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


evens is exactly upon the basis of the same principles
mat we have adopted the constitutional principle that
territory becoming the property of the United States or
coming to belong the United States by acquisition
son. remains as we have no JUS eoron to be taken posses
sion OF IN the first place by Congress- and then be gov
erned exactly as Congress may prescribe.
Mr. CALHOUN will be very Short and de-
eislve The senator's first objection is understand it,
mat show no authority by which the constitution is
tended to the territories. WELL sir ask the senator if
did not inquire how did Congress get any power the
Mr. WEBSTER. BY the grant of the constitution, in
so many words.
Mr. CALHOUN. Then that part is extended to the
terrilorv'
Mr. WEBSTER. To be sure it is the power to make
laws
Mr. CALHOUN. Then tina. it is carried to the territory
nave shown you 10y direct and specific authority will
go one step further How it that the power of Congress
goes further than the Staesl Everybody certainly knows
that IT IS not through legislation all Where You get
your legislative p'weri How do you extend the authority
OF Congress to the Territories whose depends
the constitutions Can any me And yet
the senator said assigned for it, assigned the
strongest reasonihat if the constitution does extend
there, you have right TO legislate there.
Ihen his next point 49, that the constitution is confined to
the States, and he surprised hear the rule
LAID down upon the subject lie stated that the
OF itself cannot execute ITSELF 1t requires the government
never denied that that constitution could execute ITSELF
within the limits OF the constitutions whir the
but execute itself nywhere of the government
requires human agency to enforce every where as well
as IN the States | say nothing to that.
Well, his next obi ection that all the provisions Of the
constitution do not extend by the constitution the Terri
tories and mentions the case of the Judges He saws
Judges appon ell for term of years, and the constu
ton provides that judges Of the supreme and inferior
shall hold their tenure during good behavior He says
that this proves that these judges do under the
category of the constitution.
Mr. WEBSTER. So far appeal lies from them,
they inferior courts.
Mr.. CALHOUN. SO appeal lies from the State
and many of the State do hold their
for term of years Now whether the Congress of the
United States has right to fix the legal tenure of the
nlJ nT the ha 10
Is question unnecessary for to decide do say
the whole constitution extends itself far have pos
constitution, for part of the constitution extend
itself, nor the laws themselves, beyond the for
which they are provided Now, undoubtedly, by far
the greater portion of the constitution intended pro-
vide for the special legislation of the States composing the
Union But many provisions do extend to those territories
lie says there Is nothing IN my argument declaring that
constitution be the supreme law Of the land BECAUSE
der the same category would be necessary establish
custom-house in California. believe all custom-housc
bound to establish custom houses there New York.
We need legislation for any further than need it in
the district of New York. We establish custom
house there without special law. Now, do remember
whether the has made any other argument have
noticed them all think If have not, | shall be very
glad to be reminded of any Other for listened acnlvey
to his remarks.
do need make a case. No, sir, the PROPOSE
ton that the constitution of the United States extends the
territories far can be applicable to them clear
every that the extraordinary of the senator
from Massachusetts, himself Mr. WEBsrEn cannot gain
say it, allow that there many neg awe cases in the
constitution. 1t says that Congress shall make post
facto law shall make law establish nobility and
there twenty other negatives in it. shall have
power anywhere whatever in these respects, it is ad-
med. And If all the negatives extend 10 the territory,
why do not all the positive regulations so with them Sir
do deem it necessary dwell longer upon the point.
M w san hs SENATE a
moment sir The great question is this-he precise ques-
ton hs Whether territory when remains in ter
rtoral state, is part Of the United Slates' | maintain
tEatl ia not 40 a
has been of the idea of in that respect than
that which l alluded, and which has drawn the
honorable senator's attention. Now let how that
stands. The judicial power of the United States declared
by the be vested Supreme Court and
IN such inferior courts as Congress SHALL from time to ame
ordain and establish. The whole judicial power of the
United Sates therefore, these ana the consti
tuition declares that all the judges of these shall hold
their office during good behavior WE'LL them the gentle
admit that if the legislation of Congress
heretofore has not been altogether in error those terri.
orIal courts do not constitute part OF the judicial
power of the United States-as they certainly do not
because the whole Judicial power of the United States
has be vested in Supreme Court and in such
inferior Congress shall estabsh and the judges
of all those courts to have life tenure III their
Offices. Well we do not give such life tenure and
never did any territorial That has gone upon
the presumption and dea suppose that the Terri
within and part of 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 needfu rules and regulations respecting ter
rtoes it ia that clause and that clause only that
the legislation of Congress respecting Territories has been
conducted because apparent from all history that
other provision intended for Territorial governments
inasmuch it is highly probable- think certan--that
acquisition of foreign territory ever contemplated
And again, there another remarkable instance. The
honorable gentleman, and his friends who act with HIM
these Subjects hold that the power of internal improve
within the United States does not belong to Congress
They deny that pass such law for internal I'M
provements in any of the States of the Union They all
admit that the moment go out of State into a
Territory, we may make just such improvements as
we choose. There is not gentleman on that side
of the chamber who has not, lime and again. voted
public money out of the public treasury tor inter-
nal Improvements out Of the Union, and IN Territories
but does that PROVE that the conception of gentlemen
they parts of Unioni Sir, there is end to
history is full of them history is uniform in It's course
1t began with the of Louisiana. 1t went on after
orda became part of the Unon and in all cases under
all circumstances by every proceeding OF Congress upon
the subject and by all udcaure upon the subject has
been held that the belonging to the United States
to be governed by constitution OF their own ana IN
the forming constitution the Legislation Of Congress
bound when exercised passing laws for the United
States the nseves But, take leave of the subject
Mr.. CALHOUN. single word sir. If the judiciary
Of the territories be part of the judiciary OF the United
Sta es, Congress decidedly wrong 1t may be that is
part of judiciary of the United aes, but doubt It,
part of the Satesare not the United States
Nov, sir, suppose all territories part of the United
States They called so.
Il Mr.. WEBSTER. Never.
/ Mr.. CALHOUN. They said to belong to the Uni
tod States.
Mr.. WEBSTER. That i. another thing A colony be-
! longs to England.
1 Mr. CALHOUN. Well, the United States has authority
over them. Whatever authority may have them
is az a part of the United States We have authority