The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-08


Mr. YULEE II the senator thought il useless then,
presume be did also think useless at the last session.
when the main poins in issue between the two houses
presented in the contrast OF the Senate and House
amendments was as 10 the extension OF The constitution
g the Territories and the effect i would have upon Tue
Mexican laws f# ~
once, upon my suggestion distinction between Inc TWO
He proposes 10 establish territorial government
BY that bill, we proposed to do no such thng by he
OF territorial government the constitution
certainly does go there But the other question was re-
garded at lie time one somewhat doubtful. and was
debated by the honorable senator from Massachusetts
Mr. WEBSTER, and the honorable senator from South
Carolina formerly among us, lMr CALHoUs.l think II
is safe admit that phaseoogy although, Tor reasons
already stated, do not think i at all necessary IN the
!. Mr.. YULEE. ] do not care. 10 press the point
In respect TO the senator from Kentucky nearest me-
[ Mr.. USDERwooD,l ! will say thai, notwlhsiand-
ing the opinions which the senator expresses now,
and expressed upon former occasion when ne voted
against the Clayton compromise bill the majority OF me
Senate adopted the section 70 which haye Te, ,s as
gst OF the whole compromise referring both parties 10
their constitutional rights, have nothing more to say
MIR WEBSTER do not intend at all to discuss this
question AT the last session. had mol the fortune to
satisfy the Senate with the view took upon i then,
that the proposition now before the Chair subject TO
two great objections The is that il says the prin
cples OF the constitution, far they may be appca
ble;" Who is to Judge how far that ISL Petty Judges
and justices? There must be something distinct
and definite than that. If you do anything The
other is this What principles What are the general
principles of the constitution Of the United Saesi Why
that there shall be government OF three branches and
Senate one OF the principles You do not propose that
the people shall choose senators Another great prn,
cple is the tenure Of the judicial office, which shall
be independent the bill says II shall be dependent And
SO you may run through all this bill and compare il with
sa ss nd VIII find that s
the bill already init would be quite repugnant to any
such general declaration shall take pains to resist
ata
some future day. into the Senate shall take the pains
of drawing amendment stating that certain things
established bulwarks Of liberty in the constitution and
held 10 be binding and obligatory and lawful and para
mount in these Territories. while they remain such
Mr. BERRIEN confess that hear with some sur
prise the objection OF the senator from
and the terms by which the constitution is to be rendered
applicable these Territories and 70 be extended there
e s senator u ne om viii ece he VIII
know that the law OF Great Britain adopted
in his Stale, and in of the States Of this Union,
in the manner the constitution proposed be
extended to the Territories OF Utah and New Mexico SO
far they applicable These expressions are be-
ieye. subject to the objection that applied to the
Mr. WEBSTER, lin his seat) II my friend will al
low me Y is $50 far as i has been used and approved"
Mr. BERRIEN $50 far as il has been used and ap-
proved" These States colonies OF Great Britain.
The common law originated before the revolution, and
had been used and approved TO certain extent We are
about to apply laws to Territory In which they had
must be difference in the phraseoogy arising from
cessity out OF the difference of circumstances The ex
preston is analogous to that used in the introduction OF
the law of Great Britain far as under the
ture OF the circumstances il can be.
But is asked, What the principles OF the constu
ton which to be extended to the Territories The
House OF Representatives, and OF the Judicial depart
ments can say generally in to that that the
constitution OF the United States is susceptible OF dvis
ion into two pars-one with regard to the organization
and administration OF the government, and the other
with regard to the rights OF citizens. The organization
and the administration OF the government, with the
provisions which accomplish these purposes, will of
be inappcable to the Territories; and the other
class is that which he proposes TO include i'll his
amendment They are in general terms, the principles
of the constitution applicable to the rights OF the Amer
lean citizen, wherever they may found within the juris
dicton Of the United States, and will be transferred by
the operation Of this amendment.
But let say. sir, that my judgment, giving
to it too much Importance and i is leading to extern
sion Of this discussion, which hope will be avoided.
stage, shall introduce the amendment which he proposes,
the matter will be open for discussion. Until that time,
hope i will be postponed.
Mr.. BUTLER will not detain the Senate but in
the vote am about to give may perhaps not be under
stood and wish TO explain my view OF that subject
have always maintained and understood that when you
once organize , ior Territory and attach
OF justce-the Judges must administer the laws OF
the country have always regarded the constitution of
the United States as the supreme law and without any
extension OF The constitution OF the United States say
that any judge that, in any one OF the Territories OF the
United States under the organization OF territorial gov
ernmen should deny the writ OF habeas corpus would be
improbable, because il is part OF the law. And say,
furthermore that il he undertakes 10 permit any post
foco law to be passed there, he would violate the
preme law under which he was acting because the
stiiuon would be extended, far applicable, and is
not only part OF the aw but s the supreme law, and is
binding upon every Judge who administers the law. In
that respect agree with the senatoTrom Georgia. hathe
constitution Is divided into two partsthe relates to
the organization Of the government ITSELF land. OF course,
this is not appcable the other the law OF the consttu
ton The constitution has certain great principles which
must be enforced and which you cannot disregard in any
part OF the United States where American citizen
claims the protection OF the American government The
government derives its power TO legislae from the con-
sttuon and boldly say that in Utah, tomorrow with
any extension OF the constitution at ALL il any sci OF
men 10 raise army against the constitution 10
levy war, TO aid give countenance 10 enemy.
they would be- under The constitution guilty OF treason
know there is much TO be said upon the subject, and
have contented myself with merely passing remark upon
il am very sorry that my friend from Florida thought
organize territorial government, BY implication IL
carries with il the constitutional law.
Mr.. YULEE. ! will say but single word. II the sena
aior from South Carolina does not like the amendment OF
course, presume, he will vote against it. And will
say, in reply to the question whether attach any value
TO this amendment not, that am myself OF an opinion
somewhat similar TO that expressed by the senator from
South Carolna but there is another class OF gentlemen
who think otherwise. The senator from New Jersey ex-
pressy objected to that particular phraseoogy upon the
ground that il might give TO the South an advantage
which they bad not otherwise
Mr. BUTLER, lin sseat) That was the amendment
r. -. f.~.r T..