New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-04-28
Our Territories How Governed.
PHGSIxyILLE, Pa. April ?

Horace GRETLEY-DeGr Sir: VIII YOU be 81
kind as 10 inform through through the medium OF
your paper whether the Constitution Of the United
statss extends Its jurisdiction the Territories Of
New Mexico and California, By virtue Of ees.on by
Mexico, without legislative action
According 10 the Philadelphia Ltdgsr, Mr. Webster
says, that 1t (the Consuuon) does not extend over
said Territories while Mr.. Calhoun says 1t dots
Agreeabl 70 the common law Of England, by which
We were governed, the laws Of Territories, OBJ
tanned by cesson conquest, could be sbrogsled or
snnullsd by the sovereign power but until such annu
ment those Territories remained under the jurisdic
ton Of those laws Ia force therein q. the time Of said
cesEiOD or conquest
Is not this sw of nations and If So provided
ths the Constitution does extend New Mexico aud
California, In the absence OF other municipal laws
not the municipal laws by which those Territories
governed at the time Of cesson stll in force therein
II they are mol, by what arc the Territories governed
An answer 10 the above will oblige an earnest Free
Soier Yours respectfully, CASUALTY
Reply
Our correspondent, having Mr. Calhoun's opin-
ion on one side of an abstruse question Of public
law and Mr.. Websters on the other, asks as to
decide the point in controversy between them =
This strikes US as rather a serious job TO be under
taken on short notice. However,
Mr.. Webster certainly demonstrated, in the de
bate with Mr.. Calhoun, that the Constitution does
not necessarily and in all its provisions, extend to
the Territories. The Constitution says that L. 5.
Judges shall be appointed for lie, yet Territorial
Judges and have been appointed for a term OF
years. There are many provisions Of the Constitu
ton plainly inapplicabIe to Territories and which
Of course cannot be- said in any practical sense TO
extend to them. There are also duties eniolned
aud rights guaranteed by the provisions of the
Constitution which are plainly in force in the Ter
ritories as well as in the States whether because
they are in the Constitution or not. On the whole
we consider the phrase extending Tor extension
of the Constitution cloudy one and that clear
cr expression OF what is meant would have Obvi
ated much Of the difference which 1t has coca
stoned
As to the other point:
We understand that the former laws Of con-
quercd country remain in force until repealed
after its conquest or cession except so far as they
plainly contravene the existence Of the new rul-
ing power or conflict with its enjoyment Of the
| acquisition For example Suppose It be death
by the law of Japan 10 conform to the Christian
Faith, and the country or any part of 1t were to
be conquered by Christian nation. we under
stand that the penalty denounced against Chris
tians would be abrogated by the change Of rule
But if any one nation should conquer another
while the law Of the conquering nation denounced
death for non-conformity to any particular faith
we do net believe that the fact Of its conquest
would extend the penalty aforesaid: an express
act or decree would be required to extend 1t
In short we hold Natural Justice, Equa
Rights, federation of sincere Opinions, to be the
bases of Civil Government; and that, in the alb
sence Of express enactment, whatsoever they dc
tate is to be presumed the law until that presump
ton be disproved. [Ed. TJi6
~ The GlOJs of this City protested to copy
the resolutions adopted platform OF union 10y
the Free Soil and Loco Foco Members ofthc WIS
consn Legislature, but omit I'd entirely that which
takes ground for absolute Free Trade and Direct
Taxation, and garbed that in relation to Land lie
form as follows:
Raolred, That we are opposed 10 land monopoly,
and believe that the public lands should be granted TO
actual settlers in limited Quantities the coast Of sur
vey and transfer and that limit ouRh 10 be placed 10 M
quantity Of land rkich shall her eGfler Be acquired ana
h.d by any person at any one fims.'
All the latter portion OF tie resolve, which we
have placed in Italics, the Globe utterly suppress
SEES, publishing as the whole resolution the former
half and giving no hint tina there was any more OF
il Is this honest 7