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

STATES 1 MAINTAIN lhat " Is hh auu
there is not a stronger proof OF @ha, has {
been the idea of government, ia that re, !
spect than that 10 which alluded, aud
which has dawn the honorable Senator's
attention. Now, let Us see how that stands.
The judicial power Of the United States is
declared by The constitution 10 be vested
in one Supreme Court, and IN such Inferior
Courl as Congress shall from lime 10 nmc,
ordain aud establish" The whole judicial
pow ef Of the Uniied States, therefore, is IN
these courts; and the constitution de.
claies that "all Judges OF these courts shall
hnld their Office during good behavior
Well, then, the gentleman mus, admit that
The legislation Of Congress heretofore has .
not been altogether IN error; that those ,
territorial courts do not constitute part
Of The judicial power Of the United States !
--as they certainly do not because The ,
whole judicial power Of the United States
has 10 be vested IN one Supreme Court, |
aud in such inferior Courts as Congress
shall establish, aud The judges Of oil these
courts are to have life tenure IN their
Offices; and We do not give such life tenure,
aud never dld To the Judges Of any terrific
rial courts. That has gone upon the ire.
sumption aud true idea, "a suppose, that
the Territories are not within any PIT ut
the United States, but are suhlrct 10 their
Legislation. But where did ihev get lh,s
power, Why, have sfa,ed thai tie COT
slliution saws It may make all need.ul rules
and regulations respecting territories aud
II is on that clause, and thai clause onls,
that he legislation OF Congress respecting
Territories has been conducted aud I, Is
apparent, from all our history, lhl: ma
other provision was intended for Territorial
governments. inasmuch Us il is highly pro-
babIa-I think certaIn-,hat M acQuI,l.
ton Of foreign territory Mas ever con,em'
plated.
Aud again, there is another renal kabe
instance. The honorable gentleman, and
his friends Who acl with him on these sub
lccts, hold that the power OF internal to-.
pruyemeuts within tie United States does
, not belong to Congress. they deny that
We eau pass such law for internal i;i
proyements in auy Of The States If he Urn
Oh, ~hlIe they all admit that the moment
We 90 out Of State inlo Territory, We
may make just as many Improvements as
We choose. There is no, a gentleman Oh
, iha, size OF the chamber who has not time
{ and again, voted public money out of the
public treasury for internal Improvements
does not that prove, hat in the coucep.
lion Of gentlemen, they are no paris OF The
Union.
Sir, there is no end 10 the Illustrations
wEich may be broush, upon this subject =;
history is full OF them; history uniform IN
us course. II began with the case Of Lou
isiana. 1t went on after Florida became
pat, Of the Union; aud in all cases, un.
der all circumstances. by every proceed
ing Of Congress upon the subject, and by
~ all ludlcaure Upon the subject, ii has beer
held thai the territories belonging 10 The
! United States were TO be governed by a
=, constitution Of their own; and 10 the ap.
4 proving of that constitution, the Legislation
Of Congress was not necessarily cochned
10 those principles which bind 1t when II
is exercised IL passing laws FOR the Unlled
. States themselves. But SIR take leave
:. of the subject.
Mr.. Calhoun. The Senator has under
taken to reply TO my answer by maintain
e ing that The territories form no part vi ihC
Juted States. ! had supposed that al
the territorial possessions that we have
within The limits Of the United States ha,
: constituted part
Mr.. Webster. Never
i Mr.. Calhoun. The constirut on tx
a pressly declares they belong 10 the UnIleC
a States.
=. Nh Webster. That is very d,ffrr
eni thing. A colony Of Great Brii ain be
longs to EngIand.
!. Mr.. Calhoun. Al they belonged to th'
&c authority over them; aud as this govern
r, ment IS the sole representative OF the Uni
II ted States, IT Of necessity mus, posses
a. whatever legislative power can be exeI
= csed over The territories Ii is, then, a
,e belonging 10 The United States that w
;, derive, under the constitution the power
Of legsldting over The territories Now
r. as The constitution, creates the Uuied
). States, and as il is Inc bond Of The Unor
which makes the United States, II is man
y liest that The authority Of the United State.
p caanol be ex ended 10 The territories IN
less The constitution extends to hem. fht
I, opposite view would be absurd, as it pre-
# supposes that the government, Of The Uni
}. ted States could legislate over territory
!, which does not belong TO the UnlieJ States
# Fne Senator has again alluded to the
(, courts ol the United States IN illus ration
, OF the position which he has taken, in this
respect, substantially the same ground
:. which he did when he was previously up
II and am content with the answer which
|. made IN reply 10 IT when asst up, without
n undertaking 10 combat it with any other.
/. In order 10 show that there is a difference
!, hef Hppn tho mower nf t'onufess IN the