The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-13

the amendment to the other Sir, maintain that propo.
ston to its fullest extent Tho constitution Mr. Presi-
the United States and the constitution are established The
writ OF hdbeds corpus be suspended 1t presup
poses therefore ne right to the writ of habsas corpus
sng under tie constitution and laws Of the United States
1t certainly does presume that such right shall be sus
pended where It's right has been recognised by law Now
sir, If we have by amendment to bill which have
sent to the other House extended 60 nomne the coas'
tuition of the United States to California and New Mexi-
the constitution of the United States will carry with
as many OF Its provisions will possibly apply to that
terrtoryas many possible, say, and not pract
cable. Can there be any harm in extending the pro-
visions OF the constitution far possible You might
do harm by restricting il, or making distinction be-
Of the United States and the constitution Of the United
States TO California and citizen seized unlawfuliy
would be an anomaly and repugnant to the principles
OF common law TO deny him the writ of habeas corpus
1t is presupposed in this very instrument that he can
not be arbitrarily detained, and denied this right,
II, then, the constitution goes there at all-and main
be unnecessary to pass this law. should have no OBJ
lection to the amendment of the honorable senator from
Connecticut, mir BALDwIs however1as say the con
stituton ought 80 there and carry with it these rights
although should think IT an act OF supererogation I'M
less sir intended to apply to slaves Nobody can
maintain that the writ Of habeas corpus demandabe by
a slave. Who has right TO demand writ of habeas
corpus? No one, sir, who not entitled to his freedom.
Why sir, it be that who sustans the relation of
slave demand the right to the habeas corpusP Sir,
such demand would be rebellion, under the forms of
law. What should you think, sir, if any of these
fanatical ultrasts should go from Connecticut or any
other place-to South Carolina if you choose for it is
the CUSTOM speaking of the odous slave States, to
refer to Louisiana, or Mississippi or South Caoina-and
should demand the writ OF habeas corpus for the slaves
No have it with the knowledge upon the part of
the judge that he is slave, for no slave has right to it
has right to the writ of hxbeas corpus who is
not detained arbitrarily and who has not right to regain
MIR. BALDWIN Will the senator allow me to state
a fact which stated before he came I'M The language
of this amendment taken from the act of Congress
the State Of Missouri
It gives the right to the writ OF hdbeas corpus to the Sin
habitants"
lawyer. have great respect for his precedents.
understood, strand was not in when he made his
markshat the object might be TO give that right to any
that might be detained slaves in California II that
his intention let him avow it. | think it an act of
sapererogaor legislation if be anything else than this
l have myself been magistrate, and have tried
where the claimant held to be slave, and have
many colored man free that had been kidnapped
would not deny the ghtto man on account OF his color
would say that the right ought not to extend TO any
inhaban OF California 10 be set free when unlawfully
detained.
But why introduce this measure upon this occasion.
when il rejected last night If we right in main
tanning that the constitution nomine, is extended to
California, this very vital provision, The writ OF habeas
other House bill which contains provision extend
the constitution that territory Respect at least, for
the decision of that body should induce pause until
hear the result Who can the necessity of this
kind OF phanhropc solicude upon the subject ltdoes
to that there is perlinacity about it growing
out OF purpose that is not avowed say for that
should be very sorry that the writ of habeas corpus and
trial by jury should not be given TO all OF our citizens
believe thai they are already entitled to it, If this amend
ment is merely to- confirm and strengthen that right do
not know that should object to it, 1t seems to me, how
ever rather unnecessary.
But why this accumulation of philanthropy 1t pro-
posed first this BILL and then to that one after another
suppose that the next thing hear will be- that upon the
reading OF bill Bcit enacted by the Senate and House
Congress assembled, that pension of $50 per annum
be- and hereby is, granted to Miss Sally Coombs," or
somebody else we shall have amendment proposed
the citizens of California and New Mexico Has it
10 this that bill be passed in this chamber
but this agiiang question must be appended TO land
that unnecessarily as must be permitted 10 say say
It with great respect to the honorable gentleman from
Connecticut, for whose legal attachments have high
TO vndcate the opinion Which has been to me
and which am willing to adopt, that the laws of the
United States. and the constitution of the United States
being extended to those territories, carry with them the
Mr.. RUSK obtained the aoor but gave way to
Mr.. BALDWIN. who stated, that in the formation of
the government OF Louisiana similar language was used
reading the clause.
Mr.; BUTLER. Were it not for the general provision
contained in the amendment to the civil and diplomatic
oil, such a provision light perhaps, be necessary.
Mr. BALDWIN. Does the gentleman from South Car
DINA, lawyer, say that the extension of the consti-
tuition to the territories carries with the right OF habcas
MI. BUTLER do, sir and other lawyers will sus-
tam me in that
Mr., RUSK moved to amend the amendment by adding
the following words:
Provded That nothing herein contained shall be so con-
strued as to Interfere in respect with the rights of
properly In any State or OF individuals.
Mr.. BERRIEN. do not pretend to enter into the mo-
tives which prompt the to offer this amendment
The senator who offers it has reasons for so doing
have no doubt and he will decide for himself whether
they are Sufficient or otherwise But, sir it does to
me, this late stage of the session. when after very pro-
tracted debate have sent to the other House of Con-
gress bill containing the outlines of government for
those territories, that is at least of supereroga
ton to pass in another bill with which this subject has
no cOnnexion, further provision for the government of
the territories of California and New Mexico repeat,
sir do not enter into the motives of the honorable
DO not pretend to affirm that the object of attach
ing an amendment like this to the present BILL is to show
the want of sufficient intelligence of sufficiently advised
counsel in the Senate of the United States, to weaken
the force OF the amendment which they have sent TO the
House of Representatives upon the civil and diplomatic
appropriation bill but such will be its effect if shall
be called to committee of conference upon this subject
The fact that we did not know minds sufficiently
to express 1t IN the provision we first made for the gov
eminent of those territories, will be manifested by the
adoption OF the amendment offered by the senator from
Connecticut
Sir have sent to the House OF Representatives a
bill containing provision tor the government of those
territories We have enacted that those provisions which
can be applied to the condition of the territories OF the
United States shall be operative there We have invested
the PRESIDENT OF the United States with power to pre-
scribe rules and regulations for the government OF those
territories; but we have limited the exercise of those
powers oy requiring that in prescribing them they shall
De IN conformity to the constitution Now, sir, the sim
yhntknr H.