The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-01


uon and Union be exerled, believe the present feeling
hostile to the South will subside will despair of the
republic when the vuous and patriotic can be aroused TO
protect It, Sir, repeat, the South had the ascendency
at this time, fear the exercise of its power de-
fence of its constitutional rights this subject, would
be but the signal for renewed and still more rancor
hostility to the South by the demagognes and fana
les who have famed the fame of dscord to its pres
ferceness. They must, if time is given bricf pc
Rod sink to their true position. But who has hope
that this question be decided this session. however
rabe it may be- have reiterate again Go i'm
press upon senatos that do desire this slavery ques
decided now; for should have confidence that such
decision would be final and that therefore approve this
amendment because leaves it undecided. appeal to
atos all sides and Of all parties to sustain it, because it
avoids such decision because pssponesa dangerous crisis
which, trust under Providence, may be, if time afforded,
passed through without harm my country and her nst
utions vote for this amendment expressly because am
anxious to give this perous topic the goby My opinions
Known When the issue forced upon arrives, am
prepared to act but confess shrink with apprehension
from the near approach ofa crs upon the issues of which
may depend the perpetuly of this Union. would not
accelerate the coming of that CRISIS but would give
chance for the storm to be averted do desire wit
the conflict that is to occur If this amendment
similar proposition, he not adopted. Others may
| envy no man who does.
Mr. President, it is part Of my purpose discuss at
length the questions which occupied the Senate few
days. the extension Of the constitution of the United
State per these territories upon their annexation by
treaty, TO the necessity of legislative act to extend
My opinions this subject have been heretofore fully
expressed this hoor and to be found your publish
ed debates Ii proper however, that should refer to
these questions far to concc
of what have formerly urged. In 1896 after Cali
oInia and New Mexico conquered and whilst they
in possession Of troops and while the
sng moved here TO adopt give the people
there civil government instead Of military government
preferred laws passed here the law of the sword urged
that until extended the federal constitution those
countries, though in Our possession and under flag it
in force there laws in force there and
hence | urged that should extend BOTH Those
countries not then annexed and of my
ment did not apply to their present relation to the United
Ca III S,-k
to Oregon before its accomplishment below 49o by Great
Britain The correct principle applicable to those
countries in their present relation to US was, if un-
derstood him correctly, laid dowE by the senator from
Georgia (Mr BERRIEN) this evening. These sub
stantally the maintained by IN remarks
delivered this floor in July last That doctrine is that
the principles of the constitution, and that all those pro-
visions of that instrument properly applicable to federal
territory acquired by the United States by cession from
foreign government attach to such territory forthwith upon
its annexation the United States There provisions
that do in terms apply that have reference whatever
territories and cannot be made to apply to them. or
course these be force the territories for
they would be useless Those provisions for instance
specng senators and in Congress from the
Stateshose relating the organization of Congress
those respecting electors Of President and Vice President,
and several others that obviously have bearing
the territories But may be lad down an indlspuabe
principle that all the rules therein prescribed for the egsa
ton of Congress of general character and not limited in
the States and that obviously inappicabe
the territories apply the legislative of Congress
with respect to the territories And in addition to this,
respects the legislation of local character and purely mun
cipal, limited kind of egsationthe making of need
fu rules and regulations merely contradisinguished
from the general lawmakng power and which is of lesser
character.
Mr.. WEBSTER, (interposing) Will the senator inform
how, if his argument be correct Congress can provide
for the appointment of Judges in the territories for term of
years instead of during good behavior the prescribed
in the constitution that for which federal judges shall
hold their offccs'
Mr.. WESrCoTT. Cheerfuly. Simply because the
provision the constitution referred by the honorable
senator does not in spirit refer territories,
and is from circumstances wholly nappIcablc them.
Necessity demands from the temporary character of the
territorial organic aon that the tenure of Offices under that
organization should be temporary The provision cited
has reference the permanent federal judiciary in the
States 1t is suggested by senator that another
answers that Congress possesses with reference to ter
ritory, the powers of State Legislature. will not urge
such argument, for do concede its The
sufficient is that the of Office xed by the
for the judges of the United States in the States is
inappropriate the judges of the territories That prov
sion within the exception have before avered and
admitted, those parts of the constitution which not
intended for and be properly made applicable to- the
In the territorial courts as
the Supreme Court have decidedly constitutional courts but
surely is meant by this that they created by Con
grcss in disregard and violation of the constitution. The
Supreme Court do not say this, but the reverse
Mr. w EDS TER. Does the senator believe that Con
gress could authorize the appointment of judges in the
States hold their offices for term of years. for any pur
pose whatever
| Mr.. WESTCOTr Certainly not and because the ex
press of the provision of the constitution referred
prohibits it.
| MIR. WEBSTER The terms of the provision gene
rail- and they do exclude territories; and if all the pro
visions the constitution extend the territories wei
the States, and, conended, control the Legislation
Of Congress with respect territories this provision APP
| plies with the same force to the other
| Mr.. WESTCOFr. | do concede this. As l hav
Just said the provision is inapplcabe to the territories
obviously intended exclusively for the States and henc
does restrain Legislation this respect terrific
ries The and Judges it refers the judges
the United States IN the States.
| would ask question: of the honorable from
Massachusetts,, Mr.. WEBSTER in turn, and as have
ed those put by him to me, hope he will give his at
| tention, and make response also.
There provision of the constitution which provide
that the right of the people to be their persons
houses papers, and effects against unreasonable searhe
and seizures, shall not be violated, and warrants sh I,
but upon probable cause, supported by oath affirm
aton and particularly describing the place be searched
and the persons things to be seized"
New ask the SENATOR does this provision extend
California and New Mexco' ask il the citizens of Cal
rna who have gone there from the United aes have los
this shield against the oppression of official functonares
Mr. WEBSTER. There is no such thing n citizen
California.
! Mr. WESrCOTT. Well, n citizen of the United State
in California ask the if those who have gon
there from the States have lost the bgh Of their citizen
ship by Their removal Is possible that Perslfor Sn'tf
distinguished alike soldier and ms citlzencan u
that General Bennett Riley hero of Cerro Gordo and Con
eras have by obeying the order of their government
going with the troops the Pacific lost their rights as GU
zens of the United Staesi Have the officers and soldier
who gone there the of the United States De
come aens Are thew iawed DISTINGUISHED, and to
gared as foreigners and of the pale of the constiu
ton, and your laws under III
/ Mr. WEB yTER. Certainly not Gen. Persifor Smil
and his brother much citizens as ever
| Mr. YVES rCOTT Then, sir IA citizens they en-
led To The proection Of that constitution they have swor
l.. Al. u,.i No cir a n Anna tt,vn