Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-03-15

by that clause the Constitution which provides that the Pre-
sident shall have power by and with the advice ana consent
of the Senate to make treaties provided wothrds OF he
Senators present by that other clause which de
caes that States may be admitted by the Congress nto
this Union by the exercise OF the authority contained IN
each clause in the form prescribed IL the power exist al
all must be found i'm one the other or both OF these
clauses and the resolution before US assumes the authority 10
be vested in Congress alone admit Texas into the Union
The question: them is whether the power given Congress
to admit new extends to the present and leg
innate exercise Of Its constitutional exercise, in the form
and for the purposes proposed in the resolution, asserted
the passage the resolution by the House of Representatives
afirs it, and is maintained by distinguished members of
this body will be proper FIRST to state the argument urged
by the advocates OF the resolution and will endeavor
it fully and fairly, and then attempt answeri it, The right
admit Texas into the Union by the legislation of Congress
derived that section of the Constitution which declares
that States may be admitted by the Congress into this
Union II is said that the power general unrestricted
limited to foreign territory nations that the only quail
caon of restriction which imposed upon the exercise Of
the power has relation existing States and not States to
be formed OF territory forming part of such States
that the limitation is " State shall be formed erect
ed within the jurisdiction Of any other State any State
be formed by the junction OF two States parts OF
States without the of the Legislature Of the States
concerned well Of the Congress that the power
claimed be exercised expressed in language clear precise
and unequvoca that the Constitution coniers Congress
the authority admit States within the jurisdiction Of
existing States within their territorial limits, without
sat and that any limitation of it would be in opposition to
the and obvious import of the instrumena nterpoa
OF WORDS, IOrH Oh
section and clear violation Of the rule Of lazy which declares
that thai is to be interpreted which needs nterprea
.i, l that the meaning Of the constitutional provision is
be asccrtained from the words used giving them full effect
according to their ordinary and plain accepaon rather than
from what be supposed concured to have been the
intent and object of the trainers of the provision which the
words used do justify, which they contradict In short
that denial OF the power claimed only be maintained
inserting the clause words Of limitation combining the amis-
sion of States 10 such 10 lie formed of ferrru
citn the ims Of the United Satesa limitation unatho-
zed by the words found in the clause and opposed all the
established rules of construction applicable such
This in substance, is the argument Of Senators who have ad-
dressed the Senate in favor of concurng in this resolution
shall reply to it fully, and hope satisfactorily.
will stop insist upon the proprey Of APPLYING
this argument the remark that it founded on literal i
depreciation Of the clause in the Constitution that such an in
depreciation ought be made subsevent the Just rule that
the object of its trainers should be carried out when
tanned that combining ourselves the words Of an
srument would often involve difficulties and be in OPP
position to its spirit and that she who sticks r the letter
sticks the back" There is sufficient room for the appca-
ton of the rule referred to to this resolution but have
time to dwell upon it, and therefore waive for the present
My first to the interpretation given this section
providing for the admission of States that there
precedent for it, This Constitution has been in operation
than fifty years. and this is the first attempt made
to incorporate foreign Government territory, and people in
to Union The fact that such precedent found
furnishes very high evidence of the general universal
opinion of the people of the United States now and all
times heretofore, the of the power conferred by
the section 1t shows that the meaning for the first
given to it novel; having nothing in the past Justify it,
and is without the support of precedent analogy After
such lapse OF hme and in the absence of all authority
the practice of the Government going far say
that the power assumed has the sanction Of the Cons
ton, being novel and unprecedented well unsafe and
dangerous.
But all the pecedents opposed to the power asserted by
this resolution, at least there presidents for
the admission of States the Union formed from
tory not originally within the limits of the United States We
have never acquired one foot Of territory except through
the agency OF the treaty making power The men
framed the Constitution, and who subsequently interpreted it,
understood perfectly the distinction the clear obvious dsnc
ton, between the admission of State by Congress- after the
territory had been acquired by treaty. and the acquisition of
that territory by previous of the Executive power
Louisiana and Florida parts of the possessions foreign
vernments first acquired by treaty. and then Congress-
by virtue Of It's power, acted in reference formation Of
States from them This practice of the Government strong
evidence OF the entertained by the wise and patriots
OF former days the subject under consideration
shows clearly how accurately they distinguished between
the power to acquire foreign territory by treaty. and the power
TO admit new states by the Legislation of Congress Would
not be better for avail ourselves of the wisdom of our
predecessors and to follow in the path Of safe pecedents
Their than TO abandon both and launch out the OF
untred and at least doubtful experiments IL has been sad
however, that Vermont and Rhode Island and North Carolina
have been admitted by Congress into the Uno and that they
rgn States at least far relates the question
under debate and much Texas This suggestion has
received most satisfactory from Senators who have
preceded The States named foreign
States. They within the acknowledged limits OF the
United States. Their people the companions arms
Of those who fought for independence they aided most
efficiently and CALAMITY in that great struggle which made
free Of foreign domination they portion of the people
Of the United States provision made in express terms
for the representation of Of the States in the Congress
the United States and for the ratification of the Constitution
by them and for the people of all of hem and for their pos
ery, that Constitution ordained, to them JUS
ce, domestic tranquility, defence, welfare, and the blessings
Of liberty. These had only ratfy the Constitution
(Which they did, and then they became States Of the Union
Could Texas do the Can any and every foreign Go
vernmen aty that instrument and ente itself 10 admission
into the Union But another may be given this
extraordinary statement Gas cannot but consider it that
North Carolina and Rhode Island before they into the
Union, oeiga States, much Texas, for the
purposes OF the present question.
BY the seventh article of the Constitution, the ratification
of the Conventions Of States sufficient for its estab
lshmen between the States alifying it. Consequently
the Government created by might go into operation upon
the ratification by that number New Hampshire was the
ninth State which assented Were Virginia and New York
which subsequently ratified the Constitution, foreign States
The statement of the question furnishes the And yet
they much foreign States North Carolina and
Rhode Island which ratified subsequent period The
time Of the ratification did affect the poer ratify
Those States distinguished members Of the Coneern-
ton They into the Union later period than some
Of their sister Saies but they, and Vermont Also in by
virtue Of their right do upon adopting the Constitution
and they foreign 10 the Union than Massachu-
Connecticut with whom they had united in the
cessful struggle for liberty.
As precedent be found for the exercise Of the power
claimed also there is opinion, until at quite
PERIOD be found in support Of it. unless be that of
Mr. Nicholas expressed in his letter Mr. jefferson, and
may be well doubted whether he intended far this
resolution attempts do quite clear that Mr. Jefferson
far know, changed opinion Of his previously
terained the subject Of the admission Of States He
had maintained that there power given by the Constr