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

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probation upon The opposition which gen.
: tlemen have made To The extension oi tho
constitution over the territories al The Uni.
J ted Suites. Then The simple question is.
does the Constitution of tie Unlied States
extend to he Territories Why, sir, the
constitution 'nlerpreis itself IL pronouDces
Itself 10 be the supreme law of tho land"
Mr.. Webster, lin lis seai.) What land
Mr.. Calhoun. "The land" The lend
belonging 10 the United States, or the ter.
ri'ofies Of the United States ms part Of
the laud. Not the supreme law Of tbs
State only; wherever our flag goes, wher.
ever our authority goes, the Constitution.
IN parl-in all its suitable psrts-goes.
Why, sir, can we have auhuiily be, ond
the Constitution put the question TO
the honorable gentleman il Tho Consiiiu.
lion does not 60 iherel Are not we sub.
Jeci 10 the Constitution Is mol lie ex.
isence Of Congress Itself dependent upon
the Constitution Would II mol bs snn,hi.
lated with The Constitution And shall
We; the creature Of tie Constitution, pre-.
tend that We have hn u,hnriy beyond the
reach Of the Constitution Sill was told
few days since. that The Supreme Court
Of the United States had made decision,
,ha, the Constitution did mol extend to the
territories but BY act Of {. ngre,s. ! was
increduIous aud am now ncredulous, that
any tribunal pretending 10 have u knowl.
edge If our system Of government should
announce such a moBsiroUs hbsuidity.--
Such decision as that ~unld be signi6.
cant omen. But cir, Tor enc, say il
ought not, and mover can prevail. The
territories belong 10 W. They ero ours,
rs representatives. Of the $ sles Of The Tn.
ion, and whatever authority the United
States can exercise in the Constitution
mus, be exercised BY US. IL is by the gu.
thority Of he Constitution that they have
become ours. Sir, there arc some ques-
tons that do not admi, Of argument. This
IS one Of them. The mere statement car.
rIes with il The conclusion.
| reJnce, then, to herr gentlemen BY
implication acknowledge that if the Con.
sltulinn be there, We are under lie shield.
The South want no higher or stronger pc.
siion to stand upon. You have put "
upon high grounds. You have admitted
that tho only means Of defending your
claims, sud refusing ours, is TO deny the
existence &c the Constitution in The Terri.
torres. The gentleman from Massschu.
se'ts, ! said, only partially acknowledges
II. He scknow tina, the great fun.
dsmen,al principles of our Government
ta II =. L.,
Now, sir. IS there more fundamental
principle than this-that this is a federal
Union that tho States, as parties to the
Union, are States 10 which the territory
belong IN their federal capacity il there
more fundamental principle than this.
that there is n perfect equality between
the members Of the federal Union in all
respects' There can be none, sir. The
constitution forbids oil discrimination which
would subject enc portion of the Union
nearly half the entire number-,o the 9th.
er portion, upon any question.
SIR, will not dwell upon this longer. I
am ready to lls.en, II gentlemen choose TO
go Gu and show US BY VIA, ingenuity they
can make out their cnse. 1t is a mere as
seiilon TO say that the constitution does nos
extend to the territories. Prove lha, pro.
position. Prove that il does not extend :
that i. is incapable oil being extended.
| hold the whole course OF this debate 10
he triumphant upon tina, point. We are
put upon higher grounds. 1t has narrow.
ed the difference. and reduced it 10 a single
point. The true difference will be more
easily understood BY the community when
It is admitted that we can only be ous.ed
by ousting the Constitution.
Mr.. Douglas obtained the floor, bu, gave
way 10 MIR. Webster. | am sorry to bs
in your way, sir, 90 MIR. Douglas but /
should be very glad to have an opportuni.
ty to reply TO the Senator from South Ca.
rollna last speaking. The honorable gen.
tlemnn audes TO some decisions of the
Supreme Court, as affirming that the Con.
stitution Of the United States does not ex.
tend to the Territories Of the United
States, and he says that he regards il a.
very extraordinary.
Mr.. Calhoun. said tina, was told Of
them, but was incredulous Of the fact.
Mr.. Webster. Well, sir | can remove
the gen'leman's incredibly +; for The same
thing has been decided IN the Supreme
Cour. Of the United States for the last
thirty yeas.
Mr.. Butler asked for 40 instance.
Mr.. Webster. Ia Ave minutes rscol.
lection could give you half a dozen.
MIR. Butler. The case of Tan,es.
MIR. Webster. That is one. am
somewhat surprised al his remarks; for
can tell the honorable Senator from South
Carolina, tina, in forming this Judgment
upon the courts of the United States. sun.
posing them to have come to such a deci.
sion, he forms, as can very readily con.
vince him, an equally uniavorabse iudg.
menl OF his own repeated acts in both
houses of Congress. Now sir, the Consti.
tuition of the United States, the gentleman
argues extends over the territories. What
parts Of theml How does it &c, there Z
Most esDeciaIly for oenllema AZ distin