Raleigh Times (Raleigh, N.C.) /
March 9, 1849, edition 1 /
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INTERESTING DEBATE IX THE. UNITED
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.
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,"
...... 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
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
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
' .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 , , ,
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-
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
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
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
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
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
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
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
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
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.)
groups preceding, succeeding, and alternate titles together.
March 9, 1849, edition 1
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