Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1820-12-05
CONGRESS.
In Senate,


CONGRESS.
In Senate, Nou. 20.
Mr.. Smith, from the committee to which
was referred the constitution OF the staff
jof Missouri, made the following report
The committee to which was referred
the constitution of the state Of Missouri,
! Report That they have had the SAINT
under conside ration, and, by reference t'
he law of Congress. passed OF the Oh
day Of March, one thousand eight hundred
and twenty, entitled g An act To author.
re the people of the Missouri Territory
10 form constitution and state govern
tment, and Tor the admission Of such state
into the Union on an equal footing with
1.-The original states, and TO prohibit slavery
/ in certain territories, the committee fiud
that the conditions prescribed in the said
act have been complied With, aud that the
said constitution is Republican.
The committee respectfully recommend
the adoption Of the following resolution :
| Resolved, By The Senate aud House Of
Representatives Of the United States Of
4meryca in Congress assembled. That the
state of Missouri shall be. and is hereby
declared, one Of the United States of A.
merica. and is admitted into the Union on
an equal footine with the original states, in
all respects whatever.
The Report and resolution were read,
and the latter passed to second reading.
House Of Representatives, Nov. %.
| Mr. Lowndes from the select committee
to whom was referred the constitution
formed for their government by the people
Of the state Of Missouri, delivered in the
following report:
/ The Committee TO whom has been re-
ferred the constitution of The state of Mis-
souri, respectfully report -
| That they have not supposed them
selves bound to inquire whether the pro
visions of the CONSTITUTIONS referred TO them
be wise or liberal. The grave and diff
cult question asto the restraints which
should be imposed upon the power o.
Missouri, to form constitution for itself
was decided by the act Of the last session
and the committee have had only to ex
anime whether the provisions Of that act
have been complied with. In the opinion
Of the committee they have been. The
propositions, too, which we're offered in
the same act to the free acceptance or re
lection Of the people Of Missouri, have all
been accepted by them. But thee re-
mains question too important TO be o.
serlooked
We know that cases must often arise IN
| which there may be doubt whether the
laws or constitution ola state do not trans
cend The line sometimes the oscure line,
which separates the powers OF the differ
eut governments Of our complex system
1t appears 10 the committee, that, in gen
rrsl, il must be unwise 10 Congress to anti.
cipate Judicial decision by the exposition
of an eqliyocai phrase, and that it would
be yet more Objectionable, by deciding on
the powers Of state just emerged from
territorial dependence, thai it would give
the weight Of its authority to an opinion
which might condemn the laws and con-
situations Of old, as well as sovereign
states. The committee are not unaware
that part Of the twenty-sixlh section OF
The third article OF the constitution Of Ms
souri,, by which the legislature of tht
state has been directed to pass laws +" to
/ prevent free negroes and mulattoes from
coming to, and settling in, the state" has
been construed to apply to such OF that
| class as are citizens Of the United States.
and that their exclusion has been deemed
fepngnant to the federal constitution.
The words which are objected to are to
be found in the laws OF at least one Of the
middle states, (Delaware,) and careful
examination Of The clause might perhaps
connienance the option that il applies e
the large class OF free negroes and mnlat-
: toes win cannot be considered as the cit
: izens Of any state. But Of all the articles
| in our constitution, there is probably moi
one more difficult to construe well thar
that which gives TO the citizens OF eacl
state the privileges and immunities of citi.
zens Of the several states; there is moi one
an attention TO whose spirit Is more neces-
sary 10 the convenient and beneficial con.
neyion OF the states ; nor one Of which
I too large construction would more com.
, pletely break down their defensive power
and lead NOR, directly TO heir consoli
! da,ion. This much indeed, seems to BE-
settled by the established constitutions o.
states in every section Of our Union tina
e a state has a right to discriminate between