Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1820-12-19

otftutluH Anu sldtc government, aisnOugn
no resolution had passed declaring her
. admission into the Union, 1t became ne
cessary to pass law TO extend over her
territory the jurisdiction Of the courts Of
i The UDited States, and the preamble TO
that law recites that the people did, on a
/ certain day, form a constitution and Stale
government. and give name, Whereby
The said state has become ono of the United
4 lStates-that is, By the act OF forming a
constitution. And such, Mr.. Il. said, was
the principle on which the United States
had always acted. Bat, he said, the
preamble was interesting, not only because
j. confirmed his argument in the main. but
/ also marked the time and circumstance
/ which. in the opinion Of Congress at that
time, made p people state, viz. the day
on which constitution is formed, and the
act Of forming il.
The proof afforded by other precedents,
however. that people became slate on
forming aconstitution under the authority
OF Congress. was still less equivocal than
that which had been cited. In every in
4
attempt at resistance, whenever such a
constitution has been formed By terrific
~, they bave not only been considered a
state, but the elections which they have
made under their constitution have been
held to he good. II, by the act Of forming
a constitution, they have not become in
dependent states, how has il happened
| that, without single exception they have
elected their own governors, judges, &c.
and their acts have been constitutional
and valid !! Can it be said of all these
cases. that Congress, knowing these ter
ritorial people had usurped the powers Of
states, would have silently submitted 10
it? Their having done so wasthe strong
est proof that every one of these states
Ihad, in the opinion Of Congress, Of the
state governments, and of the people, the
powers which they exercised.
Mr. L. said he knew there were persons
who believed that the people OF Missouri
territory do not become state, until, By
an act posterior TO the formation Of their
constitution, Congress declares their ad.
mission. Mr.. l.. said be could mol admit
this. II was disproved BY the uniform
language of precedents. The acquires
cence Of Congress in their elections OF
Senators and Representatives TO Congress
disproved it. These elections, held pre-
vieas 10 the submission Of their coHsfitEIs
lions to Congress, had uniformly been held
valid. Who are Senators9 They are
deputed by the states composing the Un-
ion TO represent them in Congress. If
States ouiy can vote for Senators, tie
uniform practice of recognizing all such
elections as Are subsequent TO the adoption
of constitution, is conclusive enough
that they who chose them were already in
the condition of states. In The case OF
Kentucky, indeed, without any .deciarato-
ry resolution, without any thing like
formal acknowledgment of her being
state, but by virtue OF an act declaring,
prospectively, that when she had formed
constitution she should be state, she
was admitted without further legislation.
In the case of Indiana there was a yet
more formal and authoritative exposition
of the principle for which Mr.. l.. con-
tended. In the case of Indiana, the prac-
lice OF declaration Of admission first
occurred, which had been since followed
ia other cases. Properly viewed, that
declaration, Mr.. L. said, was ouly form
OF notification TO the other states-a proc
lamation by Congress TO the Union, of the
admission Of another state into the family.
That such was the light in which it was
viewed on this first occasion on which it
was employed, was eviden. from the fact,
that the resolution OF declaration passed
Oh the | It'll December, 1916, aud the
representative from that state was admit
ted to his seat on the I'd December, nine
days preceding: so that it was evident
that the declaratory resolution was then
regarded as matter Of form aud notifica-
! tian merely. But there was still stronger
proof, 10 the case Of Indiana, of his pc.
sition. Incounting the votes for Presiden,
aud Vice-P President few days after the
above date, those OF Indiana, given before
the passage Of the declaratory resolution,
we're received aud counted If people
may rightfuIly, and even without objec-
ton, elect a Governor, Legislature, and
Judges-may elect aud seud to Congress
Senator's and Representatives and, finally,
NAV vote Cor President and Vice-Presi-
dent--upon what principle viii ii be said
that a people, enjoying and exercising all
those rights, are not state; or that to
constitute them state, requires the fur
Their interposition ofthis House? He could
not ADM. it, he repeated.
These observations, MIR. l.. said, he had
made with view to shew how little
foundation there was Tor an opinion, which
| he had understood was not uncommon,
| that the act Of the last session was merely
a sugoestion to the people Of Missouri.