The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-10


Most of the leading members took partn the debate,
| and the passage between Mr.. Webster and Mr. Cal
houn, was particularly interesting Mr.. Berrien
and other eminent lawyers argued the point at
length; and it is remarkable that most of them diff
fered in opinion from him who has been styled the
"great expounder of the constitution
Two theories, widely different, have been given
as to the authority by which the constitution exists
According 10 one party, it is agreement between
the States, thus making General Government
nothing more nor less than confederation. Ac-
cordng to the other party, it is an agreement be-
tween the people of the United States as to how
their common affairs shall be managed and this
has been generally adopted by our citizens who
speak fondly and loyalty of the Union and its ad-
vantages.
Now, whether we adopt the one or the other of
these conflicting theories, it is very clear that there
is a wide distinction between the constituton-no
matter how originating the Government es-
tablished under that constitution. The distinction
is as wide as between parent and child, cause and
effect spirit and matter. 1t just reasonable TO
confound the Constitution with the Federal Govern
ment as to confound Deity with the universe He has
created. Such confusion of ideas is nothing more
nor less than political pantheism.
Starting, then, with the idea that the constitution
and the Government which has been organized
under it, are radically dfferent we think that we
may at once answer all the objections which have
been urged against Mr.. Websters position that the
constitution does not, propriO Uigore extend to the
territories. Mr.. Calhoun, fond as he is of hair
splitting when Insults his purposes, cannot or will
not perceive tbesdistinction we have drawn
Mr. Rarriap haUins hv aftamnt;po IN Jiu;,Jo ,ho
constitution into two parts one intended for the
formation of government for the original thirteen
States the other, for the establishment of certain
great principles, by which that government is to be
regulated He assumes that the first portion is re-
strcted to the States themselves, while the second
part of the constitution extends also to the terrific
rles. These "great principles - established in the
constitution the right of habeas corpus and the
right of trial by jury. 1t was triumphantly asked
by those who argued in this manner, if Congress
could pass law making any particular religion
qualification for office, or if any patent of nobility
could be issued by Congress to any inhabtant of
our territories Clearly not is the answer to both
these Undergraduates for Congress is expressly for
hidden to do either of these acts under any circum-
stances. The prohibition is positive and uncon-
dltional nothing can limit it, nothing can impair
its force. But there is article in the constitution
which enjoins on the Government of the United
States the duty of extending the rights of habeas
corpus and trial by jury into any territories that We
may acquire. These great rights are guaranteed to
all the citizens of the United States; and the cti-
Zens of the United States are the citizens of the
different States of the Union. The inhabitants of
the territories may be really citizens of the States
from which they emigrate; but when they go to
California or New Mexico, the Government of the
United States is no more bound to secure them the
rights of habeas corpus and trial by jury than if
they removed to Timbuctoo or Japan Besides, if
it is the great principles of the constitution which
extend TO territories how is it that the territorial
inhabitants have not the right of representation
If there is any general principle clearly implied in
The articles of the constitution and confessedly con-
rolling its provisions it is the great doctrine of no |
AVIATION without representation. This is the very
principle in which our independence originated it
certainly was not forgotten when the constitution |
vas framed.
Mr.. Underwood jumbles up together the consti- |
ution and the Federal Government, when he refers |
o the course of events in the Northwest territory.
5y the ordinance of 1887 the officers of the terri
DRY were appointed by the Congress of the con-
ederation but as soon the constitution of the
United States came into operation there was a con-
ict between it and the organic law of the territory
Hence, Congress so modified the ordinance as to |
i've the President the appointing power. Now, is |
possible for Mr. Underwood to see in this fact /
nything bearing on the present question! The /
resent constitution totally destroyed and annihi- |
ated the Congress Of the confederation and it |
vas only that Congress, and not the Congress of /
he United States to which the ordinance of 1887 |
ave the power of making appointments The con- |
ederation Congress had the powers and duties of |
ur President as well as of our Congress. Mr.
argument could only have been sug-
ested by the similarity of words; the words are |
he same, but the idea of a Congress of the con- |
,deration and of Congress of the United States /
re entirely distinct and dssimilar
As to Mr.. Calhoun's startling and ejaculatorv
rgument, founded on the expression of the consti.
ltion, being the supreme law of the land -
,eanng thereby the law of all the land belonging
} the United States-we deem it unworthy of |
office. 1t is of those fanciful, or rather pun
ing, arguments to the use of which this gentleman
as lately addicted himself and if he means thereby
lerely to amuse himself and his friends, we are per-
ectly willing that he should have the privilege We
my Piotos' against Ills lolSlillS SUCH lrdSn INTO clr
'uaton as the genuine coin of reason. Besides, the
explanation he gives of the land, cuts both ways
or, if it means the land belonging to the United
states, it excludes all other land and so we have
he greater part of the old States deprived of the
constitution as their supreme law.
The truth is, that our territorial governments are
nomales in our system. They are colonies and
dependencies, not integral parts of the Union. 1t
GEMS hard to deprive the inhabitants of the terri
prizes of those political and civil rights which most
f them have enjoyed before their emigration But
here are weaknesses and ncongruities in all Gov
rnments. We only maintain that ours has fewer
,ults than other Governments-not that it is alto
ether fautless. The time, however, is not, we
rust, far distant when such thing as territorial
overnment shall exist in the limits Of the United
'tates.
ORLEANS THEATRE.-Meyerheers splendid op-
ra, The Huguenots," was given at this theatre
n Thursday night, for the first time this season. |