The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-28
CONGRESSIONAL.
DEFERRED DEBATE.
In SENArE-.Monday, february &c, 1919.

Mr. DOWNS said MIR. President, | Know that but
e time left and the Senate has much do and that
consequently there is time into anything like
general discussion Of this subject SHALL therefore, offer
few remarks two points only The first is the position
assumed by the honorable senator from New Jersey, Mr.
DAYTON that the constitution of the United States either
does extend proprO to the new territories that
il is incompetent for Congress to extend It thither
shall discussion OF the subject has
been already pretty extensively discussed wish only to
express my establishment at The extraordinary position
nmed by the honorable from New Jersey Ii
10 me that totally changes the position heretofore assumed
by that SENATOR and others from his Section this slave
question Why, sir, have been discussing here, during
the last session. about what rights the southern section of the
United States the people of that section have in the
territories under the constitution of the United States The
senator New Jersey entered into that discu sion
fly and as ably any senator on this Dor Various
vews of the opet alton of the constitution those
tories presented Everybody seemed to consider that
The constitution must necessarily extend there say that
after all this cannot but express asonshment that the
senator has brought forward light upon that subject
and found out that all discussions heretofore
have absurdes that all that said at the last aes-
sion about the operation of the constitution of the United
States in those territories useless because have
power extend the constitution at all.
avn astonished, Mr. President, on another ground !
have heard the suggestion frequently made-and lament
that the suggestion made-hat 1t Is not by the
mass the people Of the North but only by certain fanatics
there that the constitution sought to be amended 80 az
10 strike of that provision which guarantees the instu
ton of slavery in the South must congratulate those
fanatics and those who support them that new gS has
beamed this subject that it is not necessary to amend
the constitution in order deprive 1t of that operation IN
vor of the South far as regards the new territories
that is only to adop this new construction or
the extent of the operations of the constitution and the
rights of the South at swept away so far as the
territories concerned.
am asonshed at this suggestion for another reason
We Of the South frequently tainted with disregard OF
the constitution and attachment to the Union, which
charges utterly without foundation We have been tod
that however Objectionable the institution of slavery might
be- yet far guaranteed by the constitution we
should have it the fullest extent Now, however,, re-
gret Of the leading men OF the Northsti more
regret to see two yea perhaps more-take the ground IN
connection with this subject that shall not have the full
extent of the provisions Of the constitution. But sir,
while regret that such position has been taken on this
subject, rejoice at it account wish 1t to be re-
corded that may stand in judgment against these gentle
men hereafter | consider the ground which they have
taken this subject and the particular which the
honorable gentleman from New Jersey has given for his
OBJECTION a retracton of what said by gentlemen at
the session the operation of the constitution IN
those territories understand the principal ground of OBJ
lection of the honorable senator from New Jersey to be-
that the extension of the constitution those territories
would give tho South rights which they could not other
wise possess As do wish mistake to misrepre-
him. will quote his own language, as published in the
papers, He says:
In the third place. and especially it is objectiona-
bic because it extend by present enac'ments
the constitution of the United States over the territories oil
California and New Mexico
''No in the first place, this is Objectionable be-
cause changing the present condition of things in ref
RES"
There are other clauses in the paragraph which
will read The senator then objects TO extending the
constitution California because changes the state OF
things there's because changes the issue because places
those who hold southern views on different footing Mr.
President am glad, because it IL implied admission
that right and they were wrong IN the discussion
here last session. aud that have right under the constl-
tuition to remove with slaves to California and New
Mexico But has the senator considered the ultimate and
inevitable consequences of the doctrine which he advocates
should like know from that SENATOR if the constitution of
hGnted States does extend to those territories, by
wha, kind of authority there What authority have
them What right has Congress at ALL either IN Inc
Territories elsewhere, except under the constitution
What right has the senator himself to seat mere except
under il, Can we exercise any authority with regard to
that territory unless II is brought within the conroi OF e
constitution f the constitution does not extend over H.
pray what does extend have Understood that our
treaties made in accordance with the constitution OF the
United States and the constitution ITSELF were the supreme
law of the land. If have constitution there, we
have law right there. What right have we 70
hold that country as our property, unless the consu-
ton has operation there! None SIR, none whatever. II
the constitution, if the treaty made under the authority
Of the constitution, does extend there, there 10 no
law there and il this be true, then it decaratve that
we have right that country than to any foreign
country regret hear such declaration, for consider
coming from the very high authority that 1t does, as an
annncatio, that we right to that territory that
every Engishman South American
any esehas much right as we have to go there
and carry off the gold with which it abounds Ii we have
no greater right under tho constitution that
have any right ALL But will not dwell upon the subject
It seems to me that could not have been very
positive his conviction on the subject, Tor, IN inc
succeeding part of the Speech he assumes position
which is Utterly in conflict with the idea that constiu
ton constitutional law exists there In speaking OF ne
difficulties which the South would encounter IN taking their
slaves thther, which think very unnecessary eau
ton he describes the process by which, slaves are taken
there hteas corpus would be sued out and the slaves re-
leased depicted the consequences that would ensue
If the South should attempt resist the process NOW
would like hav, the honorable senator tell me now
habsa corpus could be ssued in California, unless th'
CONSTITUTION of the United States in operation there
do not understand that there is any SUCH rght ID oPs
ration no,.' under the of the Mexican government
and cannot how could be extended thither, unles
the constitution OF the United States be IN operation mere
But will not dwell tbs point nay principal ooico' ~
TO consider another branch o. the senator's my
that is, upon the subject of the competency OF
admit States into this Union without their paving ""'"
constitution and organized State government
feel myself called on, anxious am to avoid trcspaos
ing upon the time of the Senate to offer some remarks upoI
hs subject from the ausion that has been MADE
on all sides the action of ne Committee the Judiciary
on and the Misunderstanding which prevails in somt
quarters In regard TO the position which l. the minority
mat committee, hold upon this subject think II 10 clear
and that can be demonstrated and wish to be under
$1,000 that is competent for Congress to admit State int
inc Union before 1t has formed constitution and STATE
government And will say that the speech Of the hon
orabc senator from New Jersey to admit that Con
gress has this power. He says "Now, sir, permit tc
say as to this mode Of admitting State, if within thu
letter, ia in my judgment against the spiri, and ntcn
OF the constitution" He seems to admit, then, tha
within the letter. but against the spirit of the consttu
uon Again he says But there other objections
admitting this country State, aside from these con
Suuona or legal difficulties. This matter OF admIttin.
s'ate into the Union matter, great extent, of dis
s"on He puts discretion in italics; and in this
cretion.n
Mr. President understand from this that the HONORABLE
senator from New Jersey abandons the ground taken b.
me committee that competent" for Congress
aunt california State, and puts it on the ground