Newspapers / Raleigh Times (Raleigh, N.C.) / March 9, 1849, edition 1 / Page 2
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COXGIIESSIONAL. INTERESTING DEBATE IX THE. UNITED STATUS SENATE. Slavery is the Territories.--Sin. ' Webstek and Mil. Oai.hovk. - ' In Senalc on Saturday U amendments to the Oivul :inl Diplomatic appropriation l-.nl, Doing un and are all governed by t!mt. We have never had a territory yet, governed as the United States are governed, either in respect ti taxation, or in respect to representation, sr judicature, or legislature, or anything else; but tliey have always had a con- l stttutiou peculiar to tneuiselves, siiposeu ioue ap propriate to llieir condtiioh, ami which constitution is tlic law of Congress establishing a territorial government; and thai government may bo one way. or itniuy be another. I ne.d not say, and do not sav, thai while we sit here to legislate and pass laws for the Territories, we are nut bound by every one of the great principles of public liberty which were incorporated in our constitution, and made ., .... i . l.;..u VV ..".,,..1,1 l.o I e ll 1 liiaUOIl U ion VMtiiu u nam. , i.uuiu u. .l..v ,.i,.iiil,iTiirion- Ala WtmlKK. The honorahle senator from South Carolina, wlm has jnst taken his seat, says . .. a ... l...! tin h;.l t'nr. nrlhern ne is mii rr-,, - .. i.-... ....i, ..;.:, r tl, ci;i,.i;,.,. have n it oUserveu, uiu nave uroMii, m -iuui- j ....j..-. ... " ' . . , . .,: U is no duty ol mine, i to me causu ui nuruy mm goou i," State ...... nf tlltS Clll MlittltioU. sir to take ui) a clove that is thrown to the whole world. It is no duty of mine lo accept a general challenge. 13ut if the honorable member shall see lit to bc'so obliging us to inform tins Senate, in my hearing, on what occasions the State whose repre sentative I stand here has forborne to observe, or lias broken, the compromises ol" the constitution, he will liud in me a combatant upon that question. . Mil. Tiutlkr. 1 take Hie liberty to ask the gen tleman it, in every respect, she lias sustained the laws of the United flutes' 1 "'. ". '-:; Mil, W'EBsTiitt.. l have not yielded the floor, sir. ' - , , , : Mi!. BitlsR. I asked the question in good 1 faith. : . Mil. Wkihteu.; I do not doubt it. I will yield the floor with great pleasure. if.thc senator desires, (taking his seat.) Mu. Hutlkk. I understood the senator to ask ine whether the Slate of Massachusetts- - Mu. Webster (inhisseat.) No, sir.. MK.,Vi;iisTi;ii. Sly opinion is, then, if the sen ator asked my judgment. ,. ' ' Mr. Calhoun (in his seat.) , He did not ask you. Mu.uVl'LfiR. for Then I keg your pardon, sir. the interruption. . Mu. WnnsTVR. I hare not the least objection, sir.- I did not make a point of this. I will hear the gentleman with the greatest respect the. res pect which I always feci for him. All that 1 mean to say is, thai if lie is prepared to reduce what seemed to be a general charge to a partieularcharge and if he shall undertake to specify or particularize sny case in which the legislature of the State whose representative I am here has forborne toob " " serve, or lias broken, or attempted to break or vio late the. compromise ol the constitution,: it will be my duty to meet that question, and defend the Slate in which 1 live. 1 do not intend to go into that, .. tdr, at al 1 at present. Qiher States can answer for themselves. Sir. president, it is of some importance that we nhoiild seek to have clear ideas and correct notions of the question which this amendment ot the honor- .able senator from Wisconsin presents to us ; and especially that weshould seek to getsomc concep tion nfw'hat is meant by the proposition in a law to " extend the constitution of the United States to -a territory." Why, the thing is utterly impossible. All the legislatures in the world, in this general firm, could not accomplish it ; there is no congrui ty; there is no case for the action of legislative jiowor in such a manner as that. The constitution why, what is it T We extend the constitution of the" United States, by law, to a territory ! Well, what it the constitution of the United States ? "What is its very fust principle ? Why, is it not that all within its influence and comprehension shall be represented in the legislature which iles; tiblishes; shall have not only a right of debate, lint a right of vote; that all have representation in Wh houses of the legislature ? Is not that the fundamental principle of the constitution ? Does it not all rest upon that ? Can we, by law, extend :that t a territory of the United States? Every body will see that it is altogether impracticable, Well, the amendment goes on in the same way, and says, further, that the revenue laws shall, as far as ihey are suitable, be applied in the territo ries. Now, I should like to know whether that qualification of the honorable member as he under stands it applies, as faras it is. suitable,. to tho con stitution itself; or whether he understands that qualification as applicable only to the revenue laws of the Unitad States which he proposes to establish in the territory. Does the expression, " as far as uitabjc," apply to the constitution or the revenue laws, or both? Mr. Waleer. I would sav this, sir; that -whatever may have been said in the discussion of that point, it certainly was not my me iiung io name the amendment to extend the consiitution to this territory in those respects in w'.iich it may be inap plicable. Mr. Webster. Then it comes to this ; that the constitution, as far as practicable is to be ex pended to the territory ; and how far it is practica hle, is to be left to the President of the United States; and therefore, the President of the United 'States, after it is a territory, is an absolute despot over that territory. He is the judge of whatissni--'table and of what ia unsuitable.; and what bethinks suitable he applies, and what he thinks unsuitable Jie refuses to apply. He is omnia in hc. Ilisto wy in general terms that the I'resiaent oi ine un ited States .glial! govern this territory as he sees fit 'until Congress makes farther provision. If that lie it, it is exactly leaving the territory undt.r the mil itary rule which now subsists over it. "The Presi dent may make the custom-houses, as attempted in the case of Florida, but the amendment luaveseve jything exactly where it is. Now, if the geniloman will be kind enough to tell me what principles of the coii ititini m he supposes suitable what distinction he will draw between the anKable and unsuitable, as applying to Califor nia I shall be better histrusted hut let me only say, sir, that in its general sense there is no such Ihingas extending the constitution of the United i States over a Territory. The consiitution of the f United States is established over the United States, I n.,tl..,,M nLa I, n Krt ajt l,lisllM(l fVfV nothing eliO than the existing States an I over new States that shall come in hereafter. When they !o come in, they then come snder the constitution. U here is a coulusion ol ideas, aod in tins respoci, (which is quite remarkable among intolligeut gen tinman, and especially among professional and ju dicial characters. It seems to be taken for granted, that the rigid of trial by jury, of daiea corius, and everything in the constitution of the United States .designed to protect personal liberty, by force of the i-onstitution, is extended over all acquired territory. That cannot be maintained ; that proposition can not be maintained at all. How do you arrive at it? Why, sir, bytlie loosest of all possible inference. flt is asked, is it possible that tliote of our fellow not entitle 1 to the wr t of habeas cor- failed to observe with religious scrupulousness in the ''urination of a Territorial government, any one of these great, "free, liberal, popular conservative principles. These, are the considerations that are to operate upon us in passing the Uv. These prin ciples do not or cannot in llieir own authority pro- prio tigou allacn lo cuoa or any ressun oi lern tory made, because upon a cession of territory lo the" United States, that territory does not become a part cf the United States. I proptse, sir, not to pursue this discussion, but 1 do ask gentlemen, Who are in the habit of discri mination 1 ask the honorable senator from South Carolina, particularly to distinguish between the gr-.at piiuci ples that ought to guveru us, while we pass laws lor the government of territories, and those prii'.cijdes which are inherent in our own sys tem at home part and parcel of the authority un der which we act, and Iroia whick we are not at liberty in any case, to depart. It soems to ine that we may take any part of the constitution of the Uiii.ed Slates that wo think applicable to the terri tory, and enact that it shall be a law of the lerrito rv. It will be, but it will stand upon the enact- moiitiipon the authority of the act of Congress, and not upon the general authority of the constitu tion of the United Slates because it is as clear as daylight that the constitution of the United Slates makes no provision, whatever for the governaicnt of the territories, . except that provision which leaves it all to the discretion of Congress, regarding them as not of tlie United States, not a part und iorlion of the United States, but as a territory owned by the United States and the Union established under the constitution. ' .Mr. Ciuwi'-V Sir. President, I rise to detain the Senate but for a few minutes with a view to make a remark upon the -proposition advanced by the senator from New Jersey, Mr. Dayton, en dorsed in full by the senator from New Hampshire, Mr. Hale, aiid partially endorsed by the senator from Massachusetts, Mr. Webster, that t!ie con stitution of the United States does not extend to territories. Now, sir, I am very happy to hear this proposition, for it will have the chYct to nar row to a great extent the controversy between the North and South as regards the slave question in connection with the territories. It is an implied ai'm'ssion on the part of these gentlemen, that if the constitution extends to the territories, it will protect the slave property of the South within their limits. It will place it under the shield of the con stitution, and you can put no other interpretation upon the opposition which gentlemen have made to the extension of the constitution over the territories of the United States. Then the simple question is, does the constitution ufth United States extend to the Territories ? Why, sir, the constitution inter prets itself; it pronounces itself n be the "supreme law of the land." SIr. Webster; -(in his seat.) What land? SIr. Calhoi-n. ' The land." The land be loniinl to the United States, or the territories of the United Mates as a panoi me lauu. imh ine supreme law of the State only ; wherever our flag . goes, wherevor our authority gocs.tliJ constitution, in part in all its suitable parts goes."; Why, sir, i can we have authority beyond the constitution ? I put the question to the honorable gentleman if the constitution does not go there ? Are not we subject to the constitution t Is nut the existence of Congress itself dependent upon the constitution? Wouhfit not be annihilated with the constitution? And shall we, the creature of the constitution, pre tend that we have an authority beyond the reach of the constitution ? Sir, I was told a few days since, that the Supreme Court of the Uniied States had made a decision that the constitution did not ex tend to the territories but by act of Congress. I was incredulous and I am now incredulous, that any tribunal pretending to have a knowledge of our svstein of government should announce bucIi a monstrous absurdity. Such a decision as that would be a significant omen. But sir, I for one, say it ought not, and never em prevail. The ter ritories belong to us. They are ours, as represen tatives of the Slates of the Union. We are the re- i-.i -r,i.. T..:.. .. presenlatives oi me oiaies oi me union, aim wuai ever authority the United States can exercise in the constitution must be exercised by us. It is by the authority of the constitution that they have be come ours. Sir, there aie some questions that do not admit of argument. This is one of them. The mere statement carries with it tlu conclusion. rejoice, then, to hear gentlemen bv implication acknowledge that if the ci nstilution be there, we are under its shield. The South want na higher or stronger position to stand upon. You have put this judgment upon the courts of the United States, supposing tliem to have come to such a decision, ho turnis. as I can. very readily convince hiuw an equally unfavorable judgement of his own repeated I acts in both houses oi c ongress. iow sir, constitution of the United Staies, the gentleman areues extends over the territories. What parts of them J How does it get there T Most espe cially, for a gentleman so distinguished among the strict constructionists of ihv country, to maintain that the constitution of the United Slates extends over the territories, without showing any clause of the consiitution any way leading to that result, or from which such a result could in any way be inferred, increases in my mind, the surprise. Ono idea further, sir, upon that branch of the subject. The constitution of the United Slates ex tends over the territories, and ) no other law exist ing there ! I beg to know, sir, how any political imvernineut would get on without any other au . . . . . i. i Ann ...,.). M .:.nnmfliiiTu.M l,v ovArv nrrvpedincr :-ont of the territory, but in ren-renco io us " .,..........,, ,......,.-.-. . I , ,A.lu,lj,n, WITH H IP, Ol L.UIl'm'SS IIIHIII 111" BWMvl.lt UIIU u, mi .. ... - ITSMV uiiHcairiiii',11 ...... ........ n , , , priii nro'nortv of tlie Uniied States, showing that it re-1 upon the suDject, it lias nee u ifiu ma. i .e .em.o erri orv simply as property, amfgives Con- r.es belonging to the United Slates were to be gov ts o ,ly the nowPei; of 'regulating it as such.- ernod by a cons.itut.o,, o , he.r own ; an I ,n Iho S , ' ...h. i, pii!ie now. annrovimr of that constitution, the legislation of ,0W, i asn mu laws for the Uniied States themselves. 7mi -v o . .- :i- -..-Kr.a , n . . ..i.e. I. i ;...;.. .antmai,! ,1 Ihp run. loniiress was IIOI lli-cessaniy tviniiKu w er lo esiaoiisu a uriuiu'itt ks'."i, - - r, - . . . . ...i. ,.,i,nn ..,.t in H,n extent of i principles which bind it when it is exercised in SI Kill OH w w ....... , ... . - r . ... renulatin" it as nrop.'rty ? j P' Where, tnen.uo yi over territories? 1 .i -... r r. au A r -,i a t'u i.ntiiiu-i torios for.n no part of ths United States. 1 had exisieuceoi v,umwmuiii" . you get your legislative power But sir, 1 take leave of the subject. repeat, how do von extend the Sir. Caliwu.n. The Siintor has undertaken to ss lo the territories, when the reply to my answer by maintaining that the terri- 1 !... ..II il.& in.n,...lul nnocinna ll,at u.'A lion? Can anyone answer met And yel me supper., u.ai ........... ....... lorn, i assign- mw.... .... CnjOiw e.ji.l I nufii(rnf.it nn wnsull .,.. ......... v....o..i f 1 ... t II llio fnlwl j coiistiuitciJ u part. does hot extend there, you have no right to legis- 'Mr. edster. Piover ! i. I Sir. Cauiocx. The constitution expressly de laie inert. . ' I ., . ... . . , ,i. ii:.,i His nixt point is that the consKuiior. i: cor.I.n-: ciari-b i j ed exclusively to the Mat' s. atvi he was surprised As thev bel ni lo the U. States r ... ... ... i , .i ..... ,nr ok hi Lm i ill inn ciinsLiiiiiiun ui iw.ii s.aii- i - . - . . .. stitution ot the United Slates f lues tlie consiiiu- tnlestoland? Does i . - .i i- ui, i .,k.....i. A i-iinnv hi limit liritain ne onus io r.iiL'iana ?, .i " i , .11... i.. i to near ironi me ine ruie tiaiu.uowu umiii ui jouif ----y . .. - , ... tiontv over II ma sucu as is creaieu uv ine ton- ,, . . ... ... ....... w That is a very different thing. tiou ol Hie Unileil Stales seme lines io lanu i um it settle rightsuf proivrty ? Does it ascertmi the law of marriage? Does it fix the relation of par ent and child, guardian and ward ? Not one of thcnf.sir. The constitution of the United Slates establishes what the gentleman calls a confedera tion for certain great purposes, leaving all the great mass of law which is to govern society to de rive their existence from State fountains. That is the just view of the state of tilings under the con stitution. A Stale or Territory that had no law but such as it could derivo from the constitution of the United'Statcs, would be entirely without any state or territorial government. But further, sir, the honorable gentlemanhas been in Congress these thirty years, and is, tiieretore, conversant wnn e e ry subject. ' 1 mean, of course, to except the time when, so much to the advantage ol the country, lie nas 'oen employed in another branch of the government. He has assisted in the establishment of these ter ritorial government from time to time seen them al vays assented to them always. Now, the fion oralde gentlemen knows that tlie Congress of the United "Mates have established provisions respect ing the Territories utterly; repugnant to the con stitution of the United Slates. I will mention one that was alluded to just now by the Honorable Sen ator from New Hampshire that the constitution of the United States provides for the United States independent judiciary. -Every judge of every court of the L'niied States holds his commission and his office -upon the tenure of good behaviour. No judge in any one of the Territories which the hon orable Senator has himself contributed to establish ever held his office Ujion such a tenure. He holds it for a term of years, or holds it removable at ex ecutive discretion. . Sir, Dayton'. How is it almut Wisconsin ? Sir. Wkbster. I do rot know particularly a bout Wisconsin, but I rcimmbpr Uen. Jackson turned out the judges up in Michiganwhich was pretty near Wisconsin, Laughier. The ten ures were all for a term of years. Now, sir, how did we govern Louisiana before it was a State ? Did the writ of habeas corpus exist in Louisiana before its territorial got eminent 1 Did the right of trial by jury ? Who over heard of trial by ju ry in Louisiana before it became a State, or before tho law creating a territory gave it a right of trial by jury? Nobody, sir, nobmhj. It is well for us to look to our history. I do not believe that there is any new light new to be thrown u;xin the histo ry of the proceedings of this government in rela tion to that matter. The history of this government has shown that when new territory has been ob tained by acquisition from foreign nation, that ter ritory has been given, by Congress, such laws as Congress should pass for its immediate govern ment such laws us Congress should pass for its government during its territorial existence during the preparatory state in which it should remain I until it was fit to come in as one of the family of I States. Mr. President, the honorable Senator argues that the constitution declares itself the law of the land, and therefore must pervade the territories. "The land," I take it, sir means the land over which the consiitution was established ; or, in other words, it means tiic U. States, united under the constitu tion: but does not the gentleman see at once that that argument would prove a great deal toomuch? The constitution no more fays that the constitu tion itself shall be the supreme law of the land, thin it says that the laws of Congress shall by the supreme law of the land. They are both in the same position. " 1 his constitution, and the laws of Congress passed under it, shall be," says the constitution, " the supreme law of the land." : . Sir. Caxiiou!). The laws f Congress made in pursuance of its provisions. Sir. Webster. Very well ; I suppoaj the custom-house laws are made in pursuance of the con stitution. The honorable member docs uol deny - . 1 I .. I,, t 1... I li.n ......., I 111 i., n Ttl 11 111. I OA II. J .i . i itwvu muat Iiiivm vi nmve nu hor tv over them 1 nut execute itself, it rem. res me government. -- . - ' I never asserted that the constitution could execute "" ? ' 'M""- itself without a government. It can 'no niore ex- ol the United States, U of necessity ,st possess ecute itself within the Slates without a govern- j whatever legislative power can l e exercised over ment, thin beyond the States without a govern-; t teri.t.r.es. t t e i.as Ulo igu.g to the U. men. It requires human agency to support it t Slate, that we deny,, n cr he coiis'atution, the Ti ...f:.j .1... II..:. . I I .... every where. 1 say nothing as to that. i the constitution, creates the United States, and as ii . .,11 lli.i iiriitMulnnc tf His i.P m. i '""-"V ;, u , lul , iln:nll.wili,.k mJke. the IJi.i- .ml he mentions the case of imlaes. ai.iinted for i te. Sistes, it is mamlcst that the authority of tho a term of years in the territories, and the constitu- as much ability, w ith at least ns much zeal as any of them. On this occasion, however I was not an aspirant, and the friends of Sir. Badger must sock -- Siim.' other protection for him, against the Resolu tions of the Legislature. Personalties are always, a proof of weakness, and at best they arc nn Un fair and ungenerous mode of argument. Were I to imitate the temper of Sir. Stanly's speech, and endeavor t6 impugn the motive of his ardent pat riotism, which advocates a construction of the con stitution, at the eminent risk of our great Southern institution, I loo might use an epithet, and call him Mr. WimlJ-be-Foveign-Minisler. This would be no argument against hisspi?eeh, and would lie attributing to him motives of action, of which I be lieve him to be entirely unconscious. I signed his recommendation to the President, Gen. Taylor, fi r a Fore gn Slission, with the greatest pleasure ; nor am I disposed to impeach his motives becaus he, aspires to an office to which he is fairly entitled by his talents and his services. Those papers which have published Sir. Stan ly's speech will confer a favor on the eubserilier bv publishing this explanatory Card. " : WILL: B. SllKPARD. linn renuires that iudires ot the Supremo and inle- rior courts shall hold their tenure during good be havior, lie says that this proves that these judges do nol come under the provisions of the constitu tion. ' Sir. Webster. So far as an appeal lies from them, they are inferior courts. Sir. Calhous. So an appeal lies from the State courts, and many of the judges of the State courts do not hold their tenure for a term of years. Are they, too, inferior courts within the meaning of the'constitut.on ? Now, sir, whether the Congress of the United S:ates his a right to fix the legal tenure of the judges or not. l.do not pretend to suy. It niav be tii.it Congress has stretched its power beyond the constitution, or it may be that the courts have decided erroneously. That is s question un necessary for mo to decide. I never asserted that the whole constitution extends itself to the territo ries. Many of its provisions are inapplicable to the territories. The greater portion was intended to provide for the special legislation ot the States composing, the Union. But many provisions do extend to the territories. lie says there is nothing in my argument de claring the censtitution to be the supreme law of the land, because 't also provides that laws made in pursuance of it ..18 also the supreme law of the kind ; and in illustration of that position, he as serted that if such was tho case, it would be un necessary to establish custom house laws in Cali fornia as this bill proposes, as the existing custom house laws would be extended as a nutter of course. Iu reply, I state that, according to my imprcssisn, all the custom house laws nave a lo cal character, and are enacted in reference to par ticular places by name. A:n I right in this im pression .' Several Senators. .' Yea." Thy, then, from their nature, cannot be extended to Cal ifornia without special legislation for the purpose. 1 do not remember whether the Senator has made any other objection. 1 have noticed them all, I think. If I have not, I shall be very glad to be rjmindod ol any other, flrr 1 listjued attentive ly to his remarks,. : 1 do not need to make out a case. No, sir, the proposition that the constitution .of the U. States extends to the territories, as far as it can bo appli cable to them, is so clear that even the great tal ents of the Senator from Massachusetts himself, (Mr. Webster,) cannot maintain the opposite. I It may be, indeed, doubtful what particular pro visions of the constitution are or are not to bo ex tended to territories in many cases. But there is one entire class in reference to which there can be no doubt. I refer to those provisions which pro hibit Congress from enacting certain laws in any case whatever. A, nong iheui, I ask the Senator whether Congress has tlie power to enact any laws with resncctto reliffion in the territories which the ' constitution expressly forbids ? It also forbids the establishment ol an oner oi nooiiuy. i ass, can Cougress establish any sucli an order in the terri tories? 1 might go on and repeat many such questions, to ali of which there can be but one re plythat it cannot. This class of restrictions, llten, upon the pjwer of Congress, must be admit ted to extend to tlie territories, and if they may, why may not the power ot Congress, when appli cable, bo also extended J. No good reason can be assigned. Sir, I do not deem it n?cessary tn dwell longer upon the point. 1 should be happy to hoar any United Stales cannot ba extended to the territories unless th.' consiitution extends to them. The op nsite view would bo a'wiir I, as it presupposes that the govornmeut ot tuo uuiteu oiaies couiu legis-j i late over a territory which does not belong to the ; Unit d Stales. The Senatar has again alluded to the courts of ! the United Stites in ilbstratim of the position j which he has taken, in this respect, substantially j t ie same ground which he did a hen he vyas pre-! viously up; and 1 am content with the answer which I made in reply to it when last up, without undertaking to combat it with any other. In or der to show that there is a 'difference between the po.vor of Congress it) the States and in the Ter ritories, ho has referred to the subject of internal improvements, and asserted that there is not a member of this body, however opposed to internal, improvements within the States, who hesitated to vote for internal improvements in the Territories. I admit titers is a great difference as to tie power of Congress in legislating within the States, and Within the Territories. The Senator is surely mistaken in asserting that while many objected to the exercise of the power relered to, none objec- SOME TRUTH. - Major Noah of the Smiting Times, always cor rect upon the subject ol southern rights, has the, following upon tho abolition feeling of the North ern States : . "AglaxiT. at both sides. The Philadelphia Bulletin, a highly respectable paper, in running o ver its exchanges, cnine suddenly upon ihe follow ing paragraph from a New Orleans paper : At a sale of negroes by Thomas SI. lluuio, Esq. yesterday morning, north of the Exchange, prima negro woman sold singly at $500, and negro men (cotton hands) ranged from $000 to $ti5J. This is a substantial evidence that there is a steady de mand for this species of property iu our city, and at fair prices. " The worthy editor, on perusing the above, said it sounded quite strange to northern ears, for it brought vividly -before -him the reality ol slavery, with its degradation. It also exhibited, he said, in i s more forcible light, the difference between the- ted lo its exercise in the Territories, I, myself, ' southern and northern social svstems. and he seem. although 1 admit that this government, considered j cJ to nnite uiieasy and fretful in reading sucl. as a proprietor, might contribute to improvements ... , . . . . , . mide through its lands, to the extent Ihey s re ben- announcements. We do not of course wish to etitted, deny that we have any more right to wound thesensibihtyofourPliiladelphiicollcague, appropriate money in Territories than we have in j but desire to bring to his view something similar, the States. The question, however, of appropri ating money for internal improvements, turns up on the interpretation ol the provision in the sonsti tiition' relative to laying tax s and appropriating m. n y , and of course comes under au entirely dif ferent catcgi r,'. But there are many of my friends on this side who take a much more restrictive view of the power of internal improvements in Territo ries than I do, ami who uciioye tuein io ue uncoil stiliitional ill all cases. .jtS llnnn review of this discussiuJrl fool that lam justified in asserting that the prtipositiori ihalVhe constitution does r.ot extend to the Territories iJ so utterly indofeusible.that ali the ingenuity and pow ers ol the Senator has hot been able lo. maintain it; or render it plausible. I conclude by adding, as a sum total of the ar gument, that the South cannot ' deprived of the rights she claims in the Territories, without being deprived of the protection which the coustitii lion throws about her. ns upon high grounds. You have admitted that citizens are not 4tM aud trial by jury 1 Ye, sir, it is very possible, and very. true ; it is exactly so, until the legislation if Congress gives them a form of government that takes with -it ar,d maintains these gaaoral princi ples of public liberty. VV'hy, if tho ideas of some gentlemen, the hopes of some persons, were reali rM, and Cuba were to kocoini a possession ef the United Slates te-morrow, does any body suppose that the habeas corpus and trial by jury attaches aiitelf to Cuba ? Why any more, let me askf aind let me k. especially, the lionsrable Seniktor from South Carolina why are (hy entitled to these rights any more than to our eleCtiuB laws andpo 1'lical franchises popular franchises? Sir, the Thole nutliority ef Cougress on the subject. is coin iirised in that verr sh.t provision, that Congress hall have power to maie all needful rules and re gulations respecting the rerritories oi the united IS tales. Tlie -word is territory ;" for it is quite videut that Ihe compromises, of tlie constitutions looked to so new acquisitions to lorui new territo ries; but ss they have beep acquired from time to t'M, new territories have be in regard d as within tA jj'iucral .xioyj undpruvisiou of the constitution, the only means of defending your claiins, and re fusing ours, is to ueuy mu existence ot the consti tution in the Territories. The gentleman from Slassachusetts, I said, only partially acknowledges it. He acknowledges that the groat fundamental principles of our government may be carried there. He is right in that. Now, sir, is there a more fun damental principle than this that this is a federal Union ; that the States, as parties lo the Union, are States to which the territory belongja their fede'al capacity? Is there a more fundamental principle than this that there is a perfect equality between the members of the federal Union in all respects ? There can be none, sir. The constitution forbids all discrimination which would subject ono portion of the Union nearly -half the entire number to the other portion, upon any question. Sir, 1 will not aweu upon mis longer, l am ready to listen, if gentlemen choose to go on and show us uy wnai ingenuity uiey can inane out their ease". ' It is a mere assertion to say that the condition does not extend to the territories. Prove that oronosition. Prove that it does not extend ; that it is incapable ol being extended 1 hold the whole course ol this debate to he tri umphant upon that point. We are put upon high er grounds. It has narrowed the different, and n-duced it to a single point. The truj difference will be mro easily understood Uy tlie community when it is admitted that we can only be ousted by ousliug the constitution. Ma. Douglas obtained the flosr, but gave way to Sir. Webster. I am sorry to be in your way, sir, (to Mr. Doujl is,) but I should be very gl id to have an opportunity to reply to the senator from South Carolina last speaking. The honorable gentloman alludes to some decisions of the Snpreme Court, as affirming that the constitution of Die United Slates does not" extend to the Territories of the United Stales, and be says that he regards it as very ex traordinary. Mr. Calhoux. J said that I was told of them, but I was incredulous of the fact. Ma. Weoster. Well, sir 1 can remove the gen tleman's incredulity; for the same thing bis been decided in the Supreme Court of the United States for the last thirty year. Mr. Butler asked for an instance. Ms. Webster. 1b five minutes' recollection I eould give you half a dofc 'n. Mu. Bi TbEit. The case of Tanter? Ml. Webster. That is one. I am somewhat surprised at his remarks; for 1 can tell tho honora ble, senator frjiu SkfcHu Carolina, tiul iu f'urniina; that. If the constitution, because it is the su preme law rf the laud, goes to these territories, I then the custom house laws go with it. Under the same provision, the constitution shall be the law of the land. Tho laws, also, of Congress, made in pursuance of tlie constitution, are the law of the land, and no legislation upon the subject is necessary. Tho gentleman's argument proves that the momenta territory is attached to the United States, all the Laws of Congress, as tho constitution ot the U. .States', bocSine the governing rule of men's con duct, and the rights of men, became they are the laws of the laud. The laws of Congress are to be the supreme law of the land as well as the con stitution. Sir, this is a course of reasoning tnat cannot be maintained. S'ippose, sir, the Crown cf Great Britain should make a conquest and it has made many who ev er heard it contended that the constitution of Eng land or the supreme power of Parliament, because it is the supremo law of the land, was extended ri ver these colonies until extended by legislation ( Why, sir, the whole history of tlu colonial con quests of England shows exactly the reverse to be ihe case. The right of government, until a civil govern ment is provided bv Parliament, ex'sUi ou'y as a military power, to be enforced by military means, under Executive authority. It is subject lo tlie control of Parliament, and Parliament may make all laws which it deems necessary and proper to be made ; but a colony never falls under the general dominion of the existing English laws until such provisions is made. Well, it is exactly I I the same strain of political events it is exactly upon the basis of the same principle llrat we have adapted the constitutional principle that a territory becom ing tho property of the United States, or coinin to belong to the United States by acquisition or cession, remains, as we have no ju$ coltmia, to be taken possession of in the tirst place by Congress, and then to be governed exactly as Congress may prescribo. Mr. Cauious. I will be very short and I trust decisive, in my reply. The Senator's first objec tion is, as 1 understand it, that, I show no authori ty by which the constitution is extended to the ter ritories. Well p;r, 1 ask the Seuat.r if 1 did not inquiro how did Congress gel any power over the lerritories ? Mr. WfiBsTER. By that provision of th con stitution which provides that ' Congress shall have power to dispose of and make all needful rules aud regulations respecting the territory or other propeny belong'ng to the Uniied States." Sir. Caluoux. Then to that exient at least the Senator admits that the constitution extends to the territories, in direct contradiction to the assertion that it dues not extend to them. Mr. Webster. Tu bj aureittloes; the pow er lo make laws. Mr. (.'AUiotri. The S'-nator says, in m iking Uws..' 1 uuswer uol lawiu refereuce to the gov- explanation Irotn tlie aenaior. Sir. Webster. 1 will detain the -Senate but a single moment, sir. : The great question is this tlie precise question is this : Whether a territory, wncn II remains iu iniim mu.-, i"... . . .,;i,. : the United States ? I in.unt.iin that it is not ; and set the gentleman right in one particular, vi there is not a stronger proof ol what has been the idea of government in that respect than that to which 1 alluded, and which has drawn the honor able Senator's attention. Now, let us see how that Btajlds. The judieijtpowor of the United States is declined by the constitution to be" vested in one Supreuie Court, and in such Ulterior courts as Congress shall, from time tu time, ordain and es tablish." The whale judicial power ol thu United States, therefore, is iu those courts; and the con stitution declares that " all judges of thesj courts shall hold their office during good behavior." Well, then, the gentleman must admit that the legislation of Congress heretofore has not been al together in error; th.it those territorial courts do not constitute a pirt of the judicial power of the United Stales as they certainly do not ; because tie whole judicial power of the United Slates has to be vested in one Supreme Court, anl in such inferior courts as Congress shall establish, and the judges of ull those courts are to have a life tenure in their offices ; and wa do not give such life ten ure, and never did, to the judges of any territorial courts. That has cone upou tlie presumption and trim idea, as I snsuose, that the Territories are not within any part of the United States, but are sub ject to their legislation. But where did they get this power ? Why, I have stated that the consti tution says it may nuke all uoedful rules and reg ulations respecting territories -and it is on that clause, and that clause only, that the legislation of Congress respecting Territories has been conduc ted ; and it is apparent, from all our history, that , ...... :.. u.l rn.T...ii,..;.limii. no Other provision WiWimouuiai ioi iniiuiii(vi- ernments. inasmuch as it is highly probable I think certain that no acquisition of foreign ter ritory was ever contemplated. a ..a ..mm then- U another remarkable instance. The honorable gentleman, Slid his friends who act MR. STANLY S SPEECH, Upon the Mutery Rranluliom, jessed ly the last : General Asuembly. Elizabeth Citv, Fob. 23, 1849. ; Through the kindness of a friend, my attention was call-d, a few days ago, to a Speech delivered in the House of Commons, by tho Hon. Edward Stanly. The tone aud character of this Sierch, surprised me very much ; for whilst it prolesses to discuss the slavery Resolutions, it was evidently intended solely as an attack upon mo, for having voted against Sir. Badger, for Snitor. Iliad heard, previously to my leaving Raleigh, lhat the Honorable gentloman, .in the fury of his zeal for Mr. Badger, had delivered one of his characteristic speeches, in which I had not been spared ; but I folt so little interest in the matter, that I would most pr -bibly have remained in ignorance of the i harm done me, if my attention had not been acci dentally called to the published Speech. Nor would I now notice the subject, if it were not to z : my vole for Sir. Rayner in preference to Mr. Badger. At tho time of my vote for Mr. Rayner for Senator, I was ignorant '' that he entertained the same o pinions as those of Sir. Badger, UKn the Compro mise bill," which this published speech alleges to be the fact. I had been informed previously to the Senatorial election, that Mr. Rayner, whilst in Congress, had delivered a Speech, in which he took the ground that it was unconstitutional in the Federal Government to abolish Slavery in the dis trict of Columbia, and it was, I think, a very fair inference of mine, that if it w as unconstitutional for Congress to prohibit slavery iu the District of Col umbia, over w'aich it has exclusive jurisdiction, it would likewise be unconstitutional to prohibit sla very in a Territory over which it has a very limited jurisdiction- I mention this circumstance as ex planatory of my vote for Mr. Rayner in preference to Sir. Badger, and to exonerate mysell irom l ie charge of b.-lng influenced by personal hostility to ibe latter gentleman. I eutortain now, and never have entertained any feelings of hostility towards Sir. Badger, and whilst I am under no obligation to prefer him to all otliers, I am nol disposed to de ny him.any thing to which he is fairly and honest ly entitled. Previously to ray leaving home for tho Legisla ture, the opinion entertained in this section of coun try, so far as I heard any opinion expressed, was, that Mr. Badger's vote and speech upou the Com promise Bill, eonstitulcd a great objection to his re-election to the United Stales Senate ; this opin- with him on these subjects, lio.u tua i u power oi , very gpncriiily in Rill(igh M 7: T Whi members ofCongress, not at the south, but very near to his own office, where he is now engaged in writing in the Quaker- : City. . The following we copy from Doctor Fraifc lin's C..pite of Sept. 26, 1754. : 'J'.' .'; yild A likely negro woman, that can wash, iron and cook extraordinary well, and un derstands all sorts of housework, and has had the small pox and measles. She is sold for no fault, but for want of employment her mistress being dead. Enquire at tho new printing office. 'ili lie Soll likely negro woman. She can wash, iron, cook and do housework.. Enquire ut the new printing office. " Suppose wo give a few items to the worthy editor nearer home here in the city of New-York. In 1GT6, the Common Conncil passed a law a gainst ' the revels of Indian and negro slaves at inns' showing that slavery existed among In dians as well as blacks. In IflS.',, it was decreed that not more than four Indian or negro slaves may assemble together, auu ai no time to bear any fire armf. If 'slaves, negroes and Indians' were found out too late at night in noisy gambols, they were to he whipped, and to pay the church-wardens three shillings. In 1761, the caffec-house at the foot of Wall street was the place designated to sell slaves. In no colony of tho Union did slavery more gen erally prerail than in that of New York. Among the advertisements in 17ti0, we find the following: For Sale A parcel of fine young slaves, just imported in the schooner Catharine, from tho coast of Africa, and for sale at Sloat's wharf, by Thos. Randall and I. Alexander. " We may as well stale that we believe Thom as Randall was the Capt. Randall who owned all tho Sailor's Snug Harbor leases, and who made his money in the slave-trade. Conscientiously, nc abolitionist should live in one of the houses built with slave mon 'y ; but not one will remove on thai account, we dare say. "To tlie sympathies of England we owe th abolition agilatiun in this country with what sin cerity, we may gather from the fact that England was the parent and founder of the slave-trade i. this country. In the official instructions to Gov ernor Cornb'iry, he is enj 'ined to encourage tradi and traders, 'particularly to tint Royal Africa: Company of England' and recommending sai. company to take special care that the provinco o New York may have a constant and sitHIcieut sup ply of merdtaittabls n'i" ai moderate rates ; an in mlitiiinn to this protection of the slave-trade, hi lordship is instructed to' tike especial care tha God Almighty be devoutly served, and to grant lit erty of conscience to all persons except papists ! Every political abolitionist in this country i ifc facto a liritish agent, laboring to carry out til great project of that Government In dividing th Unio.i so that the southern republic, not bein manufacturing may take British goods inexchang for their eotlon ; and strange to say,, iMie m,a,nufa turersof New England themselves, aw aeiive i pushing on tliis agaitation, without exactly scoiri the finger that is guiding it, oi the object in viev In addition, England is ewleaveuring, by ever pecuniary encouragement to erect Canada iulo a asylum for runaway skives j and there are at tl moment in Congresa toon, legis! ning to give Ct Uin commercial privileges to Canada, with the i tim-ale hope that she may. he filially annexed to f Union as northern froe states to keep up the pi poudewnce against tlie south, and, finally toe nn n:itt ntich a law for internal improvements iu any of the Stale of the Union, while they all ad mit that the moment we go nut ef a Slate into a Territory, we may make just as many improve ments as we chooso. There is not a gentleman on that side of the elmmber who has not, time and again, voted public money out of Ihe public treas ury for internal improvements out of the Union and in Territories ; but does not that prove, that in the conception of geutlenmun, they are no parts of the Union. , ,. , Sirfhere m no end to the illustrations which y be brought upon this subject ; history is lull I am not disposed to go into a history of the Sena torial election, or to express an opinion of tlie man ner in which tlie result was brought about. The friends of Mr. Badger snccoeded in the contest, and I have no disposition to disturb their self-coin. placency. 1 was not a candidate for tlie station, and positively refused to permit my name to be placed in nomination. Sir. Stanly, in his speech, mistakes epithets Cor arguments, and alludes to me as Mr. Senatorial. I know no reason why I have not as moeh right to aspire to the Senate as other of them: history uniform iu its course. Jl oegan I lJlllSIHll... 11 W. 1- .....-..- .. . ,.;.. ...ni.u lf,in i, Fbriia became a partol the Union and m all U-, twemy year., in r5,.M 1 history uniform in its course. Jl oegan , , ,,.. ,,, ,,. ..tg ror ,.,, lai ..i .!. r , .... -i ii wmir nn Mirer ' - - wiin me case ui iaiui-hui-. ...... - , te a ivorthetn confederacy. England may bell long legrol her interference in the affairs of tl country." New Youk, 'Slarch J, 1819. Tlie Steamer Crescent City arrived here to-d from Cliagfos, She brings no tiuld. At tlie li of her departure there were over one thousand p sengcrs waiting at Panama to cross the Isthm They are charged two dollars per dy ft hoaod The ship Lexington has taken a half million i lars' worth of Gold dust to Valparaiso, to be mel into bars, and seil to tho United States, via l'v int. The stoamer Falcon irvi c'l at Hava iu the 2"th February.
Raleigh Times (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 9, 1849, edition 1
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