Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-06-24

;nv.., congress with the power to admit
into che union, states created in terrific
IRE mot included qvithis the limits Of fhe
Uuited States as they existed at the
,.ace Of 1888 and at the formation and
aAontipn of the constitution. Your com.
oi.tes are thus particular in stating with
nrccision. the constitutional ground
which they maintain, because the Coo
trine here asserted, has been confounded,
sometimes artful,y, sometimes neglI-
gently, with the questions which have
arisen concerning the admission OF Ken
lucky, Vermont end Ohio or which
NAV a,ise ION the admission OF new
states. to be created in the Michigan, In
diana or Illinois territories. With none
Of which has the question, now under
consideration any affinity. These last
mentioned states and territories all lie
ui.hin the old limits Of The United States,
as settled by the treaty OF peace, and as
existing at the time OF the formation Z
adoption of the federal constitution
Now the state of Louisiana lies suHAout
those limits and on this distinction the
whole question Of constitutional right
depends. The power assumed by con
eress, in passing this act for the admls.
sion of Louisiana, if acqulasced Ia, is
plainly power to admit new states into
the union at their discretion, without IL
nit of place or country. Not only new
states may be sarv&d at will, out OF the
boundless regions of Louisiana; bot the
whole extent Of South America, indeed,
of the globe, is sphere, within which
it may operate without check or control,
aud with no other limit than such as con
eress Nay choose to impose On lis own
discretion.
Your committee have in vain hooked
: for any clause in the constitution OF the
United States, granting such power.
In the first place, the parties associating
are declared 10 be " the PEOPLE q the
United Sfates;" and the objects OF the
association are stated to be, SO form
more herfect union, establish justice, in
sure domestic tranquility, provide for
the common defence, Promote tie general
qyeifare, and secure the blessings of Ii.
berth to OURSELVES and orr hosterity -
Your committee deem themselves au-
thorized to assert, without fear Of con-
tradiction, that by the terms "the people
iofthe United StateS'-" 0urseiUes and
cur tos;eity," were intended the peo-
pie inhabning, and who should iIitablt
the states AID territories lying within
the limits Of the United States. as they
were established by the treaty OF 1888 ;
and as they existed at the time OF the
formation and adoption of the federal
constitution and that none OF the terms
Of the constitution indicate The idea that
foreign states or kingdoms, or new states,
created in their territories. could be
ad1N;ttcd into participation OF Its prl-
viieges.
deed it is not pretended, as your
committee understand, by the advocates
Of this uaurpation, that it has any ccior
Of Justification, III the terms oil the con-
s,itution, unless it be in the third section
OF it's four tn article. The tenor OF which
is as follows -
Sect. 8. New states may be admit
ted by the congress into this union; but
no new state shall be formed or erected
within the Jurisdiction of any other state;
or any state be formed by the junction
Of two, or more states, or part OF states,
without the consen! of the legislatures
of the states concerned as well az of the
, congress
The congress shall have power to
dispose Of, and make all needful rules
and regulations respecting the territory
or other property, belonging to theU-
nitcd States, and nothing, in this coDstl.
tuition, shall BIZ SO construed as to pre-.
judice any claims of the United States,
or of any particular state"
Upon this section, your commlltee
observe, that, withou: reference to the
known condition of the Uritcd States,
and the history of the times when the
constitution was adopted; if the terms
Of this section be alone considered and
examined by those rigid and approved
rules of construction, recognized on 81
milar occasions and relative to other IN
strumens, the terms do not authorize
the poEer which has been assumed, but
on the contrary, do strongly and almost
necessarily imply that no power was
granted to admit states, created in ter.
ritories, without the limits of the old Z.
States.
The section contains the grant of an
authority and expresses certain limita-
tions to that grant The frst clause OF
the section "New states may be admit.
ted by the congress into this union" is
indeed, very broad and comprehensive;
and had there been no objects, thin
the old boundaries of the United States,
sufficient to exhaust the whole force of
the terms, some doubt might result up
u