Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-15

The other branches OF the system heing the
mere pHSSivr engines OF lis VvlIioM II MAY.
IN conjunction with foreign government. tis-
ter iutO u compact, for any, up nlattrr what,
purpose, and Congress Is hound To proceed 20
It's enforcement. The President and Senate
might purchase the Whole 81 Spanish America
and. not satisfied with lhnS they might extend
ihrir grasp tO the other three great divisions of
the globe. and add TO tn" territory ct the u.
States half The SAVAGE miuionS of despoiism
and, Ivy the trcnfteS Of ccSSi0n bind Congress 10
admit into the Union, upon no other terms
than these prescribed IN such treaties, all those
extended acquisitions Swarming with their
base and Heterogeneous rabhlc. The absurd
NY OF such doct'ine is toe papable TO emile
Tito serious reiutntiou. Congress. very pro-
perry, have discretionary authority given her
bY the constitution in the clause last cited, as
to the admission of new states into the union.
II lhF treatN-making power could take away
tins authority, then its grant was iuiie-vas
m''e nu'iity. Wherefore was it conferred, il
II were not designed TO be exercised? But If
Designed 10 he exercised, for what purpose
Surely Tor tl,e genera! WGltaFc of the nation, ms
well as tor the Interests Of tie territory 10
which, II might apply. New states may he
admitted into The union. But IL Congress
think the happiness and safety OF the nation
would be- endangered by admitting u state in
10 the union, she is under 10 obligation, aud
can he placed under no Obligation to cou-
Scnt 10 such admission. Foruo power exists as
long rs the constitution rcmains nnatteI ed,
10 dtv"St her OF the discretion with which. in
relation 10 this subject, she is endued YET,
Congress may say To the inhabitants OF n ter
rttory, we are ready and willing TO receive you
into the contederacS OF the United States, on
condition that you claim not the privilege of
exercising power which we believe would
JeOpardiZC the best interests of the nation. As
soon as YOU accede TO this reasonable condition,
You shall become state. This is as soon as 1t
~ possible for MS to acknowledge Won d. such
tue principles OF the federal constitution re-
quire that the general ,Csifare Of the nation
tnf.
ihat constitution has delegated 10 MS the pow
er OF deciding, what are the terms upon which
You eau he taken into the union, consistent
with it's safety and happiness. In acceding 10
those terms, yOu surrender no power reserved
10 any state which Congress NAV admit into
The uhior-b but act in accordance with a pow
or dele aied TO the United States by the con-
stttuiiou."
" Congress have power 20 dispose of, and make
all needul rules and regulations respecting
The territory belonging 10 the United States"
Hence then Congress has right, if she deem
II necessary for the general tUeiIore of the ma
tinN, TO bind the purchasers of the territorial
lands, 10 abstain from the introduction into
them, OF slaves. For il she has the power TO
dtSPoSe OF The territory, has she not the right 10
prescribe the conditions upou which the ,iispo.
Siiion is made: That power is iull and abSo-
lutte there are no restrictive terms in the
grant con!erIin. II, saying. it shall he eXercis-
ed III inns, or, IN that, way. he graniots of
Im'S authorityiiad confidence in the grantees.
ihey ilad no hesitation in believing that Con-
gress would exercise il with wisdom ana Ian
uahie discretion, keeping Steadfast eve upon
the general tretdre %! the nation Ii could NOT
ne Ioreseen what circumstances might exist n
relation 10 territory afterwards acouirpd =
Hence, that Congress- might meet ali empr-
%eucics affecting II, and be prepared to suit
me disposal of such territory 10 the events of
me Tunes, TINS power was giveu.-But it is ar
gued that aiibOuar Congress has nower to dis
no has
mex 10 :he disposal conditions which will
binn the state into which that territory is form
ed. III
i'his construction, Sir. in nv Indictment in
wolves an absnrdity. II is Tx saving 10 a man
You are Tree TO 20 where non pieaSc, but Won
Shaii 20 no where, except to that single p0int
to which direct YOU. In the common trans
actions OF IRE, When man is said 90 have
power 20 dispose of a piece of property. with
ON any express limitation heinz af6vad ia tI,a.
power II - understood that lie is al iiberty In
make ihP disposal in such manner rs IN mir,
appears most advisable, ~ 0st conducive 10 the
emu III NitW-dnu the party to whom il Is
transferred has no rieht TO conoIain nf tho
terms, lnasmuch as the former had anthoritv
10 prescribe them, and the latter was not bonnd
TO tafe the property / do not contend that IL
m'sh' not be liJudicions in the former 10 i'm
pose conditions glariuyly and most unreasnn
@hlN severe; bat this a man Of prudence and
wisdom would avoid. Congress il was doub;
less, believed would ALWAYS be comDospd of
gree, TO enable and incline them to exercise
tie powers III question for the general inter
ests OF the country. That thew pos,ess this
.0Wci, nave no more doubt, than have that
the proprietor Ot Il farm has a right 10 saw i'm
the deCd ~ which lie transfers IL that "A mar
tlcnar stream of water shall not be diverted
from MS channel; or that il shall not he con-
veNcd III specified direction so as TO au1oy
ana incommode particular neighbouriopd
Ana 1t the people Of Missouri agree 10 ,eco,e
alnember of tile Union under constitutio,,
recognizing tile proposed restriction. whether
II DC contained in the deeds TRANSFERRING The
sou, or ~ the law of COngrei - admitting Ih,rn
INTO tie Union; they will ne as STRONGLY bound
TOTS observance as the purchaser of fhe farm,
would be bound by the conditions In tue deed
OF conveyance after his having COMPLIED with
the legal tormaitiPs .-The restriction ,yonid
be prescribed bS Congress- white the tarritnrv
IS ~ her hands, al her disposal, subject TO all
rules and regulations which she NAV deem
HeeVW 10 lay II uuder for its present welfare
ana for the present and future welfare OF fh,
naton.-Let me not be understood 10 mean
that the discretion which thus ascribe IN
Congress. could righttulIy extend TO am inter
terence With that clause of the constitution
whica say, that the y States shalt guarantee
to every state ~ the UnioA a republican form
OF Government" That discretion likeieverv
species OF authority exstug In fite Jnitej
States, Is bounded by She limits of The consti
tuIion. But an authority so Cyerturn all the
law. OF justice and ActUe, Is not one of tie in
E''N'e'tS j" t"e 'omposi ton OF republican
FORM OF government 10 can be republican
without Its Tanners having power 10 il't rnduce
INTO u provision, hy whuh the mort n,erci-
less hd degrading dcsDo;jsm stall be tolerated
-withoul their being privileged 20 say. This
Chatter Of repU5Ncmism cOnfers upon one nor.
no" OF human beings the power Of holding i'm
state OF absolute StucgTy another portion OF
human DeIucs wro are guilileSs Of crime, and
e1"oiY FIRE bg Hat'Ue with tie former" Tie
rights rcscrved % tie states by the c0ustiin.
ton do nos lnpart 20 ANY state tie power 10
torm such constitutions as will, 10 its effects.
destroy lie liberties, The happiness and The
very existence of the naliOu. 'Ehs wonld have
been planting in is owe body, ihc serds of is
o"n destruction. That such constituencies
would result from tie farther diffusion Of