The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-27

yond the States without government 1t requires
agency TO support it everywhere. l say nothing to
that
His next objection ia that the provisions of the constu
ton do extend the and he mentions the
Of years the territories and the constitution requires that
judges Of the Supreme and inferior shall hold their
during good behavior He says that this proves that
these judges do under the provisions Of tho
stituton
Mr.. WEBSTER. So far appeal lies from them
they inferior courts.
Mr.. CALHOUN. So an appeal lies from the State
courts and many of the judges of the State do not
hold their tenure for term of years Are they too inferior
courts within the meaning of the constitutions Now sir
whether the Congress Of the United States has right to
hx the legal tenure Of the judges not do not
pretend to say may be that Congress has stretched
its power beyond tho constitution, or it may be that
tho courts have decided enormously That is ques-
ton unnecessary for to decide. | asserted
that the whole constitution extends itself the territories
Many Of It's provisions nappcabe to the territories The
portion intended to provide for the special egs
laon of the States composing the Union. But many pro-
visions do extend to the territories.
He says there nothing my argument declaring that
constitution to be the supreme law Of the land because
also provides that laws made pursuance of also
the supreme law Of the land and in illustration of that posi-
ton, he asserted that such the case would be
necessary to establish cusomhouse laws in California
this bill proposes, the existing house laws would
be extended matter of course In reply state that
cording my impression, all the customhouse laws have
local character and enacted in reference to particular
places by name Am RICH, in this Impressions (sE'ERAL
SENATOR'S "Yes."l They, then, from their nature can
be extended California without special legislation for
| the purpose
do not remember whether the senator has made any
other objection. have noticed them all think. If have
not shall be very glad to be reminded Of any other for
listened attentively to his remarks
do not need to make out case No. sir, the PROPOSE
ton that the constitution of the Unted States extends the
territories far be applicable to them, clear
that the great talent of the senator from Massachusetts
himself Mr.. WEBsTER1 maintain the opposite.
i 1t may be- indeed, doubtful what particular provisions
of the constitution not extended to the territories
many But there is one entire class in reference to
n,ck h.
which prohibit Congress from enacng certain laws any
case whatever. Among them, ask the senator whether
Congress has the power to make any law. with respect
ly forbids' Ii also forbds the establishment Of
der of nobility ask, can Congress establish such an
order the territories? might go and repeat many such
questions all Of which there be but reply-that
This class of RESTRICTIONS then, upon the power
of Congress- must be admitted to extend to the territories
and if they may, why not the of Congress-
when applicable be also extended! No good reason can
| be assised.
Sir, do not deem it necessary dwell longer upon the
point should be happy to hear any explanation from the
| senator
| Mr. WEBSTER. will actan the Senate bnt single
moment sir. The great question is his-the precise ques
ton ,his Whether territory, when remains in ter
roriai state, is part of tho United Sates | maintain
that is not and there is not stronger proof of what
has been the idea of in that than
that to which l alluded, and which has drawn the
honorable senator's attention. Movie let how that
stands The judicial power Of the United States declared
by the constitution be vesed in Supreme Court and
in such inferior Congress shall, from time time,
ordain and establish" The whole Judicial power of the
United States therefore, these and the cons
tuition declares that n the judges Of these shall hold
their Office during good behavior" Well, then, the gen.
enan admit that the legislation of Congress here
oforc has been altogether that those
torial courts do not constitute part of the judicial
power of the United Satcs-as they certainly do not;
has to be vested in Supreme Court. and in such
inferior Congress shall establish and the Judges
of all those courts are to have life tenure in their offices
and do give such life tenure, and did,
the judges of any territorial That has gone upon
the presumption and dea suppose, that the Terri
not within and part the United States but are
subject their legislation But where did they get this
power! Why have stated that the constitution says it
may make all needul rules and regulations respecting
rories and it is on that clause and that clause only that
the legislation of Congress respecting Territories has been
conducted and is apparent, from all history that
other provision was intended for Territorial
nasmuch as It is highly probabe-l think certain-ha
acquisition Of foreign territory contemplated
And again. there is another remarkable instance. The
honorable gentleman, and his friends who act with him
these subiecs hold that the power internal
within the United States does belong Congress
They deny that pass such law for Internal i'm
provemens in any of the States of the Unon while they
all admit that the moment we go out of State into
Territory, we may make jus, as many improvements as
we choose. There is not gentleman on that side
public money out of the public treasury for inter-
nal improvements out of The Union, and Terror es
but does that prove that in the conception of gentlemen
they not parts of the Union?
Sir there end the illustrations which may be brought
upon tbs subject history is full of them history uniform
| III IL ocSdn Win C'Sc ot Lpuisialu Invent
after orda became part of the Union and in oil cases.
under all every proceeding Congress up
the subject and by all udicaure upon the subject has
been held that the territories belonging the United States
to be governed by constitution Of their and in
the approving of that constitution the of Congress
not necessarily confined those principles which bind
when is exercised passing laws for the United States
the nselves. But, sir, take leave Of the subject.
| Mr.. CALHOUN. The senator has undertaken to reply
to my by maintaining that the territories form
part OF the United States had supposed that all the
ioral that have within the limits Of the
| United States, and constituted part.
Mr.. WEBSTER. Never!
Mr.. CALHOUN. The constitution expressly declares
| they belong TO the United States
Mr.. WEBSTER. That is a very different thing. col
ony of Great Britain belongs to England.
Mr.. CALHOUN. As they belong TO the United States,
they must have exclusive authority them and this
government the sole representative Of the United States
necessity POSSE whatever power be
the United States that derive under the constitution the
power Of lcgslating the Now the
stuton creates the United States and the bend Of
Union which makes the United States manifest that the
authority OF the United States be extended tbs
rltorcs unless the extends them. The oppo
site view would be absurd pesupposes that the gov
onmen of the United States could lcgsIate territory
which docs not belong to the United States.
| The senator has again alluded to the courts of the
United States in illustration Of the position which he has
taken. He has TAKEN in this respect substantially the
same ground which he did when he previously up;
and am content with the which made in reply
to 1t when last up, without undertaking combat it with
any other In order show that there difference be-
tween the power of Congress the States and the Ter
ritores he has referred 10 the subject Of internal improve
menS and asserted that there il member of this body