The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1859-05-21

Der from Wisconsin has presented to us and
that W should seek to get some
conception OF whas u meant by the PROPOSE
tion, IN law, to sextend the Constitution of
No Unitsd States 70 tho Territories Why,
cir, 10 thing il utterly impossible. All the
legislation in tho world, in this general form,
eould not accomplish it. There is no cause
Tor the operation Of the legislative power in
such manner ~ that. The Constitution
what il il? We extend the Constitution Of
the United States BY Law to Territory! What
10 the Constitution Of the United States? Is
not its very 6rst principle, that al within its
influence and comprehension shall be repre-
scented in the legislature which it establishes,
with not only right OF debate and right
to vote in both Houses Of Congress, but .
and Vice. President And can we by law
extend these rights, or any of them, to q
Territory Of the United 6seaes Everybody
will see that Il % altogstAsf impracticable.
It comes to this, then, that the Constitution
is to be extended AZ far a. practicable; but
how far that is, 10 to be decided by the Pres.
ident Of the United States, and therefore he
is to have absolute and despQtic power. He
~ the judge OF what il suitable, and what 10
unsuitable and what he thinks suitable ia
suitable, and what he thinks unsuitable is
unsuitable. He is s0mnis in hoe; > and what
10 this but to say, IN general terms, that the
Presidenr OF the United States shall govern
this Territory as he sees fit till Congress
makes farther provision. Now, il the gen.
tleman will be kind enough to tell me what
principle OF the Constitution be supposes
suitable, what discrimination he oan draw
between suitable and unsuitable which he
proposes TO follow, shall be instructed
Let me say, that in this general sense there 10
no such thing 40 extending the Constitution.
The Constitution is extended over the United
States, and over nothing else. II cannot be
attended over any thing except over the old
States and the new States that shall come in
hereafter, when they do come in"
Henry Clay also participated in that dis
cussion, and seems to have been utterly sur
prissd by the novelty and absurdisy Of doo-
trine which has since been affirmed by the
Supreme Court and endorsed by the Demo-
cratic party. He says:
Snow, really, Unjust say that the idea tina,
4
treaty, the Constitution OF the United States
spread itself over the acquired territory, and
carried along with it the institution Of slave.
~, 10 20 irreconeilable with any comprehen.
sion, or any reason that possess, that
hardly know how to meet it. Why, sir, these
United States consist Of thirty States. In
fifteen Of them there il slavery: in ffteer
slavery does not exist. How san IL be ar.
gnsd that the fifteen slave States. by the op.
GRAFTON Of the Constitution Of the United
States, carried into the csded country their
institution OF slavery, any more than it car
be argued upon the other side, that BY tn,
operation Of the same Consultation the fftser
free States carried into the ceded Territorie,
the principle Of freedom, which they, froE
views Of public policy, have chosen to adop
within their limits ?"
In closing his account Of the debate in tn,
Senate On this Calhounish, amendment offered
BY Walker, Mr.. Benton says:
"Suoh we're the portentous circumstance
under which this new doctrine FIRST reveale,
itself in the American Senate and then q
needing legislative sanction, ~ requiring
an act OF Congress to carry the CONSTITUTION
into the territories, and to give it fierce an,
efficacy there. Failing in that attempt, tn
higher ground Was afterwards taken, that tn
Constitution went Of itself, and enforced it
self in these territories, SO far 40 slavery i
concerned; and this, Iapprehend, is what th
Supreme Court has decided"
Proceeding then to argue against this de
cision, he makes this point, to which we hav
already called the attention of our Demo
cratic cotemporary:
In - tor~s he nrsu;nu - tkn Cr~.n~~.
Court stops ct the invalidation OF an got 0
Congress which shall prohibit slavery in
Territory upon its principle and reasons
should invalidate any other act having tn
same effect-whethss il be the constitution, O
law, OF State coming into existence in tn
same Territory, and taking its place. TIL
principle 10, that the constitution carrying
slavery into the territory, the holding slave
there 10 q constitutional right which canno
be defeated BY an act Of Congress. Now
that being the ease, can any other authority
defeat it.? Can Z State do Is? Can on,
State do by itself what al tho States togethe
in Congress cannot dor The inequality, deg
radiation, insult and injury Of being debarrs,
from an equal use Of . common property,
the grou0msn OF the complaint; now thi
degradation, insult, injury, and inequality
: would be precisely the same il done BY
! State Law, or State constitution, - il don
: by an act Of Congress. The damage wonl
be the same, and the insult greater, becans
done by single State, and . young one fres
from the territorial condition, and setting
\ defiance the rights Of al the old slave Stat,
!, to which il might owe its existence. II
: case would CRY equally for the interpositic
% Of tho Supreme Court, and il would be ca
u in which the court would have clear rig
D to intsrpose. For the Constitution OF &
2 United States 10 supreme over State eonsi
II tutions, State laws, and State judieiariss.
y overridss them oil wherever il goes and Z
u ing into the new State with the same rio
d. and ds,fx Ia ,,xntAck x,axaons and nHonaskx