New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-11

sr,p4 ty aid ,e. ios. AID il ~a this ven treaty
otljs alton about Of opsty, coupled with tae tact
that tie code Of Lon sisns Of the time OF tss ee'
sion recognized ssyaJ-it "" this treaty compact
with France, not any ltension q sne .asfs ooo
.ttutop into territories carrying the right OF hold
inc .syes along With IT, that az the tme OF tbs
Missouri controversy was urged As sfoTdlns the
basis for ssyeholdng throughout all that region
30 far from sny idea eIs ting at that time thai
the Constitution Of the United States EXTENDED n
the territories, the 6rst act for the temporary
govern ment Of Louisiana put he President into
the place of the King of Spain, conferred upon tn.
territorial officers all the powers which the royal
officers had exercised aud placed the appointment
Of these officers in the President alone, without
reference 10 the Senate. The laws OF Spain re-
manned in full force the only change in fact being
not in the principles or forms Of the Government,
but in the persons who administered it. Aud
wber, at the next session, more permanent form
Of administration was adopted, it was not the
Fsdersl Constitution which WA taken as
guide but the stitational method Of terri
toral administration in use under the Ordinances OF
I757, and the compacts with the ceding States
embedded in it, Some departures were made from
this model, but those were in favor OF the Old
Spanish u.sees. Thus the right Of trial BY jury,
though guaranteed by the Federal Constitution, in
al cases exceeding the value Of twenty dollars Was
refused, and the Go was vested with the old.
s,bioued royal authority Proroguing the Legisla
ture at bis pleasure.
The Louisiana Act of October, 1903, was copied
By the Florids Act Of 1919. All the powers eIer-
cised by the Kings officers were to be exercised
until the ED Of the next session of Congress BY
such persons as the President should direct Under
this act, General jackson was commissioned -
Governor, with all the powers Of Captaln-GenerA
and Intendant OF Cuba (of which Florida had been
Dependency Nor did be hesitate to exercise
these powers BY disregarding writ OF habeas
corpus, and, calling to account the Judge who had
issued it, to release prisoner whom he had CON-
mitted He took the ground that no part OF the
Constitution and no act Of Congress went to Ter
rtory unless expressly extended to i. BY Congress,
aud in this view of the case he was sustained by a
unanimous decision Of Mr.. Monroes Cabinet and OF
both Houtes Of Congress- before whom the question
was brought
So long as it was mere question Of civil rights
or political privileges, so long as personal freedom
or Democratic principles were to gain anything BY
it, the idea that the Constitution of the United
States exteI ded to the Territories never received
any countenance in official quarters. II was not
till after the Mexican cessions, and then wholly in
the interest Of Slavery, that this idea was first
la 81 .haJS nd
the principle that the existing local law Of eeded
territory remained in force till modified or altered
by the new Government, it was contended that
Slavery was Illegal in all the new territory acquired
from Mexico, aud could only be reestablshed BY
some positive enactment 10 its favor. 1t was to
me ct this state Of the case that in the Oregon de-
! bate of le46, Mr.. Calhoun started the idea that
simultar esusly with the cession by Mexico the Con
sttutiOn Of the United States extended itsef over
all the newly acquired territory, overriding all such
Mexican laws IS were inconsistent with it, and as
according 10 his Interpretation Of the Federal Con-
stituton, it sanctioned and guaranteed ,ayeholdng,
Of course overriding all the Mexican laws by
which Slavery was abolished or prohibited. Yet,
at that very time, Mr. Calhoun had so little CONF
ucueo III Ms oNu uoOtiAC, eSouseuj 10 ~ ""'t "
Clay and Webster, and contra1ictsd by the whole
hi,tory of the country, that instead Of relying upon
this .eft xtension Of the Constitution into the Ter
rtories, at the very time he labored hard to get an
act of Congress specially extending the Constisa
ton to the Territories Of New-Mexico and Califjr.
pis Little did be imagine at that time how soon
bis bold novelties were to be adopted BY the Sd
preme Court of the United States as an authorita-
tive exposition of constitutional law too plain and
clear to need word said in support of it
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