The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1845-02-18

Who wvuld contsnd that, instead Of bspg ssta,gA
the powers formerly enjoyed by the Confede raioA
abridged and narrowed down in the now COM
stuon, restricted that Canada could 10 re-
ceived to the end OF time State of the U MON!
NeaGly contemporaneous with these expositions of
the Constitution lived the venerable Nathaniel Ma
con, celebrated patriot Of the strict construcon
schOol-a statesman in whom was no gu,le-a man
who, for practical wisdom and sound good sense,
never had his superior among US. He was the link
that connected the past age with the present and
Mr.. b. was there was no gentleman hero who
would not accord to him all that he had said, and
more
The first time the Interpretation of this clause had
como up before Congress was on the admission Of
Louisiana into the Union as State. Mr.. Macon
made speech on that subject in the House Of Rep
resenlatves the Alb of January, 1911, and which
was found reported 10 the National IntclligeDcer
of ths 18th Of thai month And what was his Lam
guage!-
IF the article of the Constitution, however, did
not mean that Congress might make States out Of
new territories, what did it mean! There was no
occasion for it in relation 10 the old territories for
the ordinance of the old Congress had secured to
them the right and those ordinances as binding
as the treaties which Congress had entered into
The change of the form Of government did not affect
national obligations. The right to become States
was which Congress could not take from the old
territories. The right of creating States out of ac-
CURED territories one which he had always con-
tended for and it had been stated by least one of
those who formed the Constitution that this article
had reference to Canada: New States may be adj
mitted by the Congress into the Unon.' At the timo
this provision made, Florida and Louisiana were
not thought Of Canada the territory kept in
view. Much, sir, said Mr.. Macon, as the United
States wanted the Southern country, and great Is
the convenience of possessing it, never would have
consented to have taken it to have kept them in ter
ritorial government forever. / do not want pro-
vinces."
The of Louisiana and Florida put this qurs-
ton at rest, that the treatymaking power has the
right to acquire foreign territory. The legislative
meat had all concurred in the opinion, and it would
be idle for Mr.. B. to attempt 10 deny il. He had no
inclination to deny it. That foreign territory might
be annexed by the treaty making power was certain
from the very nature of things; because, if we dis
membered foreign country, the portion dismember-
ed could not then act for herself in coming into our
Union. But how was it in regard to an Independent
State2 How would it have been with Canada if she
had declared her independence, adopted republican
constitution, and came knocking our doors for ad-
mission 2 She would offer herself and, if she had
complied with the conditions of reception she would
have been received. Thus it was in the presen. case.
The two things were entirely distinct from each other
VIZ the acquisition OF part of the territory Of To-
reign Government by treaty, and the application of an
independent Government 10 be admitted into the
Union.
The honorable Senator'S mistake arose from his
confounding TWO things entirely different. And, at
ter all, the treay-makng power existed only by i'm
picniion. There was no express grant Of power to
acquire foreign territory this power arose only from
the general scope of the Constitution and it had this
limit that it should not transcend or violate Il Con.
stitution In Mr. BIS judgment, the very strongest
argument in favor OF the doctrine that foreign terrific
ny might be acquired by the treaty making power was
found in this very clause, according to which Con-
gress might admit States. 1t was subordinate
power; for none, he presumed, believed that we had
power TO acquire foreign territory only convert
into colonies or provinces. In case The power was
clear and papable-it found in the very language
OF me Constitution in the other, the power by
construction-it was an implied power merely. The
power to ADMIT new States was an express grant
the power to acquire foreign territory arose by ml-
cation yet the argument of the gentleman from Ken
lucky (Mr. Morebead) went TO make the subo dinate
and implied power override the expressly granted
power.
Mr.. Jefferson in 1903 had his doubts and his diff
culiies but did he say one word about resortng to
the treaty power? No; he referred at once to the
fountain head he did not go to The streams He
doubted as to the power Of Congress to admit TO-
reign Stale
Mr.. MoREHEAD. Did not he deny the power3l
Nicholas (who had been in the country all the while
whereas Mr.. Jefferson himself had been absent in
France) informing Of his opinion on the question: no
changed his mind, and said he should acquesce in tho
acquisition on the suggestion Of his friends. Mr. JEFF
ferson yielded to the arguments OF his friends. Dur
ing the interval between the formation of the treaty
and its submission TO the Senate he certainly did en-
terrain strong doubts but it manifest those doubts
must have been subsequently removed forshe spprov-
ed and signed the treaty and the act for the territorial
government of Louisiana with his own hand. Since
then the power had been exercised over and over
again.
But what had been the argument of the Senator
from Kentucky Had he done any thing more than
cite the letter Of Mr.. Jefferson He laid his entire
foundation in that letter. he raised his whole argu-
men on IL. Yet rom the acts Of Mr. Jefferson and
actions spoke louder than words) it was plain that
he had become convinced that he had been in error
Surely all who knew Mr. Jeffe, son would admit that
il he believed an act would be direct violation of
his oath to support the Constitution he was the last
man living 10 do it. After this we heard no more of
his proposal TO amend the Constitution the question
passed away, and the doctrine was now established
that we might (at least by treaty. admit new States
formed out Of foreign Territory.
Mr.. MoREHEAp here interposed; and Mr.. 3.
having yielded The floor for explanation, he inquired
whether the honorable Senator IRON PENNSYLVANIA
intended 10 argue that Mr. Jefferson had at any time
admitted to the full extent MIR. Nicholas argument
that Congress could admit foreign State' The ac-
quiescence Of which Mr. Jefferson spoke was in the
acquisition, not in the right to acquire.
To be coniinued