The North-Carolina standard., 1845-03-26

come in on any terms, the treaty power might De
Tesorted TO, in order TO acquire Texas, as was
done when the negotiations were tlrst set on 1901
or if We were to be forced into Just and legHl-
mate war with Texas, and were to make conquest
Of it, we might hold Texas acquired by the right
ful exercise of either ihese powers and Congress
might then in its discretion, admit 1t into the
Union to which Congress only IS competent.
But when Texas has signi6ed her willingness,
and we have reason to believe we know the terms
upon which she would be willing, TO be admitted
into the Union. and we are clothed with the pow
er to admit State or foreign territory, why in
woke the treaty power if we are satisfied with the
terms? When in connection with these general
considerations we reflect that the power to admit
new States extends to States aoithOut as we'll as
qoithin the limits of the United States, are for
ced to conclude that the objection l am consider
ing is merely speciOus For if it was the lnten-
ton of the convention that Congress should exer-
else the powerto admit new States in no instance,
until it had been first acquired and our limits ex'
tended by treaty, and if you please the war pow
er it was unnecessary and idle to have dispensed
with the words restricting the power to new States
constituted or established within the limits oil
the United States"
But, Mr. Chairman, the Constitution, among
other things, requires Representative in Con.
gress to have been citizen of the United States
seven years. and Senator nine, and each to be
an inhabitant Of the State in which he shall be
chosen; and it is objected that Texas cannot be
admitted as a State, because she could not be
represented. If Texas could not be represent
cd by any of her citizens in case OF her
admission there would be much force in the
objection. For we cannot suppose the convcn-
1ion intended to subject any State which might
be admitted into the Union to the humiliation
Of being represented by others than her own
citizens, But is this 500 In order to determine
the force of the objection, it will be necessary
10 consider the citizenship mentioned in the
Constitution, and the object Of this qualification
of Representatives and Senator's The idea of
citizenship of the United States must have orlgI-
mated in the nature and object Of our Union under
the Articles of Confederation, as declared IN the
9TH article the material part of which is IN these
words "The better to secure and perpetuate
mutual friendship and intercourse among the peo-
pie of the different States in this Union, the free
inhabitants of each of these States, pauper vaga-
bonds and fugitives from justice excepted shall
be entitled to all privileges and immunities of free
citizens in the several States, and the people of
each State shall have free ingrcss and egress to
and from any other State, and shall enjoy therein
all the privileges Of trade and commerce, subjec
10 the same duties, impositlons, and restrictions as
the inhabitants thereof respectively" When the
Articles of Confederation were formed there was
no territory of the United States except what was
included within the limits of the several States,
ard the articles themselves constituted merelysa
compact between the States as parties to it, but
formed no general government, creating that re-
lation between the government and the governed,
from which citizenship is supposed to result.
By virtue of the stipulation in the compact, the
citizens of any State were looked upon, not mere
y as citizens of that particular State, but as citi
zons of the United States nasmuch as they were
thereby vested with the right of citizenship in
- - S-IG
take up their abode. To become citizen of any
one State or a citizen of the north western ter
ritory, to which the benefits of the confederation
were extended BY compact, drew after it the pri-
yileees and immuntes Of citizens Of the several
or United States consequence. But when !
the Articles of Confederation were superseded
by the present Constitution, our situation was
different.
By the limits settled by the treaty of peace, as !
we'll by the cessions of several Of the States,
the United States owned much territory, and the +
adoption of the Constitution of the United States
established government which acted directly up
on the people of the States as well as upon the !
people of the territories The fourth Article of
The Confederation is substantially retained in the
second section of the fourth article of the Consti-
tuition, which is in these words: "The citizens of
each State shall be entitled to all the privileges
and immunities of citizens in the several States" -"
out 10 express provision is maze respecting cItI-
zenship of the inhabitants of territories Their
citizenship must result from their relation 10th e
government which protects them, and to which
tkey owe obedience. For they are surely citizens
Of the United States
1t would seem, then, that citizenship required
in Representative or Senator may be such as fol.
lows The citizenship of a State or results from the
relation of the inhabitants of territory to the
Federal Government. For if the people of a ter
rItory form government and are admitted as
State into the Union, there can be no doubt, ap-
prehend that one who was born, and has always
lived IN such territory may represent it at once in
either branch of Congress, although he may nev-
er have been IN any State in the Union. And
on the other hand if Texas, or any other foreign
State be admitted into the Union, her citizens will
thereby become cittznnts of the United States at
once, by virtue of the second section of the fourth
article already referred to and such as have been
citlzens tor seven and nine years will come within
The provisions Of the Constitution precisely in the
same manner that citizens of the several States +
originally did; for it was not required that they !,
should be citizens of the United States Govern-
oaent Just formed and put IN operation for seven
years IN the one case, and nine in the other, for
such was an impossibility but citizens of the
States represented, and consequently citizens of
the United States By this construction, the very
object intended to be secured by citizenship is at
tained-6delity to and knowledge of the interest
ofthe particular State, and consequently fdelityf
to the interest of the United States, consistently
with fha' IF tbo<c 81