Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1820-12-26

1
territory then in possession OF the United
States, and probably had never calculated
on the admission OF states out of territory
beyond the original limits Of the United
States. This high power was given tc
Congress; aud, after The discussion Of last
session, il was needless to say, was given
without limitation. The power is 8. "a
admit new states into the nnion;' it j:
granted In the broadcast aud most compre-
hensiye manner; and, it would seem tc
follow, as the consequence Of this grant
oil general authority, that Congress pos
sessed every power and authority neces-
sary to its fair exercise. Whatever power
was really given TO Congress, il was their
i1tiuiy to exercise, and not 10 turn il over
to any other department, confding in il
10 cure the defect which Congress suffer
ed to pass uncorrected. There was no.
thing in the Constitution Of the United
States which countenanced different
course. II is our right aud our duty, said
Mr.. S. when state offers herself for adj
mission into the union, to see that she can
come into the union under the constitution
oil the United Sietes, and III conformity
with its provisions. For certainly, what
ever were the terms in which the power
was given to the people Of Missouri TO
form constitution, no one could for a
single moment doubt that that power was
never intended TO transcend the constitu.
ton Of the United States, or bring into
the union state whose constitution was
not comfortable 10 that of the United
States. Sach grant would have been
an exercise Of authority BY Congress be-
you'd The constitution it would be az
anomaly impossible TO account for-aD
Inconsistency with The constitution Of the
Uni,ed States which il would be impossi-
BILE for any one 10 reconcile.
II would therefore seem, that when as
incident 10 the power Of admitting states
into the onion. Congress authorized a.
territory TO form constitution and state
government, il must follow that the con-
stiiutioD, so 10 be formed, is TO be conform
able TO the constitution Of the United
States, and that the territory thus author
lied does not in any sense become state
until she has formed such constitution
Our power, said Mr.. S. is TO admit, aud
incidentally 10 authorize the formation of
a constitution, with view to admission
Have Congress the power TO authorize
people to form constitution and state
government sovereign and independent Of
the United States No: the power to
authorize a people to form a constitution
is an implied power subordinate TO the full
power, which never is effectually eyer
cised until the act of admission subse.
quent to the formation Of constitution.
Mr.. S. said he made these remarks in
the caiset, TO meet at once an argument
Of the member from South Carolina, which
was plausible, captivating, aud seemed to
be calculated to smooth the way, and re-
move every difficulty. That argument
was, that the state, from the moment Of
IFS formation of constitution, became an
independent and sovereign state. Where,
said Mr.. S. is your power in the constitu-
ton 10 make such state ? Your power
is TO admit states into the union, and your
power TO authorize the people Of terri-
tory to form constitution is merely sub.
ordinate and subsidiary TO the main power.
Can you admit state by anticipation, as
the gentleman has suggested? You trans
cend your authority if you do so. Mr..
S. ventured to say, that Congress never
had done SO; that they could not do SO;
and, in some sense or other, every men,
Der Of the committee would agree with
him ia this opinion. Could Congress, by
anticipation, bind itself 10 the admission
Of state, (for such was the argument
yesterday pressed upon the committee, SO
as to have no choice but TO accept such
constitution as that state chose TO offer /?
Surely not; but, according TO the argu-
ment advanced by the gentleman from
South Carolina, not only was the present
Congress to be bound by the act Of the
last session, but the present Congress
might, by an act passed now, bind the
next Congress to the admission OF state
| into the union. Was the authority given
lby Congress to people to form a consii-
tuition, a compact with them that they
should be admitted into the union on any
other terms than those prescribed TO them
For one, Mr.. S. said he did not feel
himself bound by giving the authority to
, people to form constitution, to admit
, them into the union, unless their consiitu-
, ton should be such as the people OF the
United States, through their representa-
) tives, thought fit to accept as the tunda'
1 mental rule of government Of the state
thus to be admitted.
RI MIR. S. then proceeded to say that ne
| did not mean now 10 enter into the question
+ of the last session: it had been discussed
+ enoush. He did not mean to abandon me
:a:o, ,vh;ch he had then formed and