Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-05-03

with which other provision of that instrument coE
diets IN the slightest degree Blu, il, with no othef
gu d,s than our own discretion assume Limitations
upon power So general We are nj least bouho " give
10 them GONE Ineligible aud definite character he
most nat,-1l, and indeed the only OF that nature
wh'ch has been suggested, ard which was presented
ny Mr. Jefferson whilst he entertained doubts IN res
Pect to the constitutional power admit LOUISIANA, Is,
that the States 10 be admitted must be formed out
OF territory, not iorsicn, but winch constituted part
of the u States al the Declaration of Independence
or the adoption of the Constitution So far from there
beng any thing in the language OF the Constitution, or
TO be found IN the exaneous and cotemporaneous CIT
cumsances which preceded and attended lis adoption
| 10 show that such The Intentions Of lis trainers
they are, III Jud gmen all strongly TIE other way
In The first place, the Articles of Confederation, IN
der winch the Union originally formed, and
winch gave place To the present Constitution, look
ed directly to the broader extension Of the Coniefera
cy. IL contained provision, that Canada, occeding
TO the Confederation, and joining in the measures Oh
the United States, shall be admitted into and entl-
tied to oil the advantages Of this Union but 80 OTHER
COLONY shall be admitted into the same unless such
admission he 4 agreed to by nine States III prac-
,icablty, we'll expediency, of making Canada
member of the Union did certainly TO extent i,
lsnst, occupy the minds OF our public men, well be
fore The close Of the revolution between that event
and the formation of the new Constitution. This is
however only link in the chain oil evidence make
probable what subsequent events make certain, thai
the trainers Of the Constitution had their eyes upon this
very question, when This section finally settled
hat part OF the Constitution, appears by the journal
Of the proceedings Of the Convention, presented
in variety Of forms before 1t assumed the shape in
which II finally adopted
In the resolutions offered by Mir Edmund Randolph
as basis for The Constitution, and which con.
tanned The first propositions of that character which
were submitted to 1t, the power in question was do
scr'hed as follows viz: THAT provision ought 10 be
made for the admss on of States ialrful{y arising
.f fLs
from voluntary junction OF government or other
wise, with the consent Of number OF voices in the
Legislature, less than the whole" In Mr.. Charles
Pinckneys dfat, II was proposed that the Iegisla
ture shall have power 10 admit States into the
Union on the same terms with the original States
provided twothlrds of the members present in botl
Houses agree'leaving the clause in respect IL
the character OF the territory. MIR. Randolphs pro
position, containing the restriction conining The pow
er to States lawfully arising aciMn The limits If Mt
bntt,d States, was at time adopted in Committee
oil The Whole and, ~ that state referred with others
TO the Committee Of detail. In draft of Cons
tniion, reported by that committee, the article upon
tins subject contained the following propositions: ls
That new States, lawfully constituted or established
trin The limits Of the United States might be admitted
by the Legislature IN this Government Cd That 10
such admission the consent Of two-th;rds OF the
hers present IN each House should be necessary. Sd
That if new Siete should arise within the limits oil
any OF the present States The consent of the Legislature
oi StatPS SHOULD he It's
1th That II the admission was consented 10, the new
States should be admitted the same terms with the
original States; and 5th That the Legislature might
make conditions with the new States concerning the
public debt then subssting. The Cd, 4th and 5lh
clauses stricken out by the votes of the
ton: and after that had been done, the following
was adopted n substitute for the whole, viz: "New
States may be admitted by the Legislature into the
Union; but State shall be erected within the
limits OF any Of the present States, without the con-
sent of the legislature Of such State well of the
general legislature leaving out that part Of the frs
clause which related 10 the domestic character OF the
territory; and this substitute subsequently, revised
and amended, to make conform its phraseolo
gy to the section as 1t now stands IN the Constitution
These proceedings show that the proposition to re
strict the power 10 admit States to the territory
within the original limits of the u. So was distinctly
before the convention adopted by il, and final,
rejected in favor Of clause making the power in thu
respect general. Whatever differences of opinion ma,
exist as to The proprety Of referring TO extraneou
matter 10 influence the construction of the Constitution
where its language is explicit, there certainly be
objections to resort to such aids to test the
ness OF differences, having other bnss than sup
posed lmprobabes have not, therefore been abt
10 bring my mind TO any other satisfactory CONCLUSION
than that il the intention OF the Convention Il
give the power Of admitting States to Congress
with no other limitations than those which specl
fled in that instrument. The language employed, the
specifications of certain restrictions, the adoption
subsequent exclusion of that which is referred 10
together with The subsequent and continued action
the Government, all seem TO combine 10 render
this lnterpre tation Of The Constitution the true
Propositions for annexation can certainly be imagined
OF character unwise and improvident as to strike
the mind of all with repugnance. But if we look
the conceded powers Of Congress, shall also fine
many Others the abuse Of which might involve, 10
equally great extent the well-being of the Republic
and against which abuse the Constitution has provided
no other safeguards than the responsibilities 10 the
constituents and 10 the laws of the land, Of those
whose sanction is necessary to the validity oil an act o
Congress Nor is very unreasonable to suppose tha
those who based their Government upon the great priD
cpIe that il is the right Of the people utter abo
lish it, and 10 institute in such forms they
may think most likely to effect their safety and happ
ness should feel themselves secure in trusting 10 their
representative in the House, in the Senate, and in lhe
Executive chair, the right 10 admit new members inlC
the Confederacy, with no other restrictions than those
which they have thought proper 10 specify.
II was under this view of the Constitution. that the
purchase of Louisiana 1903 only fifteen years after
The adoption of the Constitution, promising The inco.
poralion of the coded Territory into the Union and The
admission as soon possible of the inhabitants to The
enjoyment of all the rights, advantages, and immuD
ties of citizens of tie United States, ratified
frmed, and finally executed by every branch OF the
Federal Government whose cooperation Is required By
the Constitution. 1t is true that NJ Jefferson, in the
interval between the negotiation and submission Of the
Treaty. 10 the Senate, threw out The opinion that the
Constitution had made provision for our holding
foreign Territory, for incorporating foreign State
into The Union. The fact CT his approving the Treaty
and the laws necessary TO its cuion must however
be regarded conclusive proof that, upon looking
further into The matter, his opinion changed The
attempt to convince him of his error made by his
friend, Governor Nicholas, appears by Mr.. Jefer
son 8 letter him. and have little doubt That, if h'
letters to Breckenridge and Nicholas had been pub
lished in his time, his attention been in any
other way directed to their contents he would, rom
his habtual in such Matters have avowcd the
change, and explained the grounds which it was
based II is equally true, that the acceptance Of The
cession os we'll as the admission of the Sat-, became
party questions, and were contested with parsizan
warmth. OF The vital importance of that great acqui
son 10 the safety, prosperity und honor Of The whole
Union, there can, however, now b. no diversity Of
opinion But the Councils Of the Nation in the course
of time ceased 10 be at all divided upon the question o
Constitutional power to accept ce'son oil Foreign
Territory, with view 10 IFS ultimate admission into
the Union In 1919. The Spanish Treaty for the ces
sion of East and West Florida, containing the nsua
stipulation for ultimate incorporation into the Union
was ratified and, upon the call of the names OF the
Senators present. IT appeared that every one voted io
the ratification. Upon The question OF CONSTITUTIONS
power, far as that case went, the Srnn'e oil The
United States had therefore, become unanimous
Certainly remarks are necessary to show ina