The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-27

49,.
discrimination which would subject one portion OF the
Unonnoary half the entire numbero the othef p'ruon'
Sir viii not dwell upon this longer am ready to lis
ten il gentlemen choose go and show us by what In
genuy they make out their case Is mere asscr
ton to say that the constitution does not extend 10 inc Ter
riories Prove that proposition Prove that does
extend that it is incapable of being extended.
Mold the whole course of this debate to be triumphant
mon his nont We are put upon higher grounds 1t has
narrowed the difference, and reduced II to single point
The true difference will DO easily understood by the
community when is admitted that We can only be oused
nv ousting the constitution.
Mr. DOUGLAS obaincd the floor, but gave way to
Mr. WEBSTER. | am sorry to be in your way, sir, to
Mr. DouGLAs,l but should be very glad to have an OPP
portuniy to reply to the senator from South Carolina
last speaking The honorable gentleman alludes to some
decisions of the Supreme Court affirming that the
tuition of United States does extend to the Terrific
es of the United States and he says thai he regards as
Mr.. CALHOUN. | said that was told of them, but |
was incredulous of tho fact.
Mr. WEBSTER We'll, sir, | remove the gentle
mans ncrednty for the same thing has been decided IN
the Supreme Court Of the United States for the last thirty
years.
Mr. WEBSTER. In five minutes recollection could
give you half dozen.
Mr. BUTLER. The case of Tanter'
Mr. WEBS TER. That is one. ! am somewhat sur
prsed at his remarks; for tell the honorable senator
from South Carolina that in forming this judgment upon the
of the United Safes supposng them to have
equally unfavoAbe judgment of his own repeated acts in
both houses of Congress Now sir the constitution Of the
United Sa,es the gentleman argues extends the terri
tories What parts of them' How does it get therei
Most especially, for gentleman distinguished among the
sct of the country, maintain that the
constitution of tho United States extends the 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 mnd the surprise.
p"e ,sa H upo" . Sa ua"sn . " ~.
ritoes, and other law existing there beg to know
sir how any political government would get on without
any other authority than such il created by the
constitution Of the United States? Does the constitution OF
the United States settle titles to land Does settle rights
of property Does it ascertain the law Of maiTasc' Doe.
it fix the relations of parent and child, guardian and
ward? Not Of them, sir Tho constitution of the
United States establishes what the gentleman calls
confederation for certain purposes, leaving all the
great mass of law which is to govern society to derive
their existence from State fountains That the just view
Of tho state of things under the constitution State or
Territory that had law but such could derive from
the constitution of the United States would be entirely
without any S territorial government. But further,
sir the honorable gentleman has been in Congress these
thirty years. and therefore, with every subject
mean of COURSE to except the time when, 80 much to
the advantage OF the country, he has been employed in
the establishment Of these territorial governments from
time to time- them always assented to them
always Now the honorable gentleman knows that the
Congress Of the United States have established prnci
pies and provisions respecting the Territories utterly
pusnant to the constitution of the United States. will
mention one that was alluded Just now by the honor
able senator from New Hampshre.hat the constitution
of the United States provides for the United States indie
pendent judiciary Every judge every court of the Uni
tenure of good behavior No judge in any of the
Territories which the honorable has himself
trbued establish held his Office upon such
He holds for term of years, holds it removable at
Executive discretion.
Mr. DAYTON DAYTON, HGwis it about Wisconsin,
Wisconsin, but remember very we'll that Gen. Jackson
turned the Judges up Michigan, which pretty
o
Satei Did the writ Of habeas corpus exist in
louisiana before its territorial government Dill the right
81 49,. yno -, .,c1
Louisiana before it became State, or before the law
creating territory gave 1t a right Of trial ny jury'
Nobody, sir nobody. Ii ia we'll for to look to
history do believe that there any light
TO be thrown upon the history of the proceeding of this
government in relation to that matter The history of
this government has shown that when new territory
has been obtained by acquisition from foreign nations,
that territory has been gvcn BY Congress-, such laws as
such laws Congress should pass for its government
during ia territorial existence during the piratory state
in which should remain until was fit 10 come in as one
of the family Of States.
Mr. President. the honorable senator argues that the
constitution declares itself the law of the land and therefore
pervade the territories. "lhe land take IT, sir,
the land which the constitution established
other words it the United States, united under the
constitution but does the gentleman that that
argument would prove great deal too much' The cons,
tuition says that the constitution itself shall be
the supreme law Of the land than 1t says that the laws Of
Congress shall be the supreme law of the land They
both in the position. "This con tuton, and the
laws of Congress passed under it, shall be-" says the
st!uiion, !" the supreme law of the land p"
Mr.. CALHOUN. The laws OF Congress made In pur-
suance of Its provisions.
Mr.. WEBS TER. Very well suppose the custom
house laws are made in pursuance of the constitution
The honorable member does deny that If the con-
sution, because is the supreme law of the land goes
these territories, then the custom-tou laws 60 with
IT, Under the provision, the constitution shall be the
law Of the land The laws aso Of Congress- made pur
of the constitution the law Of the land, and
legislation upon tn. subject necessary The genemans
argument proves that the Territory attached
to the United States all the laws Of Congress- well as
tn. constitution Of III. United bccom. the governing
rule ofmsns conduct and the rights of because they
be the law Of the land The laws Of Congress
be the law Of the land we'll the constitution
Sir, this is Of reasoning that be maintained
Suppose, SIR the Gro of Great Britain should make
cooquest-and 1t has made many-who heard it corr
tended that the constitution Of England the supreme
Of Parliament, because II the law of the
land extended these colonies until extended by
legislation Why sir the whole history Of the colonial
conque,s Of England shows exicy the be the
the right Of government, until civil government
provided by Parliament, exists only military power,
to be enforced by military under Executive authority
1t is subject The control of Parliament and Parliament
may make all laws which deems necessary and proper
dominion of the existing English laws until such provision
made. Well, 1t is exactly in tn. strain of political
eventst II exactly upon the bass Of the principles
that have adopted the constitutional principle that
territory becoming the property of the United States,
coming 10 belong the United States by acquisition
sion remains have coione be taken po.ses-
sion OF in the first place by Cong and then be gov
erned sSac,ly as Congress may prescribe.
Mr. CALHOUN. will be very short, and trust de-
o'sive IN M reply The senator's first objection
understand H. that show authority bv which the con-
hn