The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-26


have had the question before from the sena
tor from Massachusetts,, lMr. WEBSTER
Mr. DAYTON Would the gentleman say that the con-
suon OF the United States be extended Dy an ACT OF
legislation
MIR. WALKER My own individual visws upon that
subec, will give but have not examined nc DECISIONS
the Supreme Court of the United States Tins VIII say
nv own opinion that the constitution OF the United States
extends there in all its appropriate provisions. Every
American citizen who goes there, with the protection
of the constitution following and surrounding him. Yes
sir il is by OF the constitutional which belongs
the Unestaes that 1t was acquired II was by virtue
of the constitution that the armies OF the United States
marched there. 1t by the virtue and efficacy Of that
constitution the soldier fred his gun welded his
sabre upon that soil. IL by the virtue and efficacy Of
the constitution, sir. that a solitary human being was
attached the jurisdiction of the United States, or that
a foot Of land attached to our country and domn-
ion. believe that an American citizen goes
there he goes with the protection OF the constitution
and that far his rights OF personal liberty, secu
ry, and property are concerned, he carries win him
all the rights which he would have in any other part
of dominion. Ii goes with him. proprto ptsore as
a personal aiahe Of the American ci,izen-if may use
the term 1t a shield to him, and, so far personal Sc
.urty and personal liberty concerned he Is as much
under the protection OF the constitution as he we're In the
capital of the nation believe then, that the constitu
has been in force there since tho treaty with Mexico
and follows every American citizen there and ex
tends its protection to him as far as II can be made ap
plcabe to that end.
But treating the remark of the senator from New
Jersey objection reaching to the end which he has
mentioned The end the objection to this clause OF
my amendment extending the constitution the territory
of California end being that would give rights the
South which they would not have otherwise. Sir is there
any patriot this hall who ready return to the North
ana say that he had been willing to withhold constitutional
rights from the South, from any entitled to them
They say they entitled to certain rights under the con-
stu,ion We say they are not, Here is tho disputed
in which shall rush to its decision with
heat and passon' pray senators not to make it such
But suppose the constitution gives additional rights to the
South is their constitution we'll 1t is their
constitution it has been from the foundation of the
government and will continue to be- unless they excu-
al lnpu
shall exist Is there who will object the provisions
of the constitution being extended there because peradven-
ture under its operation, southern men will have some
rights carried which they could not otherwise have had
Tns feeling, believe to be entertained to
considerable extent in this country impossible that
Mr. BERRIEN. Apart from the question, whether the
s,ituon by its force, extends to The errtory-cavng
that vew there cam suppose, be doubt TINT the
Congress of the United States by of legislation may
extend the principles of the constitution any territory for
which they have provdeda government. They may pro
vide that the principles Of the laws Of Great Britain shall be
applied to the territory they choose and they pos
he power Of making the laws ola foreign country OBJ
gaory they say that the principles of their
laws shalt be extended the people Of that territory?
suppose the question is beyond doubt
Mr.. WALKER was going on to remark, that
whether the constitution rspro extends there or not
whether be ded it by Legislation,
there would be doubt the extension of the pnci-
pies Of the constitution as legislative act of Congress-
There nothing in the which tuition
al and, therefore, would not be unconstitutional And
therefore, to provide that any OF its provisions applicable
tuition IT, them approve the provisions of this measure
it is clearly CONSTITUTIONAL far legislation concerned
Mr. DAYTON. May | interrupt the senator for mo-
ment? suppo sed clear point that the constitution
Of the United States, being contract and agreement be-
sovereign Safes, could be extended further than it,
by its inherent pc we extended itself No of legislation
could make that compact between sovereign States reach
further than these States Now the talks about
the principles of the constitution Why the constitution
does consist of matters of principle. 1t 10
pact and agreement between sovereign States 1t is
like the principles of the law, the principles Of
the cvil law. 1t is something entirely different In all ns
aspects hope that am no. intrud'ns upon the time of
from Wisconsin, saying that the constitution
Cannot by legislative act, be extended inch beyond the
territory which s inherent power will carry 1t.
Mr.. BERRiEN With the permission OF the senator
from Wisconsin, beg leave to make single remark The
constitution sir, is a compact which, compact, does
60 beyond the limits of the States but the constitution
certain provisions and certain principles Now,
does any doub that might in passing law for this
territory take any Of the of the constu
ton and ncorp in that law, and that would then
become bndngnot of Its being compact,
but The exercise OF legislative authority
in of the territory or that we might apply all
offs provisions territory? Why sir, the common law
of Great Britain consists Of series of provisions which the
wisdom of and the experience of have estab-
shet We may take each of those principles and
ply the territory or We may apply the whole OF them
And of the provisions of the constitution.
We may take each of them separately and apply to
the territory or we may apply the principles OF the consul
tuition to the territory. Then they would be in
force tho territory by virtue of compact but in
virtue of the Legislation Of Congress which has applied them
MI WALKER. That Is the view which wish TO eX-
press Now, apply it, The constitution requires the
President all laws for the suppression Of domestic
violence instruction, foreign invasion. Is in viola
ton of the constitution extend that provision to Cali
formal might go and such provisions
terminaby. But when we extend the provisions of the
constitution these territories do extend ts vgor
and its provisions to these localities whole,
compact, but piece Of legislation on the part Of
the supreme power of the nation. 1t occurs to me that
this plain Of the matter. IL it would SUIT
a,ors better to go and enumerate in the amendment
every point applicable there which propose to extend
be Use. But to there is a succnct meth
cd and this method is adopted in the amendment it
stands.
have before remarked that far the protection of
life borty personal security and the rights of property
concefned the clzen such, had the shield of the
constitution there already thrown before him and that
when he there he with these rights and entitled
to this shield of protection. Now, sir propose
them. ~
Mr.. WESTCoTT (interposng) Will the senator per-
init me here state, that the organization of the Terri
tora governments Of Louisiana and Forids there
references to the constitution of the United States
and the legislatures of both Territories expressly pro-
hibied from passing any acts in violation of 1t.
Mr.. WALKER. | would odd Mr. President, that
would like Of district Of the United
States in of organized territories deciding ques-
ton IN that would be visitation Of the consttu-
ton OF the United States And in this point of view,
may come to appreciation of the force Of the observa
oh ana idea that IL entertained by that the provis-
IONS Oh 'he constitution do extend the do
l.o"s OF .ha United States propro rigore Suppose
o our courts sng and deciding point which would be
violation OF the constitution. apprehend that when the
tba1 .,I