Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-08
For The Enquirer.
ADMISSION OF TEXAS.

ADMISSION VI IEhAS.
The Constitutionalily OF admitting Texas as a
State, being the sole point Of any difficulty in re-
ference to this question, propose presenting
few view. in favor Of such admission.
NEW States may be admitted By The Congress IN
10 this U,sior" Such is the broad language OF
the Constitution. II SO, why then may not Tex
fairly at the outset, is answered by saying that no
State which is foreign to our Government was
intended 10 be included in this general language
Is this assertion true? shall show, in the course
OF this essay, that upon the lace OF the clause
contrary intention appears, showing no such dis
,inction; that from the history Of its adoption,
contrary intention is demonstrable; and that from
The nature of our institutions Texas may be all
united as foreign State.
I. Upon the face of the clause evidence appears
10 show an intention Of admitting States foreign
10 the U. States.
The words of the clause are general "New
States" refer equally TO States foreign 10 the U.
States aad 10 States formed out Of its territory
Each would be called with equal proprcly "new
States Does The clause intend 10 include both
II moi. and one is 10 be excluded, which Shall ii
he, and why2 Let these questions be answered
by every candid mind.
But again: the subsequent part Of the clause
excludes any such partial construction: "But no
new State shall be formed or erected within the
jurisdiction OF any other State; nor any State be
formed BY the junction OF two or more States or
nars of States rcith0utthe consent Of Tie Lsgiaa-
lures of the States concerned, as well as Of Con-
gress",
admitted into the Union. The appearance OF the
conjunction "but" in the beginning OF this sen.
fence, shows that these tw0 classes rcre included
under the general denomination OF New States,
which may be admitted BY the first clause. II
thew are not why mention them in the same con-
nection? Why precede their mention by re-
.,ricye "but2o Ifthey are not included in the first
part of the clause the latter part OF it would rem
der the whole absurd, and is unworthy OF those
who pretended 10 evince the slightest knowledge
OF their own language.
But what two classes are these? They are
States "iormed or erected within the jurisdiction
of any other State" and States "iormed BY Tho
junction OF two or more States or parts OF
States" in other words, they are States form
ed out of the tcYrit0ru, belonging, mt Ia Tie
Uni,ed States, but to iadiriaual STATS. Now
7 have shown that these two classes were
evidently included under The terms, "new
States 1t follows, therefore, that under The
words "Ncc States" were included States form
ed from territory belonging, mol 10 The United
States, but TO individual States.
What is u foreign state2 It is one which re.
.ula,es its concerns independently Of every Other
power In so far as il admits another State &c
control IFS action, it ceases 10 be foreign 10 thai
State: bnl in so lar as that other is not admitted
20 control its action, il is foreign State. If This
be so, how stand the States of the Union In sc
far as they are united by the action Of the Fede-
raj Government, they are not foreign; bat in re.
lation to the reserved powers and those concerns
of each Stale which are not controlled BY the &c
neral Government their connection ceases they
become independent OF, and foreign 10, each Stale
and the U. States.
The territory of State is one Of the concerns
over which Congress can exercise no jursdic
ton. In respect 10 territory therefore, each State
i foracn 10 the general head Her territory
therefore is foreign territory TO the United States
How can il be Otherwise Congress cannot lay
her finger on foot Of State territory, withou
Hga assent, any more than upon The soil Of Grea
Britain. Isl not then foreign tcrrito'y'
Blu, have shown that the provisions OF the
Constitution include ".Sfaf territory as capable
OF admission as 4 State into the Union. In Other
words. foreign territory may be erected into .
State, and admitted into the Union. And mark
Forcfra territory erected into q State by 'fhe lie
f,is,at,res Of the States concerned" lritfout an,
syior cessiun II il 10 the United States or irlaon
Trer hcring been for one moment The TERRITORY o
TIE D. STATES!
Upon the face Of the clause, is it not evident
then, that foreign territory erected into State
may be admitted into this Union? May no, Tex
as be admitted
Besides, this clause Of the Constitution is gene
raj, wih.only two exceptions: "Bui no new Stale
shah be formed or erected within the jurisdiction
of any other State; nor any State be formed by
the iuncture Of two or more States or parts OF
States without the consent Of the Legislatures OF
The States concerned as we'll as Of The Congress"
With the exception Of these two provisions the
clause, aNew States may be admitted by The Con-
eress into the Union" is generat-and, therefore,
the case Of State carved out OF territory not
before in "the bosom of The primitive thirteen
United States" constitutes no exception to The
general clause-but that general clause fully ap-
plies to that case. >.
! r. The same view is farther enforced by a nus
tory Of the adoption of the clause, into The Con-
,s.iiufion. twill alIude 10 some OF these promi-
men. points.