The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-04-06


hat, ! chow no authority by which The
Constitution IS extended TO the territories.
Well sir, | ask the Senator If | did mol
inquire how dad Congress get any power
over the Territories.
Mr.. Webster. By thu, provision Of The
Constitution which provides that Con
gress shall have power To dispose Of aud
make all neeAul rules and regulations re-
speeiIng the territory or other properly
belonging to the United Slates."
Mr.. Calhoun, Then 10 that extent at
least the Senator admits that the Const.
luton extends to the territories, in direct
contradiction 10 the assertion that II does
not extend 10 them.
Mr.. Webster To be sure i, does the
power 10 make laws.
Mr.. Calhoun. The Senator saws, IN
thaking laws. ] answer not laws in refer.
eGce to the government al the territory,
but IN reference 10 II as property, Cor II
expressly uai,es territory with other pro-
petty of the United States, showing thu,
/, regards Territory simply Us property,
and gives Congress only the power Of reg
ulaiing il as such. Now, | ask the Senl
tor where does he Sc, the power 10 es,ab
lish a territorial government, If The Consti.
tuition extends to territory. only 10 The ex.
tert of regulating II as property !
Where. then, do you get your legisla
i've power over territories repeat, how
do you extend the authority OF Congress
to The territories, wen the existence of
Congress depends upon the Constitution ?
Can any one answer NE And yet the
Senator said assigned no reason for il. |
assigned the strongest rrason-ihat II the
Constitution does no, extend there, you
have no right TO leglsla,e there.
/ His next point is that the Constitution
is confined exclusively to the States, and
he was surprised 10 hear from me the rule
laid down upon the subject. He stated
that the Constitution OF Itself cannot exc.
cute itself? II requires The government. |
never asserted that the Constitution could
execute itself without government. Ii
can no more execute itself within the
Safes without government, than beyond
the SAFES without q government. II re-
qufcs human agency 10 support II every
where. | say nothing as 10 that.
His next objection is that all the pro.
visions Of tie Constitution do not extend
to the territories land he mentions the
case Of judges, appointed for term Of
wears ia The territories, and the Coustiiu-
ton requires that judges Of The Supreme
and inferior courts shall hold their tenure
during good behavior. He SAYS that this
proves that these judges do not come uu.
der The provision. nf the Constitution.
Mr.. Webser. So far as an appeal lies
from them, they are Inferior courts.
Mr.. Calhoun. So an appeal lies from
the State courts, and many Of the judges
of the State courts do no, hold their ,ennrs
for term Of years. Are they, too, lnie
ror courts within the meanlrgo oil the Con
stiiuliou Now, sir, whether the Con
rress Of the Unned States has right 1,
fix the legal tenure Of the Judges or not
do not pretend TO say. 1t may be tha
Congress has stretched lis power beyond
the constitution, or II may be that The
courts have decided erroneously. That !.
question unnecessary for me TO decide
| never asserted that the whole consllIu
ton extends itself TO the territories. Many
OF ils provisions are lnapplicable TO the Ter
rtories. The greater portion was intend
ed 10 provide for the special legislation o
. the States composing the Union. But mn
ny provisions do extend TO the territories
He says there is nothing IN my orgu
ment declaring the constitution 10 be tn
supreme law of the land, because IT ais
provides that laws made IN pursuance Of
: are also The supreme Law Of the land an
c 10 illustration Of that position, he sssefte
that if such was The case It would be IN
5 necessary 10 establish custom house Ia y
il California as his bill proposes, as the *
e stlng custom house laws would be extend
: ed as matter Of course. la repy, stat
{ that, according TO my impression, all ID
!. custom house laws have local character
4 end are enacted in reference 10 partcula
e places by name. Am | right IN this i'm
e preston Several Senators /" Yes. J.
e Tney then, from their nature, cannot b
extended TO California without special lee
q lsla,on for The purpose.
do not remember whether the Senate
e has made any other objection. have no
:. iced them al, | think. It have not,
y shall be very glad TO be reminded Of an
5 Other, for | lis ened a,!cntise!y 10 his re
7 marks.
e / do not need 10 make out case. Ma
+, sir, The proposition thai the constitution U
he United States extends 10 the terrific
RES, a, far as II can be applicable 10 them
= IS so clear that even the gfea, talents o
the Senator from Massachusetts, hmseii
Mr. Webster cannot maintain the op
0 posIIe.
g 1t may be, indeed, doubtful what partic
{ u'lr provisions Of the constitution are o
e are not 10 be extended 10 territories IN ma
ny cases. But there is one entire class II
I refereGce TO which there Can be no doubt
. | ,-Nh ~