution to organize government
for the territories which, though DO not expressed Is still
distinct if 1t had been expressed Since under the
constitution have power acquire territory, we mlst
have power do that which may result from the acqus
ton of errItorywe must have power govern the terri
tory acquire and although that be but incident to an
clause yet as emphatic as # stated in so many
words We'll, then sir whether it result from this little
clause which has been referred to- be deduced an Incl
dent of the and treaty -making power in the constit
ton, it is still power derived from the constitutions ana
when, in virtue of that power whether you look for 1t
from one or the other source you esisats for tho
establishment of government in the territories OF the
United States, do you bring the constitution OF tho
United States operate within the territories of the United
Satesi Is the Of the establishment Of gov
ernment your sole authority to do which you derive from
the constitution, evidence of the fact that that constu-
on quo nd hoe is operative within the territories to which
you apply in the organization Of the government under
the power you derive from the constitution?
But the point which has been made in this argument
goes further It said by the from Massachusetts,
that although the constitution does not operate as whole
the terrtores-hough it does not operate at all IN the
errtores-yet it operates upon and we are bound by
the principles Of that constitution bound to regulate
ourselves by the principles of that constitution In organ
izing government for the territories What then? To
what does this question come sr' To the question whether
the constitution shall operate by it's own inherent force
within the territories, whether IT shall operate Dy our
legsation-we acting under the obligations Imposed up
by the constitution in extending its principles TO
the territories Mr. President confess have been some-
what surprised by pursued in this discussion 1t
began the by the declaration reiterated in tho
progress oe that this question had soemny
and repeatedly decided by the Supreme Court of the nted
States sad--willng to admit my want of recollection
that had remembrance of such decision; and yet
the proposition was reiterated such decisions said To
have been repeated for thirty years past. Now sir,
only say if there has been mi recordo, know
the which the gentleman has refsrredthst the
American Insurance Company against Iantcr. But II ID
very certain that that def des such proposition
Mr.. Blu Tier made remark, which was not hoard by
the reporter
Mr. BERRIEN. The case Of Tsnter, which is brought
the naked proposition that the constitution does
extend the territories is simply this. TWAS ques-
ton whether decision of ofadmaIty created by
the Territorial legislature of Florida, operated to vest the
property in certain specific arces.s The objection was,
that the Territorial of Florida could not vest IN
of that province the admiralty Jurisdiction which was
exercised in the adjudication of tho court The consttu-
ton of the United States referred to for the purpose
Of showing that admiralty jurisdiction was vested IN
the district of the United States Therefore, the
argument was, that could be exercised by the local
judiciary Of territory and in illustration Of that argument
court the justice of the Supreme Court by whom
that decision pronounced, in the illustration of his
proposition upon that subject referred the judiciary
der the constitution of the United States within State and
Territory Now sir the whole extent Of the decision in
he Of Tanler this that it was competent 10
Congress under the other of the two sources Of
authority to which ] have referred but the Judges do
decide whether is under the clause stated which
authorizes Congre make the needf rules and rcgula-
tons the government of the territories of the United
Saes under The authority extending the right of ac-
qung territory Under the other source of author
y, decided that Congress had right TO establish
government for the Territory of Florida.
A SENATOR. Perhaps so.
Mr. BERRiEN. Yes the question is still left open;
1t decided to which of authority this exercise
of power be referred; hut the Supreme Court have
decided that under the other of these Of
horiy Congress had right to establish territorial gov
for Florida and having the right establish that
territorial government they had right to vest the jurs
diction in such in the tribunal constituted by the
State legislature They have decided therefore, moth
regard to the question whether the constitution ope
rates in territories excepting irau, from the particular
that the admiralty does not operate in the territories lie
ny referring 10 uucEeHCc " tohuTc pe-
tween judicial officers in the United States and the terrific
ries 1t said that in the United States, all the Judicial
power thus conferred by the constitution s vested in
Supreme and such inferior courts Congress may from
me ordan and establish, and that by that coDsu
ton the of office Of all those judges during good
behavior. Then the decision amounts 10 this: the utmost
Of tho inference which be deduced from would
be limited this-that the judicial power granted by tho
constitution be exercised within the limits of the States,
the judicial power which is exercised by Congress
which established created by Congress, within the terri
tories. That judicial power vests the right of determining
the question the district court, but the judicial power
which Congress, IN It's general power to make gov
for the territories, conferred upon the court
which it had established in the territories, not
portion of the Judicial power established by the
stituon be exercised within the States. Now, sup
pose nothing be clear than that but that falls
very far short Of establishing the proposition that por
the Of the United States The whole of
the operation Of that decision simply this that the judi
cia power conferred by the constitution Of the United
States is be exercised within the limits Of the United
States and does not of necessity operate within tho terri
tories.
Well, sir, here is proposition by this amendment to
put in force the laws Of the Mexican republic with regard
to the constitution and laws OF the United States drew
modification of the amendment say that that con-
stituon that those laws shall be allowed to operate in
subordnaon to the constitution of the United States The
argument Of gentleman that the constitution does not
extend to territory The argument s that the laws pre-
vang in territory which is acquired by the United os
under the government which Heretofore existed IN
ritory continue to operate until they are sulPreSsy
laws enacted by the United States. Now, sur, CONFESS
unwilling the citizens of the United S'ates VINO
may be in that territory shall be subjected u"'m'coy
to the laws which shall prevail there undei lne au-
l