Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-18

States may be admitted BY The Congress into THIS
Union" Upon this general power there are on,
two limitations. LIST. That no new STATE shal
be admitted within the jurisdiction OF any stale
without the consent of the Legislature OF said
State, as well as OF Congress. ID. That no new
State shall be formed by the junction OF TWO OF
more States or parts of States, without Inc CON
sent OF the States concerned, as well as Oh Lon
sress. The maxim, c1pressio nnins, est crc.hs'o
aAcrius, applies These specific limitations show
the extent OF the power, which properly en-
braces The right 10 admit new States WIN ne
publican Constitutions, under all clrcunlS'dh-
ces not excluded by these specific limitations,
It is said, however, that it was not contemplated
By the trainers of the Constitution, that the power
should be so exercised. This, if true, would De
no answer 10 the argument, if the power IS pam
w granted in the Constitution. II is very pro-
bable that the trainers OF the Constitution dio no.
contemplate the acquisition OF Louisiana ana
Florida, but that would be poor argument
against the exercise OF the power, II piaihiy coh-
ferred.
can see no reason why the Constitution
should not be construed like any other VIII,
ten instrument by its own language; ana
when the wo:.s are plain and inteillsiole' we
have no right TO resort 10 parol eridencc OF "id'
was supposed 10 be contemplated BY lis trainers
in order 10 enlarge or curtal its natural ana Cd
vious meaning The trainers ofour ConstitutIon
were wise and practical men, with an cnhSn1e;,,iea
forecast that looks into the distant future. 1ney
did not pretend to meet every eXigency by speciic
provisions; but knowing that there were many &C.
casons that must occur in the progress OF a young
ard prosperous people, extending themselves over
boundess domain that they could not anticipate,
they formed a Constitution, though limited IN us
nature, yet embracing general powers sullicienl 70
provide Tor every exigency. The power 10 aohil
new States is one of them. They could not icre-
see how the result was to be brought about, whe-
thcr BY discovery, conquest, cesslon, OF 'ne w.
luniary application OF foreign Slate 10 be at
mitied into the Union but the provision IS nauc
broad enough TO embrace any or all OF lhem.
| The same may be said OF almost every olner
general power granted TO The Government. un-
Der the mower 10 make war. we are about 10 make
an appropriation for experiments with CONS SUD-
marine battery; under the power TO establish posi-
Offices and post roads, we are now apProPrlaiihS
The means of the Government Tor the develop
ment OF one Of the most wonderful Improvements
Of modern times, Morses magnetic telegraph;
and, but a day or Two since, we had proposition
submitted without objection from any quarter,
in regard TO atmospheric railways. Under the
power TO regulate commerce, we shall soon nave
lighthouses on the Columbia river. Did any OF
these objects, the submarine batteries, the mag
lighthouses on the Columbia river-which was
moi discovered till l192-come within the contem-
plation of the trainers OF the Constitutions! 1t
would be no sound argument, therefore, against
the admission OF Texas into the Union II Inc
power be granted, though il were conceded mat u
was not within the contemplation of The trainers
Of the Constitution.
But can any gentleman, who has carefully stu
died the history of this clause OF The Consllluion,
assert positively, that the admission OF States,
| formed out OF foreign territory, was not within
the contemplation OF the trainers OF that lnsirli-
menl? have read this part OF our constitutional
history with great care, and have not been able
to dvest myself OF the persuasion, that the ira
mcrs OF The Constitution looked TO the admission
of Canada into The Union And if she had sha-
ken of the authority OF Great Britain, and esla-
bished her independence, little doubt is entertain
ed that she would have been admitted after the
adoption of the Federal Constitution. II this be
so. The trainers Of the Constitution did cOntem-
plate The very thing that the House Of Reprcsen-
tatives proposes 10 do, and conferred The power
on Congress for that among other purposes. Con-
| cediDg The power 10 acquire foreign territory by
treaty, and the power on the part of Congress 10
admit that Territory thus acquired, as States into
the Union, there can be no Just reason for refusing
to Congress the right 10 admit foreign Stale,
with proper Constitution for the purpose; and
we may Justly conclude, that The trainers OF The
Constitution did not intend 10 deny that power
| Ii is a discretion that might very properly be
conGted 10 Congress, TO be exercised or not, as
policy might dictate Il BY no means follows,
that because Congress deems il expedent 10 adj
nit Texas il must also admit the Celestial En-
pire.
Much stress is laid by the opponents Of this
measure upon lis supposed violation Of the fedc-
rative principle Of our Government. The treaty
making power il is contended, was vested in The
President and two-thirds Of the Senate, as one OF
the compromises Of the Constitution, and il can
not be supposed that the States would have con-
scented TO the grant Of any power by which this
provision could be disturbed. In answer 10 this
argument | deny that this arrangement OF the
trealy-making power was one fthe compromises
| OF the Constitution. 1t was a mere question OF
convenience. The advisory power in resar! 10
/ treaties was conferred on two.hiIds OF The Sc
nate, rather than on The two Houses, because the
Senate is small and permanent body. in which
secrecy NAV be observed, and may be readily
called for the ratification OF treaties at small
expense to the nation. This view is fully sus-
tanned in the 18th number oil the Federalis No
| Just inference can therefore be drawn from the
constitution of The treaty making power, against
our construction Of the power oil Congress 80
admit new States into the Union"
Ii is maintained, also, that the joint resolutions
passed by the House are coupled with conditions
| and guarantees in the nature of treaty, and are
/ therefore, not within the legitimate powers of The
law-making department | can see no force in
this argument These conditions and guarantees
are mol in The nature OF treaty; but, if they
WERE il is sufficient answer 10 say, that Congress
| has power 40 admit new States into the Union
absolutely; and it cannot therefore, be pretended
/ (unless it is maintained that the major does not
| include the midoT power) that il may not admit
States with any conditions that il may think pro-
per TO prescribe, not inconsistent with the nature
Of orr iedcratve system.
All questions involving for the frs, time the
exercise of constitutional power mus, be embar-
RAISING. Such was the case with the treaty for
the acquisition of Louisiana; yet there is no
point on which the country has settled down with
greater unanimity than The consiuionaiiy Of
that act. And il is believed, when time has cool
ed the ardor OF opposition, such will be the deli
berate judgment OF the nation on the measure
now under consideration.
But war and disunion are numbered By its
opponents among the bitter fruits Of this mea-
sure. War with whom? have already shown
that Mexico has no just cause of war, and is
equally destitute Of The means Of waging it,
What right has Great Britain 10 interfere? She
understands her duty and her interest TOO well 10
enter upon an unjust war with The United States.
The time has gone by when war was waged as
the mere paslime of monarchs or to crafty the
caprices ofthe people; it is now matter OF cal
culaion-a question Of interest. And what has
| Great Britain 10 gain BY a war with us? Her
commerce, her arts and manufactures great
1 resources OF her commerce and Wcalth-can on
| ly flourish in season Of peace. A war OF long
continuance with The United States would shake
the very foundations of her power, destroy her
commerce. and raise up rival in our country
in every branch of manufactures, that would be,
in all time to come successful al home and for
mdable in all the markets ofthc world.
Nor is there greater danger of disunion
venerale the Union; would do nothing lightly
to endanger it. would not, if had the power,
! restore even the lost pleiad if, by so doing
should cause other stars OF greater magnitude and
Laa,tI. ckolat ,,adl,. from, thair crahorac