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


Well, the amendment goes in the way and says
further that the shall as far as thew are suit
able, be applied in the territories Now, should like
know whether that qualification the honorable member az
he understands it, applies as far is suitable to the
constitution itself; whether he understands that oafca-
ton applicable only to the revenue laws Of the United
States which he proposes establish the territory Does
the expression, as far suabe apply to the conslu-
| ton r the revenue laws, or both
| Mr.. WALKER. | would say this, cir that whatever
may have been said in the discussion of that point
family not my meaning 10 frame the amendment to ex-
tend the this territory those respects IN
which is not applicable, but only in those IN which may
be applicable.
Mr.. WEBSTER. Then il comes o this: that the
stuon far practicable to be extended to the terri
tory and how far practicable be left to the Pres
dent of the United States and therefore, the President of
the United States territory absolute despot
that territory He the judge of what is suitable and
of what unsuitable and what he thinks suitable he
plies and what he thinks unsuitable he refuses opply He
Is on hoo 1t is IN general terms that the Pres-
dent of the United States shall govern this territory he
fit until Congress makes further provision II that be
it, exactly leaving the territory under the military rule
which substs The President may make tho
custom houses attempted the OF Florida but the
amendment leaves everything else exactly where is
Now, if the gentleman will be kind enough TO tell mo
what principles of the constitution he supposes suitable
what distinction he will draw between the suitable and
suitable applying California; shall be better instruct
ed but let only say, that general there
IS such thing extending the constitution of the United
States over Territory -The constitution of the United
States established the United States and moth
ing else IL be established nothing else than the
existing States and States that shall in here
constitution There is confusion OF IDEAS SIR IN this re-
spec which is quite remarkable among intelligent gentle
men, ard especially among professional ana judicial charac
be taken for grated that the right of trial by
Jury, OF habeas corpus and thing IN the constitution OF
the United States designed protect personal liberty, by
force of The constitution is exeaied all acquired terr
tory. That be maintained that proposition
be maintained ALL How do you III Why sir, by
the oosest of all possible ntecnces 1t asked poss
BILE those entitled to the writ
of habea corpus and trial by jury 1es cir IS very pos
sibe and very true; II Is exactly SO, until the
| oT ~, farm oG
ment that takes with 1t and maintains these gem
era principles of public liberty. Why if the ideas Of some
gentlemen the hopes of persons, were realized.
and Cuba were to become possession OF the United
States Tomorrow does anybody suppose that the haoea cor
pus and trial by jury attaches itsefto Cuba Whyany
more let ask land let ask, especially the honora-
BILE Senator from South Caolinawhy they entitled To
these rights any than election laws and polli-
cal franchises-popular franchises Sir the whole
thority of Congress this subject comprised in that
very short provision that Congress shall have power to
make all needul rules and regulations respecting the
for is quite evident that the compromises OF the con-
stituon looked acquisitions to form new
territories but they have been acquired from time TO
me territories have been regarded as within that gene
scope and provision of the constitutions and are all gov
erned by that We have never had territory YET governed
the United States governed, either IN respect to
taxation, respect representation, Judcature,
or legislature anything else; but they have always
had a constitution peculiar themselves, supposed to DC
appropriate their condition, and which constitution
the of Congress establishing territorial governments
and that government may be way tmay be another
need say and do say, that while sit here to le
gisae and laws for the Territories not bound
by every Of the great principles of public liberty which
Incorporated in constitution and made the iounda-
ton upon which rests. We should be unjust
Selves the spirit of the constitutions to the of lib
erty and good government il failed to observe with
gous scrupulousness the formation of Territorial gov
ernmenl any of these great free liberal popular con-
principles These the conscientious that
to operate upon us IN passing the law These principles do
not in their authority, proPro pigo,e, at
ach Cuba any cesson of territory made BECAUSE up
of territory to the United States, tn II territory
does not become q States.
PROPOSE to pursue this d,scusson but do ask
gentlemen, who in the habit of discrimination ask
the honorable from South Carolina parlicuarlyto
distngs between the great principles that ought to
us, while pass laws for the OF territories,
and those principles which inherent system
al aud cel authority under which act
and from which liberty in any to depart
1t that may take any part of the constitution
of the United that think applicable to the terrific
ry and that it shall be law of the territory 1t Will
be- but will stand upon the enacmentupon the authority
Congress- and the general authority OF
the constitution of the United Saes--because it clear
as daylight that the constitution of the United States makes
provision whatever for the Of the territories
except that provision which leaves all the discretion of
Congress- regarding them of the United States not
a part portion of the United States, but territory
the United States and the Union established under
the constitution.
MI CALHOUN. Mr.. President, rise detain the
Senate but for few minutes with view to make lew re-
marks upon proposition advanced by the senator from
New Jersey, Mr. DAYTON endorsed in full by the senator
from Nwe Hampshire, Mr. HALE and partially endorsed by
tho senator from Massachusetts, Mr. WEBSTER that the
constitution the United States does extend to terrific
ries Now, very happy to hear this proposition,
for it will have the effect great extent the
controversy between the North and South regards the
slave question with the territories 1t Is an
implied admission the part of these gentlemen that the
extends the territories Will protect the slave
property the South within their limits. Ii VIII place it
under the shield of the constitution, and you can put no
other Interpretation upon the opposition which gentlemen
have made to the of the constitution the
tores Of United States Then the simple question is,
does the the United States extend To the Ter
rtores Why sir the constitution nerpets itself pro-
nounces itself to be the supreme law of the land"
Mr. WEBSTER, Tin his seat) What land
Mr. CALHOUN. "TmE land" The land belonging
to the United States or the territories of the United
States as a part of the land. NOT the supreme law
of the States only; wherever flag goes, wherever
our authority goes the constitution, in parn all lis
suitable parts--goes Why, sir, have authority
beyond the constitution! put the question the honora
bic the does go there how do
we 90 there? Are subject the constitution Is not
existence of Congress itself dependent upon the
tutoni Would it be annhlaed with the constitution
And shall we the of the constitution, pretend that
have authority beyond the reach Of the cons,'u-
ton Sir, told few days since, that the Supreme
Court of the United States had made decision that the
stuon did not extend to the territories but by act OF
Congress. l increduous, and incrcdulous,
that any tribunal pretending have knowledge OF our
absurdy. Such n decision that would be a Significant
omen. But, sir, for say ought not ana never can
prevail The territories belong They are ours as
representatives of the States OF the Union we a'e 'oe
representatives of the States of this Union, a'u "
authority the United States can exercise III ''ie
be exercised by 1t is by the auhoy Vi u'o oo'
stuton that they have become ours. or , .Te M ~