The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1844-05-08

dollars was authorized, whilst, by the administra- 4
ton Of President Jackson, the American minister
was permitted 10 go as high as four, and, if in
dispensable, FIVE millions. Both authorized /
agreements for smaller portions of territory, and
the payments were modified accordingly. In /
respect 10 the proposed stipulation for the ulti-
mate Incorporation of the inhabitants into the
Union, both instructions we're ideRtc0l.
In August, 1927, proposition was received
at the Department of State, from the Texan
minister Ut Washington, proposing negotiation
for the annexation oi Texas to the United States.
This was the first time the question of the an
nexatien of foreign independent State had
ever been presented to this government. In de-
Gliding upon the disposition that ought to be
made of it, did not find it necessary 10 consid-
er the question of constitutional power, nor the
manner in which the object should be accom-
Iplished, if deemed expedient and proper, Both
these points were therefore, in terms, passed
over in the reply of the Secretary of State to
the Texan minister as subjects the considera-
ton had not been entered upon by the execu-
! tive
| The first of these--yiz: constitutional power
| is now presented by your inquiries; not, howev-
or, in precisely the same form. Then the appli-
cation was for the immediate admission of Texas
/ into the Union as an independent State; your
question looks only 10 its annexation as part of
the treaty of the United States. There is no
express power given TO any department Of the
government to purchase territory except for the
obiects specified in the constitution, viz: for ar
senals, &c.j but the power has, OH several very
] important occasions, been regarded as embraced
in the treaty-makng power, and territories have
i been so ANNEXED with a view and under engage
ments for their ultimate admission into the United
States. If there be nothing in the situation or
condition of Texas, which would render its adj
mission hereafter into the Union as a new State
Improper, cannot perceive any objection, on
i constitutional grounds, to its annexation as Ter
rtory. In speaking of the right to admit new
States, must, Of course, be understood as re-
feuing to the power of Congress. The execu-
tive and Senate may, as have already observed
by the exercise of the treaty-making power, ac-
Iquire territory; but new States can only be ad-
mitted by Congress- and the sole authority over
the subject, which is given to it by the constiu-
ton, is contained in the following provision, viz:
" new States may be admitted by the Congress
into the Union" The only restrictions imposed
upon this general power are, lst: That no new
States shall be formed or entered within the
Jurisdiction of any other State; nor, 2ndly, g Any
State formed by the junction of two or more
States, or parts of States without the consent of
i the legislature concerned, as we'll as OF Con-
4 gress "-restrIctions which have no bearing up
on the present question. The matter, therefore,
stands as it would do if the constitution said
q new States may be admitted by the Congress
into the Union," without addition or restriction.
That these words, taken by themselves, are
broad enough to authorize the admission of the
II Territory of Texas, cannot, | think, be we'll
doubted nor do perceive upon what principle
we can set up limitations 10 power so mqual-
fedy recognised by the constitution in the plain
simple words have quoted, and with which no
other provision of that instrument conflicts in the
slightest degree. But if, with no other guides
than our own discretion, we assume limitations
upon power so general, we are at least bound
to give to them some Ineligible and definite
Fl character. The most natural, and indeed the
only one of that nature that has been suggested,
and which was presented by Mr.. Jefferson whilst
| he entertained doubts in respect to the consttu-
/ t:ona power to admit Louisiana, is, that the new
States 10 be admitted must be formed out of ter
rtory, not foreign, but which constituted part of
& the United States, at the declaration Of indepen-
dence, or the adoption of the constitution. So
far from there being any thing in the language of
the constitution. or to be found in the extraneous
and contcmporaneous circumstances which pro-
duccd and attended its adoption, 10 show that
such was the intention of its trainers, they are,
! in my Judgment, all strongly the other way. In
the first place, the articles of considerations un-
; der which the Union was originally formed, and
, which gave place to the present constitution
looked directly to broader extension of the
Fl confederacy. 1t contained provision that Can,
| ada, according TO the confederation, and joining
: in the measures of the United States, shall be
admitted into, and entitled to all the advantages
v of, this Union; but NO OTHER COLONY shall be
s admitted into the same, unless such admission be
+ agreed to by nine States" The practicabity
G as well as expedency, of making Canada mem
Q ber of Union, did certainly, TO some extent Al
Y least, occupy the minds of our public men, as
! well before the close of the revolution, as be-
! tween that event and the formation of the new
: constitution This is, however, only link il
Y the chain Of evidence, 20 make probable wha
subsequent events make certain, that the trainers
S of the constitution had their eyes upon this very
r question, when this section was finally settled
That part of the constitution, as appears by the
: journal of the proceedings of the convention
f was presented in variety of forms before it as
n sumed the shape in which it was finally adop
l. ted.
e In the resolutions offered by Mr.. Edmunt
/ Randolph, as basis for a new constitution, anC
G which contained the first propositions of tina
character which were submitted to if, The powe
i in question was described as follows, viz: tina
n provision ought to be made for the admission o
b States lartully arising ,Othin the limits of tn
United States, whether arising from voluntar,
n junction of government or otherwise, with th,
l. consent of number of voices in the legislature
loss tbon ,lo ,ubo1o In Cbarlos pirckpo,'