The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-25
THE UNION.

nay from the imperial power of Rome-adultesated IN
Span-sill aiulterated in Mexiao-delormed by
nsaees semba blrous and unreasonable-aws to which
the trial by Jury unknown and from the administration
of which nothing approaching that evehanded justice Sc
cared by the eveed principles of the law can ever
be expected arise
But what are say that part of this extraordi-
nary already cited of the learned senator from
accordance with which the civil and u-
dicia authorities heretofore exercised in said
be vested and exercised by such the Pes
dent of the United States may appoint" This word
- heretofore" SIR is very comprehensive term. In
its acceptation, 1t seems TO to apply to
all antecedent time; so that If we should adopt
this part the honorable senator's amendment, should
for the exercise Of every species of civil and nd-
ca authority at any heretofore exercised any part
of California and New Mexico. Whether this would be
likely bring upon the inhabitants the seventies of the IN
QUESTION formerly existing in Spain, and enforced by
blood and fire in Mexicowheher the ecclesiastical tribu-
nails of tho Roman Catholic church known have had
former existence in Mexico, and which perhaps, not
yet discontinued and whose authority derived directly
from the Pope Of Rome, Designed be kept in
nued existence established by the agency of 'emn
act of Congress- remains yet be explained by the honor
able from Massachusetts, when he shall choose to
calculate this perplexlng topic.
Mr. Pres dent 1 beg leave to submit few remarks
in special response the honorable from New Jef-
sey That gentleman objects very strenuousy to the INTRO
ducon of words the first and second lines of the
amendment OF the honorable senator from Wisconsin
These words the of the United Sates
The from New Jersey ends that IL IN not pos
sble that constitution of the United States be made
extend yond limits of the States of this confederacy,
and operate with validity and binding force IN the Terrific
of the Unon He contends that the treaty with Mex
did carry the constitution of the United States into
California and New Mexico and, addition, he insists
that it is not in the power of an act OF Congress now to e
feet that object Well air. this is certainly no, idea
with the honorable ON New Jersey have heard
several times expressed BEFORE and by sensible
but ne YER rainy without unaffected astonsh
ment The constitution of the United States, laws, and
treaties made in conformity Herewith, constitute the SUI
preme law of the land" What land Mr. President? There
but One which be given to this question: and
that is the territorial surface Of this republic. The cons,u
ton and treaties and laws made under It's authority and
accordance with provisions, the law OF
the andthe whole land, from the Pacihc to the Atlantic
from northern southernfron eastern to
boundary The whole territorial surface embraced
within these limits constitutes land is occupied by
naton--our whole naon-States and Territories IN
cuded .and that which il the supreme law of por-
ton of this republic, the supreme law of all poI
tons of it, part Of the supreme law-o w.t. the ratl-
fed treaty with Mexico II has entered the territories
of California and New Mexico-has entered these terrific
under the authority of the constitutions and without that
authority could not have entered them at ALL or have had
least valid and operative effect therein and yet learned
gentlemen contend that though the treaty force in these
Territories the constitution of the republic Is not entitled ID
claim the least respect from those who dwell therein.
Again. sir the President of the United States has no
pc except that which he derives from the constitution
As aderinchef of the army and navy Of the Unon
no have authority control all military force
which may be stationed in portions of the national territory
included within the limits OF any of the States OF the
confederacy Can he this authority thus derived
from the nsiit lon within the Territories without the
constitution itself being attendant upon him in this exercise
Of power and operating with restraining influence upon all
the subordinate which he may be compelled to
ploy in the performance of his constitutional duty?
Again Sit, Congress is authorized by the constitution to
app of inferior officers in the President
Suppose this nvestture actually to occur as proposed
in each Of the various amendments before suppose
also the President have made this appointment of nfe
rior officers under the authority of the constitution
officers only appointed by him. but necessarily espon
sibe him under the consttuonocers subject to dis
placement by him for ofcia, Observation-Disclosures super
vision Of whom he is bound by the constitution itself fiji
GENTLY to execse;-w any reasonable man contend that
all this supervision be exercised, this displacement
cur, these subordinate officers be restrained within the
sphere Of their duty by the President under the authority
Of the constitutions without the constitution itself being able
make the least Judgment within the territorial area wherein
these proceedings take place Again. provided
by the of the United States that all trials shall
be by jury If the constitution Of the United States has
already the territories California and New Mexico,
the right of trial by jury may be rghfuly claimed by all
persons who may be charged with crime before judicial
tribunal but if the Of the United States has
yet penetrated those with ali its solemn antics
then in vain may the right Of trial by jury be invoked by
any individual who may happen to be charged with GRIM
nal offence in any part of California or New Mexico.
Can any rational suppose that ancestors, when
soemny and formally providing for the establishment and
handing down to the remoest gcnera,sns Of thor postey
this precious right Of trial by jury, designed only for the
benefit of those of their descendants who might chance to
ngcr within the limits of the thirteen old States of the
public!
But, Mr. President, if the constitution of the United
States was carried into California and New Mexico
by the Mexican treaty propr'o pgore-t that sacred IN
all worthy of the respect awarded to by the
free ctizsns of this republic and all the civilized
tons Of EARTH and any constitutional means exist by
which it may he yet carried thher, and all its noble
influences put action for the safety and happiness of
brethren along the golden shores of the Pacific then
assuredly those should remain much longer
employed How is this to be effected In order to eluci
date the point suggested, permit me to PROFOUND
question the honorable from New Jersey The
State of Louisiana obtained from France by treaty
The constitution of the United States, it admitted is now
in force louisiana and in all the other States carved out
Of her original territory. How did the constitution of the
United States find its way any and all of these Satesi
Mr. DAYTON. | will answer the question of the hon.
orable senator with great pleasure The constitution gained
footing in those States by the act of admitting them into the
Mr. FO0TE resumed. Such, thought, MIR. President
would be the response of the honorable and this
u.s. in fact the only response which possibly be given
the nterogatory propounded; and it appears from
the admission of the honorable that 1t is competent
an Of Congress- extend the constitution of the
Union whore ancienty known, had any
lhorty whatsoever At least such the deduction from
the of the honorable SENATOR Certain s that the
constitution carried into Louisiana either by the treaty
itself which secured that region or was afterwards
transported hither y Of Congress- Then, apply
ing these remarks the before either the constu
ton sntered California and New Mexico with the treaty of
February, is competent for us to extend 1t thther
by special legislation the 1t clearly
cumbent the SENATOR and others who concur with him in
opinion show that tho constitution cannot be extended
beyond the limits Of the existing States Of the Union by
congressional enactment establishing Territorial govern
men easily and eectualy as by the agency OF law
admitting State into the Union. Tho honorable senator
from New Jersey will contend believe that Congress
has AZ much power establish Territorial government
authorize the establishment Of State government and
to admit the WHY formed States into tho confederacy
But, Mr.. President, both amused and surprised IN
I'm bop hle from Nav