The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-28

SETS that the United States its great
and essential provisions did extend the territories of
the United Sae and listened with the pofsundest sen
on 10 wharhe said and also what advanced by The
distinguished senator from South Carolina, Mr. CALHous
II the gre,t respect which hold for all the opinions OF
The gentleman from Massachusetts, upon constitutional
argument, and the difference which exists between HIM and
myself upon this question, which induced me to occupy
the attention of the Senate think SIR all has not been
said the subject which might be pertinent TO be SAID
and wish TO supply what regard TO be an onssoh III
few words.
hold, Mr. President that the laws Of Congress like
the laws of other civilized communities whether general or
specific, and particular whether extending over the whole
OF the territories of the United States localities
the codes of every civilized community, you will find
that the laws passed by tho legislative power act IN that
ways and you will find that constitutional provisions,
der every system, in the way. You have ex-
press constitutional provision for the District of Columbia
you have exclusive jurisdiction IN this Disncti you have
powers here which do extend the rest of the territory
of the United States Now, sir hold that all the prin-
cpes and provisions Of the constitution Of the United States
general which not limited, which not local but
which extend just we'll the Territories Of the United
States, they do the different States of this Unon
and have precisely the effect in the Territories as they
have in the States.
IL may require legislation, Mr. President, to carry out
constitutional power; the constitutional power may be
inefficient; may be worthless it may amount to nothing
until there be law execute and to carry into operation
that constitutional power TO illustrate: Akyoar judicial
power To he vested the Judiciary but uY:i you pass
the law by which the judiciary il to be organized, by
which tho be held by which judgments are to
be pronounced that judicial power operating IN the States
well in the Territories dead letter. II requires
the action of Congress to carry out and so, sir, with
other powers of the they have what may be
termed latent efficacy that be proper expression they
have power themselves which real though II cannot
operate until like power in general have the machinery
to put it In operation.
Now sir think this proposition is Just clear--and
may demonstrated from the consituton-as that two
and mako four and will proceed and see If cannot
do it, The constitution says 10 DO the supreme law of
the land The constitution and the statutes made by Con-
gress pursuance Of the constitutions be the
law of the land What land shall not repeat the argu-
mcnt upon that subject leave where the learned sen-
ator from South Carolina Mr. CALnoUN left It in the
discussion with the from Massachusetts MIR. WEE
srER. But tho constitution does not stop there. The
constitution in the next clause says the Judges and OH
of every State in the Unon and every officer be-
longing to the United Suites government without quail
cation limitation, shall take an oath to support
this constitution Now sI you have ossr. 10 'n ne
the government. When those Territorial officers, and
every of them appointed in pursuance of this glorious
constitution taking The oath support that constitution
come to administer tho particular of the Judiciary is
there any principle Of the constitution which they
bound enorcc' The learned senator from Massa-
chusets says that the principles of the constitution are
obligatory upon when egislnng upon the terri
tories. True, admit it in its full force But, Sir
if they obligatory upon in cgsa,ng for the terrific
ries possible that they not obligatory upon the
| Judges Of the territories who sworn!
MIR. WEBSTER If the honorable gentleman will al
low certainly said any such thing never said
that the principles of the constitution obligatory upon us
in legislating for the territories had, should nave
said Congress had passed many unconstitutional acts
What dd say was that by maks ~ a ey
regard those great principles IN our constitution intended
for the security Of personal liberty that is what said
! Mr.. UNDER WOOD. Mr.. President, tho gcntleman's
sentiments were quoted before he came by the gentleman
behind me, (Mr FoOrE,) who understood them precisely
| as did.
| Mr.. UNDERWOOD. | know you were not. regret
hear him make the disclaimer the time because
sir did think the gentleman right when he said that
egsatng for the territories necessary to be gov
erned by the principles Of the constitution bat now 1t
that there obligation of the kind, and we may
sisae adversely those principles, and contradictory TO
them. Now, that position much the worse, IN my
estmation and coming from the great lawyerof
the country regard my friend from Massachusetts, so
much the dangerous position be advanced here or
anywhere But the question H. sir, that corect deny
IT, say bound in lcysatng for the territories as
we'll for the States Of this Union egsate IN accord
with the constitution for we have taken an oath TO
support that constitution well the judicial asd c1ecu.
tive officers of the country required 10 take It. And
now sir, to put case oy way OF Illustration ,.r.
This Protestant country, in the main that IS Caholc
country. Suppose we provide that nobody shall be APP
pointed there who does not eschcw the Catholic religion
what do we do by that act?
| Mr.. WEBSTER We violate the principles of the
stuon which says Congress shall pass law respect
ing establishment OF religion"
| MIR. UNDERWOOD That is the very principle which |
wanted establish and brought forward that illustration
show that in that case the constitution would be vo-
all l want. | want to know how we should violate
oaths il did observe the constitution IN
legsating for that terriory' This is not all the con-
stituOn defines what treason is and II you look al the
legislative act, you will that treason 10 defined IN
that, for have before me, sir. Now when that
of Congress passed, had the territory coded
northwest Of the Ohio. looked sir, very briefly, to
whether could find in the criminal code OF the United
States express apply that code to the territory
northwest Of the Ohio river found no such laws there
If that criminal code the United States did not, by
express provisions extend to the Northwest Territory
how did get there According this doctrine, II
has reached there yet excepting far as they have
been admitted States in that portion which remains at
the head Of the Mississippi river the criminal laws have not
extended there yeti the general criminal code Of the
country Is that true pr? No. sir. How does there
goes there because part of the general law OF the
land because it part far treason is concerned OF
the constitution Of the land goes there in that way most
clearly Sir, this may be most important doctrine and
certainly is
Suppose this people, after they incorporated into the
United States by this treaty. guilty Of treason suppose
that they forfeit their lives by the criminal code
of the United States with reference to treason are they to
be punished does require express legislation now to
extend there before you araisn ,hem' SIR these are
very important inquiries deny tina. requires an express
extend them that criminal code made for the whole
people of the United States II 10 without restriction Be-
ing general in its principles everywhere unless there
limitation about Now, sir under this idea that
of the Constitution for that the idea that maintained
contrary the consttutonet suppose case, to DIS
tingush the principle Suppose you pass law punish
ing California, and for the CONVICTION OF the
upon the testimony of one witness The constit
ton Of the United Bates requires that shall be an over
and there shall he the testimony OF two VII
nesses He il brought before the judge of California
l,un., pts tnfC