New-York daily tribune., 1844-04-30
VOL. nv. NO. 30.

wlticlt was presented bv Mr. jefferson whilst he en-
tcrianed doubts IN respect 10 the Constitutional
power TO admit louisiana ia, that tho new States To
bc aduic! must be formed uul Of territory not for
cirn, but which constituted a part O. the United
States, II the declaration Of Independence or the
adopucn oi the Constitution. 80 lar from there Lc-
iiig any thing III the language nf the CONSTITUTIONS
or 10 he oHnd III the c1traneous and concinporane.
Gus circumstances which preceded and attended lis
adopt0n In show that such the intentions Of lis
trainers, they are in my judgement, all strongly the
other way In the first place, the articles OF coned
rrauon, n,unGcrwhlch the Union was originally formed
and which gave place 10 the present Constitution,
looked directly TO Il broader extension of the coned-
| cTncv. contained provision that Canada, ac-
ce,llnc To the confederation, and joining in the meas
ures OF the United States, shall he admitted into and
eutitled 20 all The advantages OF, this Union but 80
7ruER COLONY sla! be- admitted into the same uu-
IcSx such admission be agreed TO by States. -
The practicabiiity, well expediency of making
Canadn II member Of the Union, did certainly, to
some extent III least occupy the minds of public
men, as well before ,tie close of the revolution,
between that event and the formation OF the new
Constitution This, is, however, only link III The
cham OF evidence, 10 make probable what subsequent
cTcu;S make certain, that the trainers OF tho C0ns;;-
| tuition had their eyes upon 'hs very question, when
this section was finally settled That part OF the
Constitution, as appears by the journal OF the pro
ceedings OF the Convention, was presented ill va
rclg OF forms before il assumed the shape in which
! il finally adopted.
| In the resolutions offered by Mr. Edmund Ran
dolph basis for the new Constitution. and which
contained tie first propositions OF that character
which were submitted to it, the power in question
was described az follows. VIZ: that provision ought
TO be made for the admission Of States lGwfi'y aris
ing r;ttsa tic limits Of tie United States, whether
arising from voluntary junction OF government
or otherwise, with lle consent Of number o. voices
III the Legislature less than The whole In Dir.
| Charles Pinkney's draft it was proposed that "tha
Legislature shall have power 10 admit new States
into the Union, on the terms with the original
States provided two-tlirdS OF the members picsen,
| in both Houses ugrec"-eaving out the clause in
respect 10 the character OF The territory. MIR. Ran
dolph's proposition, containing the restriction con-
lining the power TO States iawiMYy arising wihm
| Tie limits Ot Mc tniicd StateS, at timc uG
opted in Committee the Whole, and, in that stale,
referred with others 10 the Committee oi deta In
"A draft Of Constitution, reported by that Commit
zee, the article upon This subject contained the fol-
lowing propositions ls That new States, lawfully
constituted established rithia the limits o, The
United States, might be admitted by the Legisla-
turc in this Government. ID That 10 such adns-
sion, the of twO-thirds OF the members pre-
Seul IN each House should he necessary. Sd. That
if State should arise within The limits Of any
OF the present States the consent OF the Legislature
oi such States should also be necessary TO lis adms
sion. llh That ii The admission was consented To,
the new States Should be admitted 0n the same
Legislature might nuke conditions with Tho new
States concerning the public debt then subslsling.-
The I'd, 18th, and 9th clauses were stricken out by
the votes OF the Convention; and after that had
b,cn done, the following was adopted rs sulst'-
tue for the whole, VIZ :-' New States may lie
| admitted by the Legislature into the Unon but
10 new State shall he erected within the limits
| OF any of the present States without the consent
Of the Legislature OF such State, as well as OF
the general Legislature" leaving out that part
of The first clause which related 10 the domcs-
tic character Of The territory; and this substitute
was subsequently, revised aud amended so rs 10
make conform in liz phrascolugy TO the section as
IL now stands in the Constitution.
These proceedings show that the proposition 10
restrict The power admit new States II the terri
tory within the original limits OF the United States,
was distinctly before the convention, once adopted
by it, and finally rejected in favor Oi clause making
The power IN this respect general. Whatever differ
Ui opinion may exist as to the propreiy oi re-
icrring 10 extrancous matter 10 influence the con-
structon OF the Constitution where liz language Is
explicit, there certainly he no objections 10 re-
sort suck nds to test the correctness o.lniercnces,
having other basis than supposed lmProbubl'ities
have no;, therefore, been able TO bring my mind Ia
ANY other satisfactory conclusion than that 1t was
the intention OF the convention 10 give the power o!
| admitting new States In Congress, with 10 other
| limitations than those which arc specified in that i'll
! strlmCnl The language employed the specifications
| of certain restrictions the adoption and subsequent
exclusion o! that which Is now referred 10, together
with the subsequent and continued acliOn OF the ne"
| Cove rnnCnt, all seem 10 combine 10 render thus III
erprctiton OF the Constitution the true one. Pro-
| positions tur annexation certainly be imagined,
OF character uuwIse and improvement hs 10 strike
| the minds OF all with repugnance, But ii we look
over the conceded powers oi Congress, shall also
find mauv others, The abuse OF which might involve,
10 an equally great extent, The welbeing OF the Re-
public, aud against which abuse The Constitution
| has provided no other safeguards than the RESPONSE
bliiss To and 10 the laws OF The land,
ot those whose sanction is necessary 10 the validity
| of al act OF Congress. Nor is ii very uDrcasona-
| bic Ia suppose that those who based their Govern
rnent upon the great principle that il Is tha right oi
the people 10 alter or abolish H. and TO institute new
ones, in such forms they may think most likely To
effect their safety and happiness, should ieel them
selves secure Ill trusting 10 tilcr Representatives III
the House, i'll the Senate and III The Executive char,
the right admit new members INTO the COnlcdera-
cy with other restrictions Than those which they
have thought proper 10 specify.
1t was under this view OF the constitution that
the purchase OF Louisiana in 1903 only fifteen years
after the adoption of the constitution promising the
incorporation OF the ceded territory into the Union
and the admissions soon as possible, of the nhah
itants the enjoyment of all the rights, acvania
CcS, md imnunitics oicItiZcns of the United States
was ratified, confirmed, and finally executed by
every branch of the Federal Government whose CO.
orera;on is required by the Constitution IL is true
tiation and submission of the treaty To The Senate
threw out the opinion that the Constitution had made
no provision for holding foreign territory, nor
for incorporating foreign States into the Union.-
The fact OF his approving the treaty, and tlie laws
necessary tu lis execution must however, be re-
sardcd as conclusive proc: that, upon looking fur
ther into the matter, his opinion was changed. The
attempt to convince him o his error was made by
his friend, Governor Nicholas, as appears by Mr..
Jeierson's letter 10 him and | have little doubt
tho 4 IN RrcC iircu nj had
been published in his lifetime his attention heen
IN any other way directed 10 their he would,
from his habitual in such matters have avowed
the change and explained the grounds on which ii
was based Ii IS equally trut THAI the accept
sion OF the State, became party questions aud
were contested with partisan warmth. OF the
vital importance of thai great acquisition TO The
sacty, prosperity and honor OF the whole Union,
there can, however now be no diversity OF opinion