The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-28

~-.ss.r.s.z...-.
acor with great pleasure If the Senator desires takns
N~ Br,.,,-, understood the Senator to ask NE
whether the State OF Massachusetts =
Mr WEssrER- Tin his seat) NO, SIR
Mr.. BuTLsR-My opinion ID, 'hsh' sne Sens'of
Mr.. CsInour-(In lie ssat) He did not ask you.
Mr BurLEn-Then | beg your pardon, sir, for the
Mr WrBsrEn-I have not the least bjection, sir;
cid make point of this win hear the &c oIs,
always feel for him All that meant 10 say s, that
he 10 pre- pared reduce what seemed to be general
charge 10 particular charge and il ne shall under
sake TO specify EARTHQUAKES case in which the
Legislature Of the State whose representative i am
here hes foreborns observe, or mas broken or a.
tempted to break VIC ate the compromises OF toe
constitution. will BIS my duty to meet that qassp
and defs nd the State in which live do not ln'enu
10 20 into that sir at all at present Other States can
apswsr for themfeves. tits OF some imports noe n We
should seek have clear ideas and correct s
the question which this ame dmeIt Of the honoraoe
Senator from Wisconsin presents to u.s. ana sspeS
that we should seek to get some conception OF wna.
meant by proposition Of Law extend the &C ntto-
tiop Of the United states to territory. why INC
thing IL utterly impossible All the Sgsssres ~
vorlS in this ce reral form could not accomplish It,
There Is no ccagruly; there ID no oa'c ior the 80
s,on o. hgisas What il il? We extend the oonsti.
tution of De United States, by Law, to territory:
Wall ~bst il the fist principle Of the constitution!
WIN 1, t not II ali within It's influence and
sbs be represented In the legislature which
Il s.tablnhss ,hall have not only right OF debate,
in both houses Of the -gielsture Is not that the fun
dsnentai principle Of the consultation! Does 1t not
all rstt upon that? Can by law, ex end that to a
territory Of the United States? Every body will
that it is altogether u,prsccaolc Well the amend,
m. gees in the way aud says further, that
the revenue laws shall far they suitable, be-
spped this case Now should hike to know whether
that qualification Of the honorable member, he
app les far is suitable, TO the
sttu,ion ITSELF whether he understands that ual-
hcAten as applicable only to the revenue lava OF the
Unttd States VIII CHI lie proposes to establish In the
Mr.. WALxrn-I would say this, sir, that whatever
ho~a h.., .tA u, h. fse inf hat
certainly not my .ning TO frame the anne dment
to extend the constitution to this territory In tnose
Ysspe which not applicable but only those In
MIR. WnpsIrR-T ben it come. to this, that the con
sttution Is to be- exile nded 10 tae
Territory how ia prsc icabe co be left to
the President OF the United States and therefore,
the of the United States afler 1t 10 terri
tory il an ABSOLUTE pot that territory He Is
the judge what Is suitable and of what Is une table
ana what he thinks suitable he applies and what he
thinks unsuitable he refuses to apply lie Is omaes IN
Acc IL s to in general terms, that the Presideat
oil the nited States snail govern thb territory as ne
sees fit until Congress makes further provi,ion IL
that be it. it IL exactly leaving the territory under tho
military rule which now suosists over it The Pre-
side mt may make the custom houses, attempted in
the Florids but the amend nent leaves every
thing else exactly where is Now, II the gentleman
win ne kin enough to tell me what principles OF the
eopttitu,ion supposes .utable-what ton he
viii draw b+twsen che suitable and unsuitable, as sp
plying to California; shah be better instructed but
1t me- only say, sir that in its general
ruch thing eDdiDg the constitution of the
Upted States over q TERRITORY The constitution of
the United established the Untsd States,
and over nothing else IL can be established over
States that shall in hereafter whe they do come
In, IN, then come under the constitution. There Is
confusion Of itsae sir in this respect, which quite
remarkable among intelligent gentlemen, sad espe-
ciay among professional and Judicial characters IL
TO be taken for granted that the rights OF trial oy
jury Of habeas c0Jyns thing IN the conssi
tuon Of the United States designed to protect perso
liberty by force of the constitution, is extended
ed; that proposition can Tot be maintained all How
do you arrive at 1t? Why cir by the loosest OF all
potsle inferences It asked is possble th-t those
Of our fellow cizens are not entitled TO the writ OF
Aab,0s corpus and trial by jury Yes, sir, II Is very
po,Sie s4a very as sbsm sO of
that tshes with 1t and maintains these neral pinci-
pies OF public liberty Why the IDEAS OF some gen,
Cuba to become cession to the nited TO-
morrow doss any one suppose that tbs habeas corpus
and iAl by jury attaches itself to Cuba? Why Any
more, let me ask let ask, espec ally, the no
norsbls Senator from South Csrolina-why are they
entitled to these rights any than to our election
laws political fra nchises-popular franchises? Sir,
the whole authority Of Congress on this subject oom
pr ed in that very short provision that all
have power to make all peedful rules and regulations
respecting he territories Of the United States The
VOID is territory for it Is quite evident that
trainers of the constitution looked TO our new acces-
to make ew terrtoree; but ast-rritories have
bsen acquired from time TO time, they have been re-
garded within ge neral scope and provision OF
the constitution, ar are all governed by that We
have territory yet either In respect to tax
alton, In respect TO Raion OF udlcature or
Legislature or any hing ese but thy bave always had
eonstitui ion peculiar TO Themselves supposed TO os
s he Ia. Of Congress estsbrhns territorial govern.
me mt, AM that go,ernme mt may be one way, or II
may be another. need not ray, ane do not say tnss
While we SIT b, re to pass law. for the ter
Titories not bound by every one OF the greae
our cor stution and made tue undation upon which
II rests. We should b. unjust TO ourselves, 10 the
spirit Of the to tue cause Oh liberty ana
good z. me failed observe with religious
scrupulouspe.e in thu formation OF territorial 60
vermont Of there great, free liberal popular
eopssrvave principles These are enc co
that operate upon US in passing the law THESE
principles do not cannot IN their own auhofisy'
rop'fo rgors attach 10 Cuba or any cesson OF terrific
~ because upon csssion Of territ,r y TO the
States that territory does not become part Of the ait
ed States propose, sir, not to this discussion;
but do ash ee me who habit discrmi
nation-I ask the Hon. Senator from s. Caroins, par
ticuary-to guish seen the great prn oipee
to govern us while we pas. laws the 60
mt Of territories and those inopes which are
Inherent in our own system at home-psr ana parse
Of the authority der which act and from which
not at liberty in any to depart. It seems
to that may any part OF the constitution OF
the Unite States that think applicable to the terri
tory and enact that It shall be Law Of the territory
u will be but 1t will stan the enlistment hpon
the authority Of the of Congress- and not upon the
general authority OF the contribution of the United
States because lie OIL daylight that the constt
ever for the the territories except that
provision which leaves II all to the discretion OF Con
regarding them not Of the uited Statrsoot
part and portion Of the United States but ter
ritory owned by the I'm ted States and the MON
established under the constitution
Mr.. CALHOUN Mr. President rise, not to detain the
Senate to any extent but to make few remarks upon
the proposition just advanced by The Senator fron New
Jersey INF DaJtop0 erdoreed in full by the Senator
from New Hampshire. (Mr HsleJ and partially endors-
by the Senator from Massschusetts, (hr. websterD
that the constitution Of the United States does not
extend to the territories Now sir sm very happy TO
hear this proposition for 1t will have the effect OF mar
rowing the controversy very great degree between
the North and the South regards the slave question
IL s implied admission the part OF these gentle
men to deny it, for the consultation does exte nd to
the territories the South will he protected In its pro-
p.rty in the territories 1t will be under the shield OF
the sttstion and you put other ipterpreta
ton upon the opposition which gentlemen have made
to The xttnsob Of the constitution the terrific
ries OF the United States. Then the simple question
No. does the constitution Of the United States sxte nd
TO the territtres' Why, cir the constitution inter-
Prets Itself II pronounces itself to be the supreme
Law Of The land
Mr. WsBsrER I'm his sea)-whst land?
Mr. CALHOUN" The land The land belonging to
the United Ststes. OF the territories Of the United