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

osbs United States extend the Territories Why, air.
b constitution nterpres ITSELF it pronounces itself be
,bs supreme law of the land"
Mr. WEBSTER, lin his seai) What land
Nj CALHOUN. '"THE land" The land belonging
y, The United States the territories of the United
States as part of the land Not the supreme law
If the States only; wherever our flag goes, wherever
our authority goes the constitution, IN part-in all lis
Unable parls-goes Why, sir can we have authority
beyond the constitution PIT the question to the honora
he penteman the constitution does go there, how do
we 20 here' Arc not We subject to the constitutions Does
mai Congress hold its under the constitution
syssi Would tno be annhilated with the constitution
And shall the creature ofIhe constitution, pretend that
we have authority beyond the reach of the consttu
lion Sir Was told few days since, that the Supreme
Court of the United States had made decision that the
siuon did not extend TO the territories but by act of
Congress lncredulous, and am nov lncredulous,
tina, any tribunal pretending to have Knowledge of
system of government should profess such monstrous
sb,urity Such decision that would be a significant
omen Bot sir, for say ought not, and
nevsl The territories belong US. They ore ours "a
representatives of the States of the Union. We the
of certain States of this Union and what
ever authority the United States have in ihe territories
extends as well as to others. IL is through the
authority of the constitution that they have become
Sir there questions that do ad mit Of
men This is Of them. The statement carries
with il the proof OF the fact.
am ejoiced to hear gentlemen by implication actnowl-
edge that the constitution be there, under its
shield The South higher stronger grounds 10
stand upon. You have put upon high grounds. You
have admitted that the only of defending your claims
and refusing ours deny the of consttu-
ton in the Territories The gentleman from Massachusetts,
Isav only partially acknowledges it. He ackno ges
tha the great fundamental principles of government
NAV be carried there. He right that; he right in
that Now, SIR there more fundamental principle Than
ths-tha this is federal Union; that the States parts
af,he Jnon States which the territory belongs in
hat capacity under the constitution Is there fun
damene principle than thisthat there perfect equality
between the members of the federal Union all respects
There can be none, sir. The constitution forbds all
discrimination which would subject portion of the
fundamentally hall the entire numberto the other portion
upon any question:
Sir will dwell upon this longer. am ready to lis.
ten gentlemen choose to go and show by what in
genuy they AN make out their Ii is
lion 10 say the constitution does extend the
tories Pcove that proposition. Prove that it does
extend that il is incapable of being extended.
hold the whole of this debate be triumphant
upon this point We are put upon higher grounds We
have much grounds. 1t will be easily
derstooI where md, when it is admitted that
only ousted by ousting the constitution.
Mr.. DOUGLAS Obtained the floor, but gave way
MIR. WEBSTER. am sorry to be in your way, sir to
Mr. DOUGLAS, but should be very glad have OPP
portunity reply the senator from South Carolina
last speaking. The honorable gentleman alludes
decisions Of the Supreme Court, about which do par
icuary know affirming that the institution of the
United States does extend the Territories of the Uni
ted States and he says that he regards very extraor-
Mr. CALHOUN | said that was told of them but
was incredulous of the fact.
Mr.. WEBSTER We'll, sir, can remove the gentle
mans ncreduty for the thing has been decided in
the Supreme Court Of the United States for the last thirty
Mr. BUTLER asked for an instance.
Mr.. WEBS TER. In five minutes recollection could
give you half dozen.
Mr. BUTLER The case of Tanner?
Mr.. WEBSTER That is one. somewhat sur
prised his remarks; for tell the honorable
from South Carolina that in forming this judgment upon the
court of the United Safes supposing them to have to
such decision, he FORMS readily him
equally unfavorsbe judgment of his repeated
both houses of Congress Now, SIR the constitution OF the
United States the gentleman argues extends The terri
tories. What parts of them? How does it get there
Most especially, for gentleman distinguished among the
strict consruconss of the country, that the
constitution Of the United States territories
without showing any clause of the constitution any way
leading that result from which such result could in
any way be Inferred increases my mind, the surprise
One idea further SIR upon that branch Of the subject
Does the constitution of the United States extend the
territories and other law the territories beg to
know, sir, how any political government would get with
any other authority than such created by the
of the United States? Does the constitution
the United States settle titles to and Does settle rights
popery' Does 1t ascertain the law of mariagei Does
fix the relations of parent and child, guardian and
ward! Not one of them sir. The constitution of the
United States consists of what the gentleman calls
confederation for certain great purposes leaving all the
great Of law which is to govern society derive
Itself from State fountains That just view of state
OF things here. State Territory that had law bu
such could derive from the constitution of the United
States would be entirely without any State government
But further Sir the honorable gentleman has been in Con-
gress these thirty years conversant with every subject
mean, of course, to except the time when, much
the advantage of the country, he has been employed in
another branch of the government He has assisted in
the establishment of these territorial governments from
time to time seen them always asscnted to them
always Now, the honorable gentleman knows that the
Congress of the United States have established prnc
pies aud provisions respecting the Territories utterly
Psnanl to the constitution of the United States. | vii
mention one that alluded Just now by the honor
able senator from New Hampshire-hat the constitution
OF the United States provides for the United States indie
pendent judiciary Every judge every court of the Uni
ted States holds his commission and his Office upon thu
tenure of good behavior No judge in any Of thu
Territories which the honorable has himself
tbuted 10 establish held his Office upon such
he holds for term of years. holds it removable
Exc discretion
.hr. DAY TON. How is it about Wisconsin,
Mr.. WEBSTER. l do know particularly abou,
wisconsin, but remember very we'll that Gen. Jackson
turned out the Judges Michigan, which pretty
Wisconsin. Laughter The tenures all for a tern
OF years Now, 81 how did govern Louisiana before
was Slater Did the writ of habeas corpus in
Louisiana before its territorial government Dill the RICH
OF uial by Juryf Who heard of trial by jury il
louisiana before became Safe, before the Law
creating territory gave 1t right of trial by jury
Nobody, sir nobody 1t is well for US to look to ou
history. | do not believe much in new-ghts. The his
,ory OF this government has shown that when territory
mas been Obtained by acqu sion from foreign nations
VII" territory has been given by Congress, such laws
nsfess should pass for Its immediate government ant
men such law as Congress should pass for its government
ns Us territorial existence during prep lratory state
IN which should remain until il was fit to come in as on.
OF the family of States
Mr. President. the honorable member regards that thu
declares itself the law of the land and therefore
must pervade the territories The land take IT, sir means
e land over which the constitution was established or
oher words, II means the United States, united under thu
y "o'ioh; out does not the gentleman that tina
sument would prove great deal too much9 The const
sutton no more says that the constitution itself shall Ia
md than Oh tta -