The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-26


come pouring down upon every morning from sena
tor from New Hampshire Mr. Hale who to be
kind Of funnel through which they 10 be showered upon
us. But have gone far beyond the limit which intended
and will take seat.
Mr. WEBSTER The honorable senator from South
rona who has Just taken his seat says he is penareJ -
say boldly that the northern States have observed b
have broken the compromises of the constitution IL no
duty OF mine, TO take up glove that thrown at the
whole world. Ii is no duty of mine aceep, general
challenge. But if the honorable member shall fl to De
so oblsing inform the Senate, my hearing on wh.
the State whose representative stand here has for
borne observe has broken, the compromises of IN.
constitution, he will hnd IN me combatant upon that
question.
Mr. BUTLER. | take the liberty ask the gen,ems,
in every respect has sustained the laws of Uned
Mr.. WEBSTER. | have yielded the floor, sir
Mr.. Blu Tier asked the question in good faith.
Mr. WEBS FER. | do not doubt IT, vii. yield The
floor with pleasure If The senator desires akng
Nj BUTLER understood the senator to ask me
whether the State Of Massachusetts--
Mr.. WEBSTER (in his seaI No, sir.
Mr.. BUTLER. My opinion is, then, If the senator
Mr. CALHOUN (in his sen.) He did not ask you
Mr.. BUTLER Then beg your pardon, sir for the
Mr. WEBSTER have not the least objection sir |
did not make point Of this Twill hear the gentleman
with the greatest respeche respect which always feel
for him. All that meant to say is that if he is prepared
reduce what seemed to he general charge particular
charge and If ne shall undertake TO specify parcuarze
any which the legislature Of the Stale whose rep.
ken, attempted break violate the compromises of
constitution, will be my duty that question
and defend the State which live. do intend 90
into that, sir al all at present Other States for
themselves
Mr. President it is of some importance that we should
seek have clear ideas and notions of the question
which this amendment Of the honorable from WIS
consin presents TO and especially that should seek
get conception of what by proposition of
law extend the constitution of The United States ter
rtory. Why, the thing is utterly impossible. All the
legislatures the world this general form, cosd
compish IT, there is congruity there is for the
Of legislative power such regard that. The
constitulion-why, is it; We ex,ead the constitution
of the United States by law 10 territory. Well what
the very first principle of the constitution Why it not
that ali within influence and comprehension shall be
represented the legislature which establishes shall have
only right of debate but right of vote all shall
have in both houses of the tgssure Is
thar the fundamental principle Of the Does
not all rest upon that Can We by Iaw extend that
territory Of the United States Everybody will see that It's
altogether impracticable.
ell the amendment goes in the same way and saws
further that the laws shall far they SUIT
able be applied to this Now, should like know
whether that qualification Of the honorable member he
understands 1t, appes' as far as 1t is suitable to the
constitution ITSELF whether he understands that quaifc
ton applicable only TO the laws Of the United
States which he proposes TO establish in the territory.
Mr.. WALKER. 1 would say this sir that whatever
may have been said the discussion point it GER
tan!y my meaning frame the amendment to ex-
tend the consultation TO thus territory in those respects
which Is not applicable but only in those which may
be applicable.
!
stu,on as far practicable be extended the terri
tory and how far practicable be left the Presi-
dent of the United States and therefore, the President of
the United States after it territory absolute despot
that territory He is the Judge of what suitable and
of what unsuitable and what he thinks suitable he APP
plies and what he thinks unsuitable he refuses apply He
Is ones IN hoe II general terms that the Pres
dent oil the United States shall govern this territory no
sees fit until Congress makes further provision If that be
It, is exactly leaving the territory under the military rule
which over it. The President may make the
custom houses attempted in the of Florida but the
amendment leaves everything ese exactly whore it
Now if the gentleman will be kind enough tell me
what principles of the constitution he supposes suitable
what distinction he will draw between the suitable and
suitable applying to California; shall be better nsruc
cd but let only say SIR that in it's general there
States over Territory The constitution of the United
States established the United States and moth
ing else be established nothing else than tho
existing States and States that shall in here
AFTER when they do they then under the
stution There is confusion of deis, sir, in this
spect which is quite remarkable among intelligent gentle
and especially among professional and judicial charac
1t to be taken for granted that the right by
jury of habeas corpus and thing in the constitution of
the United States designed protect personal liberty by
force of the constitution, extended all acquired
be maintained all. How do you arrive III Why sir by
the loosest of all possible ncrences. 1t asked is poss
BILE that those our are not entitled to the writ
of habas corpus and trial by ury' Yes, sir very pos
sibe, and very true; II Is exactly so, until the
legislation of Congress gives them form of govern
ment that takes with it and maintains these gen.
of some gentlemen, the hopes of persons,
realized, and Cuba become to the United
States does anybody suppose that the abtas
pus and trial by jury attaches itself to Cuba, Why any
let ask land let ask especially, the honora
BILE Senator from South Carolina-why they entitled 70
these rights any than election laws and pol
Cal franchses-popuar franciscan Sir, the whole
thority of Congress this subject is comprised in that
very short provision, that Congress shall have power to
make all needfu rules and regulations respecting the
Territories of the United States The word is terri
tory;" for is quite evident that the trainers OF the
constitution looked to accessions make
territories; but territories have been acquired from
time to tine, they have been regarded within that gene
raj scope and of the constitution and all gov
erned by that We have had territory yet either in
respect 10 axaon in respect to representation udca
ture or legislature anything else, but they have always
had constitution peculiar to themselves supposed be
appropriate To their condition. and which constitution is
the law OF Congress establishing Territorial government;
and that government may be one may be another
need say, and do say that while here Ie
gisae and pass laws for the Territories bound
by every of the principles of public liberty which
Incorporated constitution and made the founda
ton upon which II We should be unjust
selves, TO the spirit of the constitution to the of lib
srty and good government If failed observe with
gous scrupuousness the formation of Territorial gov
ernment one OF these great Free LIBERAL popular con-
principles These the that
to operate upon passing the law. These principles do
not cannot in their authority, proprio rgoye, at
ach to Cuba any of territory made because
cession of territory United Slaes that territory
does not become part Of the United States.
propose, sir, to pursue this discussion but do ask
gentlemen who the habit Of ask
the honorable from South Carolina partcularyo
distinguish between the great principles ought gov