The Arkansas advocate., 1835-08-14

Indians, now inhabitiag part of Louisiana, l Ii they were 10 iorU a Consultation and State Government under this treaty, as "inhabitantso oi Louisiana, and clam ad- mission info the Union as 2 State
 The next stipulation is. that the .sinhahi- tantsR of the ceded territory shall be 0ad- mitted as soon as possible, according to the principles of inc federal constitution, to tho enjoyment of all the rights. advantages and lnmanities of citizens of the United Stales." How was this stipulation com piled with? By admitting the French ciii- zens residing in Louisiana, as soon as tho constitution and laws of the United States would ailow of, to the rights of citizenship, by naturalization. Our negotiators knew that no foreigner could be naturaIzed, un- 1 tli he had resided certain number of years within the limits of the United States; and that therefore, the ssinhabiiants'' of Louisi- ana could not become citizens of the Uni ted States, according to the principles of the federal constitution and the laws of the land, until they had compiled with the terms prescribed by law. Ii was accord ingy agreed that the right of citizenship should be granted to them as speedily as possible. Of the ancient inhabitants of Louisiana, now living, there can be none who have not been, long since, admitted" to citizenship, and to ..the enjoyment of all the rights, advantages and imMunities of citizens of the United States"
 But let Il be supposed that I am mista- ken in this view of the third article of the French treaty, and that is spirit and nten- l ton If not it's werds1 were to provide fer the admission of Louisiana, as lsfa5e, into l the Union. Those who give this article tbis construction, contend that t gives pow CT to this Territory to form Constitution and State Government, because Congress have been in the habit of granting this pow CT to other Territories whose population equalled, or was even less than the ratio of federal representation. It Is difficult to perceive how this power can be .contended for, even under tlliiis view of tie question. he treaty simply says, "the inhabitants shall be incorporated in the Union Of ihe 1 United Safes" and refers oaIg 10 the fede- ral constitution, aud not to the action of l Congress, and TIC one will contend that the constitution grants to Territory the power 10 form constitution and erect itself into a State. Inc constitution only provides that a'ter the Congress organizes t, by au- l thonzIng I 10 form constitution and State l Government, they .alag" then admit 1t into ] the Union as member. But, as the consti- tuition provides, also, that all the States must 1 be republican, and must not be vested with any oflhe powers delegated to the U. States, 1 Congress cannot admit q State whose con stitUtioa does not conform to these prohib. i tions of the federal constitution.
 Ii the federal constitution stipulated any condition, upon compliance with which a Territory would be entitled to admission in- to the Union, a compliance with the cond- ton would give right. But, as t does not fix any period, or amount of population, or specify any contingency upon the happen ing of which such right shall accrue, but i leaves the whole business entirely to the l discretion of Congress, il seems that noth. ing can be obtained from the constitution to give the right contended for. The right of representation according to the federal ra-
 tio, is entirely confined in its application to the citizens of States. They alone possess a right, under this provision of the const- tuton. IL vests no right whatever in citi- zens of Territories Nc amount of popa-
 latoa gives them any right under the con stitatt0h. Its words arc, 'tNew Sfates may
 be admitted by the Congress into this Un-
 ion," and however unjust 1t would be, still l Congress has tbe poaees to prevent a Terri
 tory (Hnless she obtain it by force or usur-
 padons1 from erecting State Government,
 and thus exclude her from the Union. Ex- pediency and a sense of justice alone, can control the action of Congress. This sense of justice has been heretofore their guide, and whenever tue population of a
 Territory has been equal, or nearly equal to the ratio fixed for federal representation,
 they have granted to the Territories the power necessary 10 their admission as
 Sides This, however, is not done ac- cordlng 10 any requirement in the constitu- ton, but according to that just spirit which
 will always characterize the action of q free and liberal republican government.
 How, then, can 1t be contended that the treaty, even according to this view of 1t, fixes a rule which Congress Is bound 10 obey, and establishes q right in favor of the citizens of this Territory, when the consti- tution itself leaves the power 10 admit new States entirely to the sense of justice and expediency of the Congress? If the con- stitution had saids that luhenepef c Territo- ay contains population equal t5 Ae ratio .fred for federal representation, ste shall be
 entitled fo admission a8 c .State into the Ua-