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

oral governments propose this amendment TO be added
At the end OF the lothsection:
And the constitution and laws Of the United States
he sed Tssposs y car hs os y o,es We
thereof may be applicable.
Mr. CLAY stated yesterday, that il the senator
would look at the bill, he would md this in the ssh sec
tion:
States which are not locally napplcabe Shall have the
same force and effect within the said Territories Of New
Mexico as elsewhere within the United States.
Now, II the senator will move to amend the ssth sec
ton by inserting the word constitution" so as 10 make
il read "the constitution and laws Of the United States.
i seems to me that would accomplish his purposes and
be the best place to introduce the amendment
Mr. BERRlEN. wish 10 say TO the honorable sena
tor from Florida. that the why the amendment
which he proposed to the 10Th section confined AZ
il was was that there were Two sections ia this bill
which were nearly the same; one OF which has been
referred by the honorable senator from Kentucky and
the other tsec 2ll IS in the same words. His amend
ment properly applies to these two sections.
Mr. YULEE. | would have objection TO this, but
il seemed to better 10 adhere in all respects TO the
phraseology Of the Clayton compromise, having once
Mr. BERRIEN. should have had no objection to
adopting that il there bad not been two other sections IN
this bill 70 which that would have been more applicable
think the honorable senator will accomplish his object
by bringing bis amendment 10 bear upon the twenty first
and thiriy-eighih sections OF this bill.
position TO this amendment, except that have
doubted and trust that southern man does that the
constitution Of the United States carried to these Ter
rories by the treaty But il this be not the caseand
surely speeches have made here that ought
vince any one that isf this be not the case, does
any doubt that the act OF establishing territorial gov
ernmens under the constitution OF the United States, has
the effect OF carrying the constitution of the United States
therel Surely there can be no doubt upon this point
do not mean TO determination to vote against the
amendment tor, in spirit Of compromise, will agree
to iii but regret the disposition manifested to overload
the bill with Unnecessary amendments which may lead
to misinerpretation and mischief -, -.
Mr.. CLAY. One word only. The question whether
the constitution OF the United States, upon the adoption
OF the treaty, carried into California New Mexico.
ETC., or not, question upon which did not mean TO
express my opinion. Ii there is any doubt, however,
will do it, am inclined TO concur with the honorable
senator from Mississippi in the position that by the pas
OF this bill the constitution and laws Or the United
States would be- by implication, carried into these Terrific
RES But, waving all these Matters think, II It IS al
ready carried there there be no objection 70 this prn
% and = the w h ms o
Georgia. and introduce the word constitution" before the
word "laws,. shall make no objection.
Mr. YULEE. | will suggest this course to the honora
bic take the section the Clayton compromise
BILL altering the word aCaliforna" to "Utah and in
sert ii in lieu OF the 2lst section and changing It TO
New Mexico, and inserting again in the place OF the
Mr. CLAY | am really indifferent about it But,
with regard to the Clayton compromise BILL that has not
been made the standard by which this bill has been
drawn up never read il in my life But the advantage
of this law, it stands in this bill is, that 10 taken
literally from-not from the Clayton compromise bill
Territories have taken the precise language that has
been used there-and my friend from Illinois Mr..
DoUGLAs1 knows it-wth the exception that the word
constitution was not specified have no objection to
Mr. YULEE | will move, then. to strike out the
2ist section, and insert what have before proposed
Mr. CLAY have no objection.
Mr.. UNDERWOOD. Have the yeas and nays been
ordered upon thus amendment
The VICE PRESIDENT. They have not.
Mr. UNDERWOOD. rise to ask that they be order
ed and Il do for The OF recording
against this amendment 1t is identical with the pro-
visions Of the bill it stands, although the words
are not the same Now am not willing for one, by
legislative VOTE say that the organic law OF the country
does not extend every part Of the country and that
after have made by treaty any acquisition OF part oil
tend the organic law of the land over that country
not willing by my vote, to sanction principle like
that wish TO show that entertain contrary opinion
and therefore call for the yeas and nays.
Mr.. FOOTE. wish to make an appeal TO my honor
able friend from Kentucky, tMr Underworld with
whom perfectly concur as to the entire useessness OF
the amendment. In spirit OF Cancellation, however,
have been willing at the suggestion Of the senator from
Kentucky, who sits furthest from me, Mr. CLAYl to
amend the bill far practicable 80 as TO be sasfac-
TO be useless and refer my honorable friend TO prnci-
pie OF the law, with which no one 10 more ia.
miar than himself which runs thus: ae. per inuiie
uiiiatur, which, literally translated, means simply
that supiusage cannot viiiae On this principle can
vote Tor the amendment
Mr.. UNDERWOOD. am dsinclined to put upon the
reCOru anything WHICH justly
ter. that the constitution is to be extended by legislation
II does TO 10 be matter OF some little conse-
quence, and should rather vote against il upon that
ground, to leave il upon the record that we do not
think II necessary
Mr.. DOUGLAS | agree entirely with the senator
from Kentucky who last spoke, that the constitution is
there now but say, il il is not, il ought TO be- should
not have doubt upon the subject but Tor the fact that two
years ago very elaborate discussion took place here
between distinguished senator's TO prove whether the
constitution in force in the territory and
the distinguished senator from Massachusetts made re-
peaied arguments here in controversy with senator,
not no in his seat from South Carolina who maintained
that the constitution did not apply there unless extend
ed by law. He did not convince me, however ! still
think that every American citizen, upon American soil,
entitled 10 the benefit OF the constitution But there
any doubt upon the subjectf il is not there, ought
be there and shall therefore vote for the amendment
TO avoid any doubt
Mr.. DAYTON desire to ask whether, If the con.
stuon Is not there, you expect TO carry IT there by
legislative action.
Mr.. CLAY. Mr.. President, hope we shall not 90
into discussion whether the constitution is there or not
upon this amendment believe that speech upon either
side OF that question might be sensby made for hour
and half do rot think there is any occasion for now
renewing the discussion OF these matters. must con-
Tess that my opinion incines TO what understand TO be
the opinion OF the senator from Massachusetts, but let us
avoid these questions Why take up abstract matters OF
this kind 10 consume time II there, well and good
ii is not there, this enactment will carry II there. In
answer to the worthy senator near me, MIR DAYTON.
there is clause in the constitution 10 sustain this enact
carry into effect all laws and grants power in the different
departments OF the government Of the United States But
do not intend, and will not discuss that question II is
not necessary trust that the worthy senator upon the