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

he may go under the American flag. God forbid
II should not be Reject the first amendment and
adopt that of the senator New Jersey the
Mexican laws, and those laws only being in operation in
those territories and then suppose the American
civil officers proposed TO be appointed under laws and
them, should arbitrarily imprson, otherwise
press citizen under color Of official authority what the
redress of the citizen? Is he the ofceri Where,
before whoml and how And if the officer shows that
the Mexican laws provide for the punishment Of
such outrage by him, is he to go qut LIS Congress TO
punish the ofcer IL not, who 's' What ask, is the
remedy redress the injured citizen would have in such
Regard the constitution In force there, and no
in danger of oppression of this KIND IL
is safe and secure shield against It,
would further ask those who contend that no provision
of the of the United States applies propro ryore
to the territories whether Congress could pass grant
ing patent Of nobility title any person in the terrific
Does the prohi tion the of Congress on
this subject apply only The Safes and to citizens IN them
The will the of the position
both sides. The from Massachusetts,
day two ago asked the from South Carolina
now IN his seat, Mr. CALHOUN question as to the power
of the general government relation internal improve
in the territories. The reply of the senator from
South Carolina satisfactory as far as it went with re-
to the difference between the power OF Congress on
that subject with reference the States and with reference
to the Territories. But there another for this
difference which alluded to. 1t is this: The States
sovereign the Territories not. The sovereignty
of the people the Territories dormant and IN abey-
ance Till State government IS organized and establish
ed repel the idea of the federal government having po
tca sovereignty the people of Territory, founded
upon the fact that the United States the propreors of
|
But State the federal has not even such
pre,ence of and boundaries to
make internal improvements without her consent.
Mr.. WEBSTER. That is the very question in dispute.
You take it for granted.
| Mr.. WESTCOTr. No, sir; am stating the distinction
that conceive exists in the two cases Nobody contends
that Territories have the right forbid the United States
making such Improvements within their limits. l contend
for the heren people of the Territories
but dormant, and incapable of being exercised u the
State organized 1t does exist rcpel the United
States and the interest of the United States proprietor of
lands territories, would preclude such opposon If tho
of the people of the Territories themselves did not
influence invite such improvements.
One word on another point The hrst amendment refers
the power proposed be exercised at present. aso
these territories the President. 1t known that did
support the election of General Taylor but have con.
hdence that the power will be exercised properly lie has
every inducemen exercise wisely and properly.
would embarrass his administration if could, and es
pecialy would not this delicate subject political
party in anywise On the contrary, regard
the of this temporary organization of these terri
hin aordng him opportunity to gather civic
glory niperishabe the military renOwn he has acS
qured in the of his country by adopting patriotic
and udcous If he should the threatened
storm impending the country, he will earn need of
honor for his success corresponding degree to the namy
those deserve who have brought upon repeat have
confidence he will wisely judiciousy and periodically
do consider the clause the amendment expressly
extending the OF the United States at
all important Out of abundant caution others
may desire it, and content. Wherever the constitu-
ton extends legislation be necessary to give eff
cacy 1t speaks for itself and stands for itself would
be as appropriate insert proviso end Of all
laws Provided nothing that is unconstitutional in this act
shall be valid The clause being kept IN, or stricken out,
will not affect my vote Without it, hold the principles
of that will be in full force the Territories
well the States and will control II this not So it
should be If the coastuton does not extend Of its
force should be extended by express aw. Nobody de-
MES power to extend by law No one here disputes
such power We should exercise It, There is no officially
this. Like the fuled told of IN the Arabian
tales that constuo the bidding of its possessor,
be expanded army contracted for the pro-
lection of a solitary traveller.
The question being then taken upon Mr.. DArToN's
lam II b,
nays AZ.
WALKER accept modification of the amendment, by
inserting the words, $50 far the provisions of the
can re applied the Territory of the United States )" and
in the Goth line, after the word "entorc,ment the words
sprovsons of the constitution hereinbefore referred tor &c
! Mr.. WALKER believing that it would not change the
of the bill at all expressed Willingness to accept the
Mr. BUTLER. You had better adhere your original
proposition, and not accept the amendment
/ Mr. WALKER remarked that he would accept 1t unless
The VICE PRESIDENT inquired whether he intended
Mr. WALKER will accept, it,
Mr. BALDWIN. | do not rise, sir, for the purpose of
making Speech but do rise to state my concurrence in
the expressed by my colleague regard to the
nexpedcncy OF Congress passing any form OF
law and especially ENGRAVING upon the appropriation bill
provision like this for the government OF California But
wish also direct the attention of the Senate to of the
provisions of this amcndmentthat the constitution of the
United and all and several of the acts of Congress
specng the registering and recording and enrolling of ves-
ses fishery, &c, shall be extended to California. Now,
sir ask the senator from Wisconsin Mr. WALKER] if he
that that provision would extend to the territory OF
California the ninth section of the prohibiting the i'm
poraon the United States which section pro-
vdes that the captain the master Of any vessel of bur
den of forty moe sailing coastwlse from any port
Of the United States another having board negroes,
muaoes other persons of color for the purpose of hold
ing them slaves, obliged deliver manifest to the
collector and receive permit, &c
Now sir this is the provision of law under which the
traffic between slave State and another Is now
carried on if this provision regulating the coastng trade
this particular is extended as would be ny the provis-
ions of this amendment to the territory OF California; 1t
would to that certainly he regarded as sanconlng
bv Congress- extension of this coastwse traffic TO all
those territories belonging the United States,
and within our knowledge and jurisdiction, for that would
be an ex Dress law. Now, cir, utterly opposed, 1t 1t
were proper cgislae all upon this appropriation bill
upon this subject opposed to the enactment OF any
law embracing in general all the authority Of tho
= ~ula,ion that is here contained think, sir, the
wises course specify particularly every act that is
Incident to adopt for of the territory apply
each separately the territory and not adopt the sweeping
contained in this amendment OF the tory Of
laws many of which certainly must be out of the recoec
ton of senators who called upon upon them, and
many which may be very improper for extend
those The heretofore pursued, unless
am mistaken in regard all the territories has been
specify the particular which deemed expedent
= extend to the territories, and stop there
But, did not rise for the purpose OF making speech
upon this amendment but simply for the purpose of
costing these objections, and also to further my
ndspositon any Of these amendments which
have been proposed this appropriation bill deem Il
rories We have, suggested yesterday by the SEN
Iator from Mas Mr. L q