The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-28

OF congress OF INC Outiru outcs bciuIc
the constitution went into operation the judges OF those
courts appointed by Congress. Under the consa-
ton that could have been done There therefore,
conflict between the law Of the organizing
Territory northwest of the Ohio and the provisions Of the
constitution. Now, sir, all that Congress did simply
TO repeal that OF the organic law passed under the
confederation and ordan that after that the officers
should be appointed and should make reports the
President of the United States which before that they
were required to make to Congress BY that law you will
look into It, you will find that any deoaraon any enact
ment which carried the provisions Of the of the
United States and tho laws of the United States that
Territory, general and Of an enlarged kind
Now the motion to extend the constitution and the
general law 10 that territory shows The Of Congress-
conceive al that early period in our history that
not necessary to DO so but that they went without any
legislation by the intrinsic operation Of the instrument itself
and must have gone there in the way have stated be-
you require every officer every Judge dscharging
functions under the government in that territory
support the constitution. An oath support thing
which has validity, operation, air IL mott hardly
know what term to apply. SENATOR. absurd "
No, not absurd would not apply that To oath that
you will support thing when that thing has existence
validity, Notwithstanding to do with your action ;
but does to be of the strangest things IN
the world. will call it "strange," sir
MIR. WEBSTER Will the gentleman consider that this
oath has be taken under the Territorial law passed by
Congress in furhersnce Of the constitution and be-
FORE The gentleman may designate by any I'D ectve he
peases but will not change the for the oath is to be
taken when there government established by Congress
Mr.. UNDERWOOD resumed. Well, Mr.. President, it
restricted OATH under the idea suggested by the gent
from Massachusetts. 1t Is limited. 1t meaEs less
than oath, according to the constitution OF the country
deny that Congress can limit and restrict II IN the way
suggested Does the officer, when he TO take this
OATH swear will execute my duties In the manner which
Congress shall prescribe, regardless of the constitution!
will only look to the act of Congress in reference to the
manner in which l shall discharge my duties The ex-
PLANTATION of The gentleman is, to place restriction upon
the oath be taken deny that there can be any such
restriction Is the oath to he that he Will sup
port the constitution of the United States PARTIAL yin
limited sensc No, sir; is to support 1t totally, word
for word, wherever there any principle IN that nsru-
ment that operate within his jurisdiction That the
nature OF the oath, as conceive
WE'LL sir, to my friends illustrations introduced the
other day. there may be no law regulating rights OF prop
erty there may be laws in California New Mexico
mc from Spanish origin, that may be wholly ncon
sistet with what the American people and the Congress Of
the United States may desire admit that there can
be law without Legislative change l admit,
upon the principles OF international law, that the code
existing there at the time acquired the territory
mains unchanged until II is pleasure to change H. But
sir how the fact in relation that territory the time of
going there! 1t has been settled by American people
alb soo for it entire wilderness at the time of its
QUESTION II is admitted that our people, when they go
there, have law and 1t requires an act OF Congress
to regulate conveyances, to give titles TO land, &c But
how does that cesson operate against the position which
assumed, that all the principles OF the cons'itu-
ton which can have operation there go just as the
arises to which they apply. conceive, sir, 1t
does not touch the position assumed You have no
right in State make any of the regulations which the
senator has referred 1t belongs the State. concede
yonr right in the territory and only what con-
coded at the outset that the power may be domant may
DC Inactive, iHeHcicHI, uHtu you orinS " hto oSu'c
play by establishing your machinery. Bat sir, you
have got treaty. [ presume that operates in Cali
fornia and New Mexico. How does that treaty ope-
rae' say that it operates ia virtue of the constitu
tuton and without the constitution. The treaty could
have effect in the territories The treaty operates there
according the decisions of the Supreme Court upon
of grounds Either consequence Of the treaty.
making power We either acquire 1t by the treaty, or BY
the force Of 1t may be said have double claim
to it, having acquired it both by war and by treaty is
this acquisition under the constitution, which makes
part of the United States The constitution therefore, ope
far to make part of this nation 10 that ex
tent SIR does operate without legislation. Can you deny
hat The gentleman who denies that denies that we have
any title to, authority over, California or New Mexico
all It's the treaty only which gvea us Alright to the ter
ritory II is the treaty alone which gives US right to
establish government there.
One idea more According the principles of inter-
national law, when people conquer another people, the
conquered people ose to speak, their allegiance TO their
former MASTER aud bound by description of ale
glance the maste-o the conqueror Now, sir, if
have acquired the territory have acquired these new
relations the people of hs territory Their allegiance to
the old master being broken the allegiance which binds them
the being fixed and confirmed ask you If they
are not in condition TO become traitors to their country it
they commit against them and if whether the
principles of the constitution and criminal law not express
y extended there do not operate to give you right
punish them Ii that be not rue there be theft
punished in California. Under the principles of this crmi-
nal law there be traitor punished there The crml-
dead letter. and nothing operates there unless it
be the treaty created by the Senate and the President making
part of country Sir, cannot concede doctrine of
that Sort unless with decision of the Supreme Court
establishing the proposition and produced upon this floor
have such decision and think no such decision
exists.
Mr.. President rcgreat much it is possible for any
man to regret that We are wasting day after day upon
questions OF this soit growing OF the institutions OF
slavery in the South, and the hostility towards 1t In tho
North, with regard to the provision of government for
these Territories. Sir it il sad spectacle IN this Ameri-
can people. II has been so, it is now, and fear
will be for long time to There is, In my
humble udg but way settle it enormously; and
the people OF the United States would adopt IT. seems to
would give peace and tranquility to all sensible mem
that is leave the people of the territories to settle 1t
for themselves What objection can you make to III
astonished, when acting upon The committee
the last session, when that propos ton was made,
to find bu, one beside myself in the commit
tee consisting of eight members, to vote for 1T and
that the honorable gentleman from New fork. What
the proposition Of the from Tennessees What
the proposition OF the from lnois To let them
form State government and admit them as State, and
in that way allow them to make constitution for them
Selves and regulate this question for themselves. Sir,
they do any better by State government than by
Territorial legislation 1t does to me TO be out of
the question As TO letting the people of that ter
ritory form State constitution and forthwith admit
ting them into the Union, am at present altogether
opposed TO il. II seems to altogether out of the
question expect n settlement in that way; while at
the time refusing allow them to settle the
difficulty for themselves by the fundamentally of terrific
rial legislation. There is some great magic, suppose in
settling il by State constitution. If they do settle by
that magic wand is not to be settled at ALL 1t does seem
to that upon PLAIN proposition there ought not y
be such difference Of opinion afraid, viewing it Al
do that be easily settled by Stale govern
ment If you will only consent to let the people settle it
for themselves they say there would be end Of the diff
Guilty. Sir am afraid that those political agatos-thosc
party NEUTRALITY-SUSPICIOUS. hopes-those Interior hopes Of
personal elevation, and all that kind Of thing, is at
nj 0ll l m aTruid that