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

and no U hef iaS esisibs 'bciS SeS W
knas. sis. how any political goveInmsnl
would roI on w,tboui any other aoiaofiy
e,., n Than such IS Is created hy the Con.
.litu.,on % the Cured States Dies The
C,a,,iIu..on Of the uadsd States settle
,s,les to lsndl Dies 4, fix The relation oi
r.sen, aud chi!t, guardian and said u Mt
cue Of them sir. The CONSTRUCTION OF the
Uaned 5 a,es establishes What tie eenile.
man calls confederation for certa,n great
purposes, leaylns al The crest mass u tas Z
whsch Is to govern socieiyio derive ,taeiH
cxisience fso,n Safe fountains. That is
the jlsi ,ieS Of the state OF iEiaIs under
The Constitution. Stale OF letusOry that
h ID no law b1l saeh ss II could derive from
The Coa.tilu ion # the Um;ei Siae.,
would be entirely wi;hog, any state " ter
ri;orial government. But further, sir, lho
honorable geoilespan has been ia Congress
ihess lb,rSy years, aud u.s.. therefore, con-
sefssni With every salJect.
mean, OF course, 10 except The time
when, so much Ia the advantage c! the
country, he has been employed 10 another
branch Of the government; lie has ass's
ted lathe establishment OF these territorial
government from lime TO tlme-seen them
alwaYs-assented 10 them always. N1a,
the honorable gentleman knows that the
Congress OF tho uaned States have esiab-
hshed provisions respecting The IerTl'oIies
st,erly repu.n1nt TO the Constitution OF the
United States. | viii mention one that
was alluded to iis. Ens BY The honorable
Senator lrom New Hampshiro--'hai the
Constitution Of the Uailed States provides
for the United States independent Judiciary.
Every lidge Of every court OF the United
States holds his COMMISSION and his oihce
upon the tenure Of good behaviour. No
Judge in any one OF the Territories which
ihe honorable Senator has himself coutu
buied 10 establish ever held hs office upon
such a tenure. He holds II iJr term OF
years, OF holds Il removable al executive
discretion.
Mr.. DAYTON. Bow is II sbou, W sconsn!
NJ. Webster. do uol know pariicu
l.rly about Wisconsin, but rems nber
Gen. Jackson turned out The judges Up IN
Michigan, which VAS pretty near Ni.eon'
sin. Laughter The ,enuFes were all
for term OF years. Now, sir, how did
we govern LOUISIANA before II was q SAT-
DID The writ OF habeas corpus exist in
Louisiana before its territorial gorernTen
Did the right of trlol b. jury Who ever
heard of TRIAL by jIfy 10 louisiana before
il became Safe, or before the law ctea.
ting territory give IT right Of trial by
iaryl Nobody, sir, nobody. |, is well
for ~ 10 lo4k To our history. do not be.
lieye !bal there is any new lishl nov 10 be
thrown upon The history Of The proceedings
OF this goveFnnea 10 relation TO that ma!
ter. Tae history Of this governmen, hiss
shown that shen ueS territory has been
obtained by acquisition from foreign ma.
,ions, that territory has been gwen by
Congress, such las as Congress shoult
pass for lis govefnnen! during lis terrific
rial existence, during the preparatory state
10 which it should remain unih il was 8: ic
cone IL as one OF tie fa,aily OF Sales.
Mr. President. the honorable S na;or
a,gues that the Constitution declares Itself
The law of The land, and therefore must
pervads the territories. The land" take
il, sir, means the land over which the Con.
s.Ilutiou was established; O., 10 other
words. il means the L. S ae:, united uude.
The Constitution: bu, does not the gentle
man see at once that that argument soulC
prove great dea! too much 7 The Con
s,itulion no more SAYS tina! the Constitution
itsslf shall BE- The supreme law of The land
than il slys that the avs Of Congress shal
be the supreme las Of the land. They art
both in the same position. Tbs C1as'l
tuition, and the laws of Congress passed IN
der 1t, shl'i b. says the Constitution, b,
supreme Law Of the and,
Mr.. Calhoun. fae laws OF Congress
made 10 pursuance Of lis provisions.
Mr.. Webster. Very well | suppos
the custom house laws are made IN pursu
sncs of The Constitution. The bonorsbl
member does Dot deny that. II The Con
stiiui ion, because il is The supreme law G
the land, goes to the territories, then To
custom house Jaws 90 with II. under ,h
same provision, the Constitution saa! b
,he Law OF the land.
pursuance Of the Constitution, are the la'
OF the land, and no legislation upon III
subject il necessary. The gen.lenan's al
gumem proves that the RoDeD. terror
- attached to The u Safes, al the Law
Of Congress, a, we'll as he Constitution Q
The L. States, b:coEna no governing fa'
OF meas conduct, and the ush's OF men
because they a,e The Laws Of the land. Tn
laws Of Congress are 10 be the suprem
law of The land as we'll Bs the Constitution
Sir, this Is a course Of reasoning that can
not be maintained.
Suppose, SIR. the Gown Of Great BfIiaii
should make conquest and it ha. mad
many who ever heard It cou,enssd tina
The Constitution Of Ia. land OF 'he s1prem
power OF Parliament, because II IS The So
ptens la~ Of the land. VAS extended owe
thesa rnlonies mil extended bY lcFt.l3