The weekly Lancaster gazette. (Lancaster, Ohio) 1860-1863, 1861-01-03
The new Dogma---OpirIOus of Webster,
Benton, and Clay,

The do2D1a that the Constitution ex.
tends over the Territories by its own ex
pansive force is Of recent origin. 1t had
not been promulgated in lS45, wien
CALHOUN drafted the joint resolutions for
the admission of Texas, extending the
Missouri Compromise line across the sup.
posed boundaries of the country claimed
by the Lone Star State. 1t seems TO have
been first announced in lS48, ofter tie
Senate had ratified the treaty Of peace
with Mexico, by which treaty we acquir.
ed territory from which slavery had been
excluded or abolished by Mexican law.
The ceded Territory was Free. 1t be.
came necessary, tnen, for the s'avery.ex-
tensionists 10 inVsnt some new theory Of
the Constilion to meet the "exigcncics oI
the case" and in the session of Congress
of l848 and 40, CALHOUN drafted an
amendment to the General Appropriation
bill, which bad passed the House, On.
dueing WALKER Of Wisconsin to oferit )ex-
tending the "Constitution and laws Of
United States" over the ceded territory
1t was altogether an unparlia mehtary
amendment, being utterly incongruous to
the matter OF the bill; and the novelty
and startling character of the proposed
amendment brought WEBSTER to his feet
He said Of it:
|: is Of importance that we should seek
to have clear ideas and correct notions Of
the question which this amendment of the
member from Wisconsin has presented to
us; and, especially, that We should seek
to get some conception VI what is meant
BY the proposition, in law, to "extsnd
the Constitution of the United States to
the Territories. Why, sir, tie thing is
utterly impossible. Ali the legislation in
the world. in this general form, could
not accomplish it. There is no cause for
the operation of the legislative power il
such manner as that. The Constitution
what is ilS We extend the ConStitu
tiou ofthe Uuited States ny Law to terrific
Try! What, is the Constitution of the
| United States? Is not It's very first prin.
ciple that all within its Influence and
comprehension shall be represented in the
Legislature which it establishes. with
not only right OF debate and right tc
vote In both houses of Congress, but a
right to paltake in the choice Of President
and Vice Presidcn's Aod can we by law
extend these rights, or any of them, to a
Territory of the United States? Every.
body will see thu. il ia altogether imprac
licab!e. 1t comes to this, then: that the
Constitution is to be extended as far as
practicable; but how far that is, IS to be de
cided by the President of the United
States, and therefore he is to have abso
lutte and despotic power. lie IS the
judge Of what is suitable and what is un
suitable, and what he thinks suitable i.
suitable, and what he thinks unsuitable i,
unsuitable. He is "omnis in Aoc,," aud
What is this but to say, iu general terms
that the President of the United States
shall govern this Territory as he sees fit
till Congress makes further provision
!. Now, if the gentleman will be kline
enough to tell me what principle Of th,
Constitution he supposes suitable, wha
discrimination he can draw between suit
able and unsuitable which he purposes t.
follow, | shall be instructed. Let M
say, that in this general sense. there is n,
such thing as extending the Constitution
The Constitution is extended over the Uni
ted States, and over nothing else. 1t can
not be extended over anything except til,
old States and the new States that sha
- come in hereafter. when they do come in
There is want of accuracy Of ideas i
this respect that is quite remarkabl
among eminent gentlemen, and especial
professional and judicial gentlemen.
tiG somewhat singular that Mr.. WEE
sTER improved the opportunity to give
ID gentle hint to the members Of the Su
preme Bench; and it is not unlikely tbs
he then suspected the growing "consp
racy against Ere edom" which subsequent
ly became paten. 10 the world in the nc
.orious bred Scott decision.
Commenting on this debate, BEsTo
uses the following language:
1t was not Mr.. Walker of Wisconsin
the mover oil the proposition. that replie
10 Mr. Webster; il was the prOmpter Of Il
measure that did it, and in a way 10 shO
imme diately that this extension Of Il
Constitution to the Territories was not
ing but aew scheme for tho extension
Slavery. @
Mr., CALHOUN, in bis rep'y to WEBsTl
claimed that the Constitution was the 8
preme law of the land. Instantly detec
ing the design Of tie statement. Mr.. We
sTER called out from Lis seat, "Wh
land?" and Mr.. CALHOUN answered, "T
land; the Territories of the United Stat
are part of the land"
Mr.. Webster replied with much spi
completely demolishing the acute and
geuious yet intrnsically weak arsumt
Of the "great nulifler." He argued.
"The Constitution, as the gentlem
contends, extends over the Territor
TO How do.s il get MereP l am surpris
of to hear gentleman so distinguished al
10. strict constructlonist, affirming that
: Constitution of the United States cxten