The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-28

ready to rtsn gentlemen oho.ss to 20 on aud sho"
IL Ia mere ss.srto to say constitution does
to the territories Prove that prepo',t'oo
b.ips extended I held the whole course Of this do
bate to ba triumphant upon this point we are
put upon higher sronna. WE m"ss ssood vS.rs %
.tspd when it admitted that We are only oustsd By
outing the consUtutsn
Mr. W,ssrkR-I am sorry TO be In your way, sir TO
Mr. Dong but should be very glad to have en- op
TO reply the Senator from South Carolina
lat speskiug The honorable geaslsmsn alludss to
acme dpci.ions OF the Supreme Court, about which
not particularly know, as affirming that tho con'ti
tuition OF the United States docs not extend to the
territories Of the United States, and he says that he
regards it as very extraordinary.
Mr CAlHour-i said WAS told OF them, bat was
incrsduous Of the fact.
Mr.. WKRsrkR-Wel, sir can remove the gentle.
mans iDcreduty; for the thing has been decided
the supreme Court Of the United States for the last
thirty years
Mr.. BurLrR asked for an instance.
MIR. WEBsrER.-l In five minutes recollection, could
give you half dozen.
Mr.. BUrLKR.-The case Of Tanner?
MIR WhBsrEn.-That IS one. ! AN somewhat sur
pIised his remarks; for can tell the honorable Sc
Dstor from Sou,h Carolina that In forming this judg
mept Cpop the court of the United States, supposng
them to have come q u decision, he forms, as
can very readily convince him, equally uafavorabe
j. dgment his repeated acs 10 both houses OF
Congress. Now. s'r the constitution OF tne onie.o
States the argues extends over the terrific.
Iies. What parts Of them How does &c get there
Most especially, Tor a gen leman 30 distinguished
among the strict conttructonsts OF the country TO
IL snia n that the constitution of the United States
extends over the territories, without showing any
cau,e Of the constitution any way leading Co tnat
suit, from which such result oould In auy way Do
inferred, increases, in my mind, the surprise. ono
idea further, Fir. upon that branch OF the SUBJECT
Does the constituton the United States extend over
the territories, and other law the territories
beg TO know, sir, how any political government would
get with any other hority over It, than such as
IL created by the con st,tuon of the United States
Does the constitution of toe United States sette titles
10 land? Does It settle rights Of property? Dess It
sscers,n the law OF marriage! Does nc tx the rsla
tions OF parent and child, guardian and ward? Not
Of them air. The constitution of the nitod States
ccpstts OF what the gentleman calls confederation
for great PURPOSES leaving all the great Of
law hicb Ia TO gever Becety, derive itself from
State fou tains Thai Ia Just vie Of cur state OF
things here State or territory that had law but
tuoh IN II could derive from the constitution OF the
United States. would be entirely without any State
government. But further sir, tho honorable gen le
has been in Congress these thirty years
SAINT with every subject mean of course, to except
the Time WREN, 20 much 10 the sdVsntsss OF the
country, he has been employed in another branch
OF the government. He has assisted in the essab-
lishmsnt these territorial governments from
time to time. seen them always, assented TO them al
ways Now. the honorable gentleman knows that the
Congress Of the United States have princ
pies r. the utterly
pusnsnt the consti utiou OF the Uuted States will
eDtion that alluded TO just nov by the hon.
cradle senator from New Hampshire, that the consttu
ton of the United States provides for the United States
mt judiciary Every judge of every court
Of the United states holds his com mission and his
in any one of the territories which the honoraos.e
nstor bs mssf contributed to establish everbsld his
tftce upon such tenure He holds 1t for a term OF
yearS holds IL removable at executive discretion
. Mr.. DAYroN-How is it shout Wisconsin!
MIR. WEBsrERI do not know particularly about
Wi,copsin, but RENE mber very we'll that Gen jack
turned out tho judges up Ia Michigan, which was
pretty near Wisconsin. (Laushter) The tenures
were all Tor q term Of years Nov, sir, how did we
govern Louisiana before is was state? Did the
of habe corpus exist In Louieiapa before its terri
toisi government? Did the right of trial by jury!
hn han nf frin IN nIatR hafn
became State, bsfore the law creating territory
gave right Of trial by jury Nobody, sir nobody.
heve much in lights The history of this govern
mt has shown that when . territory has been Oh.
tory has been given by Congress- such laws Congress
should pass for its immediate government and then
such p law as Congress should pass for its govern
m-nt during Its territorial exutsnce-during its pre-
psratory state. in which it should remain until
1t was fit TO come In rs one of the family States
Mr.. President the honorable me mber regards that
the constitution declares t.ef the law Of tho land
and therefore must pervade the territories The land
take It. sir means tho land over which the constitu-
ton established; or In other words, IL means ths
United States united un der the constitutions but does
NOS the gentleman rec at once that that argument
would prove great deal too much The stituton
says tina. the constitution itself shall be the
tuprt law OF The land than 1t that the laws
Of Congress ,hall BIO the supreme law Of the laud.
They are both In the tame postion This cousttu-
ton. snd the laws of Congress passed under It, shall
be-" rays the constitution, the supreme law Of the
land"
MIR. BUrLER-" Made in pursuance Of itn
Mar. WEBsTER-Very well ] suppose the custom
hsu laws made pursuance the constitution.
The honorabe member does not deny that. Ii the
constitution because It s the supreme law OF the land,
there cries. then the house laws 60
with it Under the same provision the constitution
shsl be the law of the land The laws alto, Of Con-
ersH made in pursusnce OF the constitution are the
If the and legislation upon the subject 10
neceteary The genilenans argument proves that the
moment territory is attached to the u nted States
the United States become the governing rule OF mems
conduct and the rights Of men, because they to be
the law Of The land The laws Of Congress to be the
tupr.me Law Of the land as well as the constitution
Sir this 10 a eonrse OF reasoning that cannot be main
,an ed. Soppese r the Grow Of Great Britain should
make copquest-and 1t has made msuy- who
heard 1t ntended that The stitutioa of England
the supreme power Of Parliament, because is the
supreme law OF the land VAS extended these colo
ni-s until extended by sgsiston Why sir, the whole
httory Of the colonial conQuests Of E nsland shows
exactly the to be the The right of 60
mt until controlled by Parliament, exists only
as military power, to be enforced by military means,
undr cauve authority until ir is subjected to the
control Of Parliament; then Parliament may make sill
Jaws which 1t deems necessary and proper to bo made
but colony never falls in one single instance under
the general dominion Of the existing English laws.
Well it is exactly in the strain political
it 10 exactly upon the;basis of the sam
that have adopted the principle that
terrtery becoming the property the United States,
or coming to belong to the United States by scqui,
ton ceesion Iem,ine have jus corone be
Of the FIRST place by Congress- and
then to be governed exactly as Congress may pre-
scribe.
Mr. CALHouS-I will be very short and trust de-
ceive Inc Senators hret Objection Is as understand
it, that sho~ authority by which the constitution
10 extended to the territories. Well sir ask the Sc
pstor II did not inquire how did Congress get any
power over the territories?
Mir. WlBsrER-By the grant Of the constitution, In
go many words.
Mr. CALHour-Then that part is extended to the
Territory!
MIR. WEBsIER-Te be sure It Is; tho power to make
laws
MIR. CALHoUSThen that tits carried to the territory
have shown you by direct and specific authority.
will go one step further How that the power OF
Congress goes further than the States! Every body
certainly knows thatit not through legislation at ALL
where DO you get Jour legislative power! How do you
extend the authority Of Congress to the territories,
who're existsnce depends on the constitution Can
any man answer me :? And yet the Sc major said as
sigptd no reason for It. assg the strongest rea
eon-that II the constitution does not extend there,
you I'VE no right TO esislste there Then, his next
point h that toe constitution Is ned the States
and be was surprited to hear from the rule laid
down uIon the subject lie stated that the constitu
ton " itself cannot execute itself 1t requires the
government. never denied tina. that constitution
could execute itsslf within the limits Of the con.tiu