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

- 80, AZ SHousu iUDCsu W TIC tuluiCoioeS
question presented by The argument Of the
gentleman from South Carolina
The single question was, whether il is
the right aud duty Of Congress, before
} admitting state into the union TO see
that its constitution and state government
! be not repugnant othe constitution of The
} United States. lie should have hoped,
J he said, and he yethcped, that the opin.
ION wonld be nearly unanimous ia this
} body, that there might be such repug-
nancy between such state constitution
aud the constitution Of the United States
as would not only justify Congress in in
: teriering, but make ii their imperious duty
TO interfere, 10 PTsvesi; her taking rank III
the union. Whether that was the case
10 the present instance, was, he said, a
different question.
| The preliminary enquiry was that
which be had just stated. 1t had been
| said that Missouri was already an indie
lpendent state; that she has formed state
government under an unlimited authority
from Congress and that she has now the
same rights as the proudest and oldest
states in the union. II ii be SO, said Mr..
5. what are We now celebrating about !?
i Why is it, that the resolution now under
consideration, is proposed for our adop-
Ition Why are this and The other house
called upon to pass legislative act which
is altogether unnecessary, and which has
clauses. 10 il, if this construction be true,
which are extremely Objectionable II
this construction be correct, her Senators
and Representatives have right to their
seats on the floor Of either house-to uuiieI
10 the common counsels on the affairs Of
tie union, and TO give to the votes Of
Missouri the same force as those of any
other state. Why are they, then, said
Mr. S. kept waiting at our doors, and mol
admitted TO partake Of our deliberations
Why DC they wait until the fate oil this
resolution be known?
II was said that this resolution was
nothing but adeclaration Of fact. Such
a notification was not necessary, for The
Senators and Representatives, of Missouri 4
it was not necessary for Congress, if, the
fact being known, The former had nothing
to do, to entitle them to seat, but TO adj |
vance to the chair Of either House andi
take the oath 10 support The Constitution
Of the United States. Why was il, more
over, that the Constitution Of Missouri
had been submitted 10 committee Of this /
House Why had report been made By
that committee, and why was this house
now discussing it And why was it, that
that report went into an examinations Of q
particular clause of that Constitution, and
pointed out the mode by which Congress
we're to relieve themselves from the task
LOT deciding on its coustitntionality, by
leaving it to the judiciary? If the gen.
Iperfluous. 1t is more, said Mr.. S.--for
the resolution declares that Missouri shall
be and hereby is declared to be one Of the
U. States, &C. He did not use this ref.
erence, he said for the mere effect OF YER
bal criticism, but for a higher purpose.
when committee, composed as that
committee was, finds itself uuder the ne
cessity of presenting a resolution, TO be
adopted by joint vote of both houses,
declaring that Missouri is thereby, not
that she has been admitted into the Union,
was it not as strong evidence as could be
furnished, that there was something which
seemed to compel those who acted on it to
say, that this declaration of the fact is the
virtual legislation which brings Missouri
into the Union-which qualities her for
induction TO the Union, and that anterior
to it she was not state, and not entitled
TO be From what period, Mr.. S. asked,
was it, that Missouri was admitted intol
the Union IT would be from The moment
Of the adoption of this resolution. Could
it be said of any antecedent period p
Here, Mr.. S. said he would avail himselfl
Of another concession Of the gentlemauI
from South Carolina; and in taking TO his
aid concession Of his, Mr.. S. said he
did it with the full impression that it was
| the result Of the conviction OF his own
mind. and with the benefit, therefore, of
the conviction Of such mind as his.
| That gentleman had admitted that Com
gress might, if they thought proper, in
troduce a qualification of their assent TO
the admission of Missouri into the Union,
1 which shall serve to show its dissent to
1 particular clause Of the constitution Of
that state.-n this resolution, then, in-
stead Of being merely formal and declara-
tory, was susceptible Of an amendment by /
which Congress could exclude that inter-
probation Of particular clause the state
constitution which on its face it bears,
would il be said that the state was men,
| Der Of the Union without the adoption Of
Ithat resolve (? If so, where did Congress
derive the authority to legislate on the
Interpretation Of its constitution MT. ;.
further called the attention Of the conl-