The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-26

The second proposition is that competent
tend any OF the provisions of the of the United
States, by the legislation of Congress- the territories of
the United States. Am l correct IN that
Mr.. DAYTON. In neither proposition. | conended
that you could extend the constitution iself-that
the phra seology of this amendment-hat you could
extend the constitution ITSELF by legislative enactment
any point where it not extended by its inherent
power. | did not say you might not make government
California, If you set TO work TO do II. did not say you
might take provision in the constitution, and APP
ply that provision to the territory by law have hgs
swered the senator's first proposition
Mr.. BUTLER. Mr., President, the senator from New
Hampshire understood the senator from New Jersey
did The third proposition, understood it, was,
if the constitution Of the United States could be
tended the territory, if its provisions could be
tended there ought not 10 extend them and that
for the single given by the from New Jer
sev-that would might the power between the
sections of the Unon give the South vantage ground
which IT does not possess at this ne cannot be msa-
ken in that proposition sir. is this proposition which
wish consider This territory to be placed beyond the
pale of the constitution of the United States, because
might give the South advantage the contest which she
does hold. IL grated upon my ears sir, when
heard the remark that the South should have the benefits
of the constitution extended her. the provisions of the
constitution of the United States guaranteed her and that
for the that II might give her advantage in the
between the North and the South which she does
not occupy or in other words, would deprive the
North Of the advantage which that section of the Union
occupies, and which II has long maintained have
lived long enough not to appeal the magnanmiy justice
Of the North, and far less to their generosity While APP
preciae the praises of my friend and warmly grateful
for cour,eses which have been extended in
social intercourse with the North must say him that
should much prefer that the principles and provisions Of the
constitution of the United States should be extended
than Sye his praises thank him for the praise bestowed
upon southern gentlemen and in upon south
character, while at the time he undertakes
pudiate and to decry southern institutions.
The proposition he has taken is this that the constn
ton of the United States ought under the circumstances
in which we are placed, to be extended so far to
give the South the benefit Of its shield in the
with the North and that the North has the right to
occupy her strong position, relying her numer-
ica strength and that must depend upon the majority
that has this subject under CONTROL rather than be
allowed avail ourselves of the provisions of the constitution
of the United States Describe you please that the
proposition We Of the North say to you Of the South
that have the numerical strength you down and
long maintain it, we will not extend to you
any advantage any protection. 1t is like two with
swords in their hands, fighting against The ground
taken is that the single shall not have shield against
the combination of the have asked for nothing but
the protection of the constitution Of the United States,
framed, believe it was, good faith, in justice and
honor. We ask for nothing For, sir, the mi
nory under this shield of protection stand up against
all the strength and all the violence which threaten
down. regretted to hear the remark Of the
honorable senator, awe would not if could, extend the
of the of the United States these
territories because would give the South advantage
They will allow the advantage of the protection of
the before district before the SD
preme Court Of the United Saes against the prescriptions
the anticipated prescriptions of sefsusainng and unjust
majority, as believe We not to have the protection
of the constitution of the United States, because IN the is
for power between the great sections, might give
which i, at present occupies What sentiment! What
a sentiment, from this body, and from the very
highly respectable source from which 1t has come! We
would not II could, extend the provisions OF the consi
tutions yoa" intend, sir, remark upon it, to
dwell upon it, reiterae it, They deny the propo
stion. "We woad not, if could extend to you the
protection of the constitution which has down
from fvrefathers Our forea;hers! What would they
have DONE sr' They would have off their right hatis
if they had thong that this instrument would surrender
their rights to irresponsible majority, before they would
have signed It. Yes, sir they would have cut their right
hands off rather than have done it.
The honorable has been pleased say, that
to be gentleman Of the South passport at the North.
Allow say, sir that if they have had any position
reputation is because they have had the determination
denied rights shall longer be among the respected
in society shall longer if submit, deserve the
euosy passed upon u.s. Sir, the gentleman himself would
consider beneath any such favorable opinions So much
for this view of the proposition that they would not if they
could extend the provisions of the constitution to for
must hasten on, the time is short
There is another proposition that seems to be still more
obstinate and difficult to encoun,erthat the provisions of
the constitution be extended the territories Of the
United States. Well, sir if that he So certainly have not
looked at the constitution with anything like fair under
standing oft. 1t looks like absurdy. SO far
compact between the South and the North between DIFF
erent portions of political community, having relations to
bind them together bond of union shall agree with
him in ee proposition. But have understood, sir that
the constitution of the United States, well the laws of
Congress, the law of the United Satesnay more, that
it the supreme law of the land. Why Mr. President
contains the essential principles the Magma Char
athe right OF trial Jury, other great principles
that the brhgh of every American and the brhrght
of every Englishman And shall be told that cannot
extend the right of trial by jury these teroriesha
extend the principles of the Magma Chara to these
ertores-that extend the principles of the
sntlon to these territories because it compact? Shall
be told that extend in all respects pro-
position to which can submit
Mr. DAY ION. Did the senator understand say
ing that could extend these principles 10 the terrific
res
Mr. BUTLER understood him to say that sc far as
regards the competency of the legislature, the tuition
could be extended these territories acqulesced that
far regarded being between sovereign
States could be extended But because cannot be
extended compact between sovereign States shall say
that provisions which the supreme law of the
land be extended If the gentleman had qualified his
remarks shosld, perhaps, not have materially differed
from him upon that point but the gentleman cannot retreat
dersood the way that did. But far be 1t from
place any mscons,ruction upon his proposition shall
undertake say that the constitution does extend
ipo acto the territory covenant OF sovereign States
as compact or league. certainly shall maintain
such proposition But there principles which be
extended IL we have courts they be maintained and
enforced. This is the extent of my proposition, that the
constitution the supreme law of the land forms part of
the law which can be extended far any other law
be extended 1t should be extended and tits competent for
Congress extend it. be mistaken in this sir
Ii have committed error with regard to the
general principles upon which this compact depends.
But go further, and say that, proptio U,gore, the
moment the territory acquired by treaty, the con-
stituon extended 1t; nay, that the treaty
itself made under he provisions of the constitution
At this very time, propro vgore, the constitution Of the
United States constitutes the fundamental and supreme law
of California and New Mexico. bold lay down that
broad proposition do ny that the provisions of the