Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-12-12

united State, al that moment acquired
rights which il is not competent tor TIE
iegisla,ur: OF .lis country --"hich il is
10, competent. upon ti,e principles WHICH
we bold sacrrd, far ANY Legislature
andcT Heaven tn dives, them al.
= tore lac proceeded further Ia refer
(, i;,epractice Of iormer ,i.Irs. Mr. l.. said
he wosld notice an argument which hr
had heard suggested, whiSh WAS ia so;ne
desree verbal orc. II is said that The
words at The law III regard Ia The admis
sion oil NJ! .souri are prospective; tha, the
Constitution says that Congress may ad'
nil new states Into the Uuiou; HAT no
authority but Congress can admit them
tina, Congress has 10, admitted Missouri
into the Union aui that IT is prccssary
she should nov address Congress and
ub'aia It's consent 10 her coming into The
Union. Ii is true. Mr. l.. said. tina, the
law provides thai Missouri" shall be
afmiited that Is prospeciiyely "a TO
fha date q. Tho law. l, is true, also, that
ueS States can tie admitted Into the u
Mon Only by Congress. But tha, al
mission may be from the time the law
passes, or oa III" performance OF 4 cOnui-
ilNu. whatever that condition may he
There WAS nothing Mr.. l.. argued, in
the law of the last SESSION, to show That
the act OF admission Was not complete
on tue part oil Congress when that law
passed, although il did refer 10 future
time. That this was Just construction
Oi the matter, he sdi,;, was obvious by a
reierrnc" to Former examples. la the
ease q! Kentucky, for example. her aa-
mission into the Union was deferred, by
The act Of Congress au,hor;siuy il, he did
not know how many months, bu, more
than year a!icr the passage OF The act
No'i,ing more MAS necessary, sitter The
passage o! the act for the admission OF
Missouri than "A lapse of time sufficient
Tar The determination OF the people To be
asccrtained, whether they chose 10 form
constitution or nor.
sn' has strongest argument, Mr.. l..
sad he was aware, musl be derived from
The course pursued by Congress in tor
n,er times. He disclameL any par,icu-
lar DEVOTION precedent; bu', in lime
"hcn parties were as firmly marsI,alied
as they we're on this subject at the last
session when tue irue import of the
cunSilin'iGn Mas contested BY nearly equal
parties Oh this toor when biographies
lines we're observable in the division O,
opinion, It was wise, il was becom.
'ng, to lnoh 10 w'lat had beea The prac
tice III former times, when no causes ex
ls'ah so likely 10 disturb aDd !nisiead The
sober judgment. Every man ought 10
exa!niae The records of those DAYS. and
rather lean 10 decision consistel, will,
Jkhrm.
Referring. then, for illustration. 10 the
ease Ut ohio, AFTER she had formed q con.
stHuu"n, 2md s'aie government, aiilrOugi 10
40 rrao'GiiJu had passed declaring her
admission into lie Union, il became tie :
c"ssary IL pass 4 law 10 ex,cnd over her
ier'ilofy the jurisdiction o! the courts Of
NE u. States, and The preamble 10 that
law reciics that lac people did. OIL a
certain DAY, !orr constitution ana!
Stale government, aud give a name ukeyc
~ me sax state las deccNae one OftAe Unit.
'1s States that Is, by Tie act Of forming
constitution. And such. Mr.. l.. said.
was The priuc;pl. Gu which tl,,. United
H'a'es han always acted. Bat, he said,
me preamble was Interesting, not ONLY
because II conilrmed his argument in the
nain, but also marked the time and cir
cnnSfance which, IN the opinion of Cons
.tpss at 'hd' i'ne, made people "A state,
VIZ. III! day on which constitution is
formed, and The ACT of forming il.
HE proof afforded by other prccedcnts,
however, that people became state on
forming constitution under the aulLori.
IS OF Congress, Vas still less euuivoral
~ Instance. aud. as far as he knew. with.
out an a'temp, al resistance, whenever
sucii a constitution has been formed by
territory, they have not only been
considered stale, but The elections
winch they have made under their con.
situiion have been held 80 be good. IT,
Nv ne aci 81 forming Il con st!uiiun. thew
iiave not become independent states
how has il happened thai, without a sin
gle exception, they have elected their
o"n governors, Judges. &c. ard their acts
nave been constitutional and valid ? Can
1t be said OF all these cases. HAT Congress
hho"iag these territorial peoplc had u
siirped ne pdwers OF states, would have
silently submitted 10 ii 2 Their having
doae so was the strongest proof thai eve
~ one oil these stairs had, in ihr opinion
OF Congress, OF The STATE governments,
ana OF lie people, iAc powers which thew
exercised.
M. l.. said he knew there were persons
who believed that The people OF Missouri
Territory do not become a state. mill bv
an aei posiesIoT 10 Tie formation of their
constitution Congress declares their al
MISSION. Mr.. l.. said lie could not AL.
nit lhis.. u was GisprOved by Tie uni
Torn language Of preceHents. The ac.
quiescence VI Congress in their elections
ct Senators aud Representatives fo Con
gress disprove it. These elections, held
previous 10 the submission of their con
sttniions 10 Congress, had uniformly
been held valid. Who are Senators -
Ihey are depuled by the states compos-
ing iie Union 10 represent them IN Com
E'es'. u StateS only eau volg for Sena.
s3fs' tue "iii'oFp practice OF recognizing
an such rieclinns as are subsequent 10
10 a OF. -
si,e enough ilIal they who chose them
were alrrhdv IN liz rnnhilin1, H. n,.,...