Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-05

sN'. iNuuS ol tbNsS aSsS Woulu aDtugc
the sovereignty of the stale. admitted
inio The UaIon, Otherwise than the so,r-
reigniy OF every o,irr state is ar NAV be
abridged 10y tae provisions OF the con
s,Itu,on :-because the powers exercised
are constitutional ;,owcrs, Which may be
exercised IN relation 10 every stale IN The
Union.
Congress, TOO, u the applications for adj
mi >siuu into the Uniou had no rielii
whatever To demaiit n. as would lac The
case "i an independent state making
suEh application, might provide for the
aualiSSion oi such stale. upon the per
iofmduce OF precedent conditions, not
lmpalring lis sovereigmiy-bccaus that
would he nothing more nor less than Wait.
ing I'LL the conditions had been voiun,a
rly performed by the state, and then adj
uniting II Without coudlion.
These, and such as these, are all the
powers that Congress Can exercise, IN
describing the terms of admission. =.
bui II II Is yet commended that they can
do more. HAT they can take from HE new
Stale sovereign nights whicl, The old STATES
possess, and OF which Congress Cannot
d'prve them, let the subject be more mi
nuieiy examined.
This right is asserted, as an implica-
lliled night 10 admit, il is said, gives The
right 10 prescribe the ierms-and the ar
gumen' seems to leave these terms hol
ly at The discretion Of Congress. Can
this be correct Congress may admit
neW states into tie Onion. Let Us see wiIaI
neW states are, What is admission into the
Union-and then what this discretion is,
that Is commended for.
III VIII not he very difficult TO prove
That The mew stotes, TO be admitted iute
IN, Union, were intended 10 br like tn.
otdstoteS that formed it, societies of free
men, governing themselves, no, associa-
tons governed by princes al home, or
by rulers abroad, neither kingdoms nor
colonies nor northumberland they were 10
have the same rights of seli-government
with the old states, and 10 enjoy with
them, under the constitution, perfect
equality of rlgnts.
Inc wise trainers Of The constitution,
with the Lights of history, anu their own
experience 10 guide them having i'll view
the harmony of tie system, lis strength
ahd pcrmanpDcy, couii NOT have been IN
sensible To The necessity OF making Ms con
siiiuent paris as nearly alike as possible
AS perfection Is unaiialnabr III all human
Affairs, so II WAS impossible TO attain
street.-The states could not be made equal
III condition, they could not be made a.
IKE IN thelrfrelings, ihelr opinions, their
iaDiis-'bey couid not be prot, ctrd from
somt inequalities In The operations OF The
VeTnment, anu IN the effect OF HE prime
PIES, Oh which the equality OF rights itsel.
Was founded. But all thai was practical
Die was attained perfect equality OF
tights, VAS established among all The
'hembers OF the cont ederacy each was
subjected 10 taxation, and admitted 10
share IN the councils OF the nation, by
the same rule--cach was enntlen 10 the
same protection, aud bouud to furnish
military aid, upon the same principle
each surrendered and each retained, an
equal portion OF It's sovereigniy-ilierc
was no right, stale or federal, belonging
10 one, which was not also possessed
by every other-and there was 10 be gua-
ranteed TO all a republican form of gov
eminent.
That all these provisions were intended
Tor The meU, as we'll as the od, states, is
mauiiesl,- well from The reason which
prescribed them for the old, as from the
provisions OF the constitution itself.
When the constitution was formed.
there were no parties 10 it; il was left
wholly Tor subsequent adoption. Both ole
and new states, however, were conlem-
plated as the future parties. and no other
difference Is made III The terms OF their
admission, than that the old states might
adopt u or not, al pleasure while the
new states could not be admitted, without
the assent OF Congress. But when they
become parties, no difference IN rights, or
III government, is made between the old
ana new states and none authorized, by
express provision, or by fair inference.
Every provision IN the constitution regu-
lailDg The rights or duties OF the parties
Ia 1t, Is applicable as well 10 the new, as
10 the Old states, with one exception only: |
aud that exception lrresistibly Establishes |
The general rule. The exception is found |
III that clause Of the constitution which |
prescrIbcs that, " Tie migration or im~
portaiIon OF such persons as any OF the |
States HoU eTiSting, shall think proper |
" TO adult, shall moi be prohibited by |
the Congress, prior TO the year 1903" Il |
these words, "noW ertstlmg," bad been |
omitted from this clause, no one can
doubt, but that, in the opinion OF the |
authors OF The constitution, the restraint |
upon the power here imposed, would |
have extended to new as well as old !
States.
La the 10th amendment 10 The consiitu- |
ton, which, WAS intended 10 express what |
wa- fairly implied III The constitution itself, |
bu, what was deemed of too vital Import |
ance 10 De left 10 implication, II is pro
vlded, that "Thc powers not delegated |
" TO the United States, by The consiiiu
" ton, nor prohibited bN it, TO the states,
are reserved 10 the states respectively, |
or 10 The people"
Does not this amendment apply to the
neto as we'll as ihe old states II is part |
OF the constitution, saving the same force |