Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-10
whicIl they deem dangerous

Fe~ty aces confer such right aipon Missouri.
Al car oh'y do u ov taking from Congress
iiyhis conierr-d by the constitution. Aud
this SAINT treoty, gives 10 territory bought
win aPrice, r.id for "a money, the subject of
merrt nary trdffic greater rights than the oos
StHoi'oh gives 10 thar witch was bought with
the blood OF orr iathersll deny that this
treaty can DO this = j deny that any treaty
can aororaie. or abndge, the powers given by
tile consultation To Congress Aud does not
that treaty attempt TO annul powers of Con-
gress, which prrclrdes Congress from the px-
ercise of powers winch they before might
riehtnliy exercise Surely IN does II Con-
g'ess cannot exercise the same power in re-
fusDg 10 admit Missouri, whicI, il is moi denied
they may exercise towards Maine; why is in ?
IL II oecduse The treaty has taken away that
power. Ana thus nower, given in ilIc most
solemn forir 10y the whole people themselves
~ the constitution to lie exercised for great
an" wise pui poses, is taken away by an act
OF me remote agents of the people whose
every act - subordinate to the constitntiou.-
Congress, under authority of the cons,itution
nave sworn. in admitting a new state into the
union, TO examine how IL will affect The renp-
fai welfare OF I'll. nation If a treaty prevents
iheexercise of that power, aud the rrrinrn,-
ahce OF that duty, the treaty is in conilici with
'"e constitution. Surely none can doubt
Which must Neld.
cannot believe that the treaty-makiuf-
power can pledge the faith of CONGRESS 10 do
an act which they ma> believe rrpuenant to
rue sr,rlt of the constitution, or dangerous to
lhe safety OF the nation Whenever AN act of
Con.feSs Is necessary 10 carry into sfiect any
Supuiatlon OF a treaty affecting the Internal
policy ofthe government, Congress must iuds @
OF ihe expedienry of their own act Cannot
DeIieve that the representatives of the peouIe
"a" Secomt mere instruments to register edicis
OF Tie president aud Senate fhonyh such e,iict,
ne prescribed IN the form of a treaty The
president, VIII the senate IN his train cannot
come INTO Their hall and hold his =" bed of im.-
al
10 make his edict law-if il depend on their
act
1.-THE treaty-makug power can acopire fer
riioTy upon conditions which CONGRESS- cannot
refuse 10 confirm; II may, in effect, by its own
ac's, incorporate into the union inn,mera bic
states. contrary TO the wishes of the whole
people, witlia population sufficiently numerous
anu corrupt to subvert the government. And.
~ the language of the preamble under con-
sheraton, let il not be said this is an extrav
dSdht representation, an odious caricature
OF ne power claimed /; in the eve of sober
reason, II will be found that this absurd con.
sequence is az much within the limit of that
power, as the slightest abridgmeDt of the pow.
erS given ny the constitution to Congress
conclude, then, that no treaty can abridge
'he right which the constitution gives TO Con-
gress TO refuse TO admit any state into the ,In;-
on, when tley think right 10 do So
NOT do believe that Congress does violate
ihe treaty OF the 30th April 1903 by which
Louisiana was acquired, hy refusing. at this
time, to admit Missouri into the union. That
treaty provides that d" the inhabitants of the
ceaeu territory shall be Incorporated into the
union OF the United states and admitted an
soon as possible, according to the prIncinIes
or the federal constitution, to an enioymen, of
all the rights, advantages and immunities of
citizens of the United States" Tie treaty
mus gives no data from which the time of add
mission can be ascertalned but The words as
soon as possible = There is no. power any
where, tosav when il Is possible but i'm Con-
gress; know of no other tribunal TO which
ihe question, whether il is possible, or not
can be referred The words, "as soon as
possible then can only mean the earliest time
at winch Congress think il can be done wisely
ana safely. And the treaty requiring admis-
sion according TO the principles Of the federal
constitution, does expressly recognize the un-
limited discretion of Congress 10 decide at
what time the ceded territory shall he admit
ted: For II has been denied that, by the con-
sttntIou. Congress are authorized TO refuse TO
ADMIT The territories which belonged TO the
government betsre the purchase of Louisiana
so long as ihey believe IL inexpedient to admit
them: And the ceded territory reqniring 10
ne admitted upon the same principles, must be
suD]ect 10 the same decTetion, tried by the
same tests, and bound by the same decison.-
therefore, Vt Congress believe II unwi.e or
unsafe to admit Missouri they have the same
right TO deny admission to her as TO Maine .
aud all the obligation which the treaty could
impose, or does attempt to impose is that so
'"oH az SOHeEeSS DeIeVtS Tie cPbPu territory
can be admitted without danger TO the safety
or welfare OF the nation, il must be admitted
auu, " admissions is then refused the nation
IS guilty of breach of good faith. Before
the people of Missouri can charge Congress
with breach of good faith. they mnst shew
that IL IS possible to admit them, knowing the
consequence to be the extension Of slavery.
Wthouf detriment to- the welfare of the nation
Congress have thought this fact cannot he
me"n. Inc whole question of the right of
N In I'D. AZ.
treaty, depends upon the question whether
me FARTHER extension of slavery is unwise OF
unsafe. Congress think il unwise and unsafe
L think the opinion of Congress right But rs
no argument has been offered here, to contro-
vert u, VIII abstain from discussing In insist
ing, however, il that opinion of Congress- he
correct, mat they have a right, hy the consti-
luton, to refuse 10 admit Missouri that ths
treaty does not contravene that right; and il
II dIu, 1t would be liz fragrant violation OF the
constitution, and not binding upon Congress
elmer IN law, on III good faith.
Butit is very confidently asserted in tbi.
amendment, " That il never can be believed.
That an alton offree AZ independents states
formed tor the purposes of general defence. OF
establishing justice, q Ofsecuring the blessings
VI hoer'yto ihemseive' a their pOsterity. ever
contemplated the acquisition Of Territory. for
the purpose of establishing a. perpeinatny for
ohers, that colonial bondage against which
they themselves had so lately revolted." Aud 7.
az cOhnuently assert, that IL never can be
believed, that enlightened statesmen ever
contemplated the promotion of nmrnoses nj
general defence, by the cquisition of territory,
ana hiilng II with most dangerous and impla-
cable, intestine foe or, that viriuOns phiioso-
piers, ever contemplated establishing Justice
by deprivng large portion of the people oi
every right which the God ofnature gave Them
or that philantIrOpic republicans, ever con-
te"plated securing The blessings Of liberty 10
themselves aud their POSIeriiy, by making theiI
FELLOW men aud their poslerity, the most abject
of slaves.
Look TO the time When. and circumstance
under which tie constitution was formed
aud say, could it have been contemplated, egel
to extend the system of slavery beyond those
limits, TO which uncomfortable necessity had