Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1845-02-18

'eR iru even To the ADMISSION oil Lou isi>
a,ia as State, formed of Ter ritory airea
iy acquired, aud within the limits and
iIrisjiction OF he UniIed States. Louis.
lana wa, c'.r1lll y exclude from ad,nis,
SION "a "A State until exactly nine wears
,llei tao inhabitants of that country
mad bs.n received as cii,z-n- ofihe Uni
q STATES blythe strsaiys of, cession OF
l1U3 That treaty hears date tae 3)th
Il April 1913. i The act ~f Con gross 70 4
hc.alnission Of the State into thu, Unio,,.
'een date the Slh of April. 1879. aud the
act section OF tina, act .xpressly declares
hut IL shalt no, lake effect aud be 8 Tn
torcc till the 3o,h OF Npcil. 1879 ~ hv- -
Sir, this claim Of pow is TOO gross
aud monslrous.t lave gentlemen IL tlcc-
ted that II indepenlen' Texas may, b.
brought inro the Union m this way. in
iepeudent 81. Domingo may be- brought
IN the same way; and there are those in
tins country, aad a great many Of them I
am afraid, no would rather see 81.
DOM z, unlle a State of this Union To-.
morrow ttrn Texas. TIE Independent,
cJ-ony OF Liberia may be- brought in the
same Wy. Independent Turkey may
I be m d State of this Union by the
\ same power whic Is here proposed In
he etnploye'i Tor the admission %. indie
peudent T'yas. And 4, must be re,nem.
bered that II seems by 40 means CERTAIN
that nlonarchiraI or despoic forms will
constitute an impnss ,blc ba ricr To the
adm Ssian OF foreign State into this
" ion, il II can be admi,tei at all. liza
State comes,iu w,h republican, forms, or
J adopts such Corms.ihe United Satss must
guaranty them, at The option AMI demand
oil the State Bat, really, if u foreign
: State may be admitted al all, it is no, io
I my mind, very eXtrayagaut thing to
. expect hat the time may come When
we may find States in ,hi, u ion wi h [,
popu alton little accustomed 10 rcpubli
can uSngeS, and with institutions an,
, laws no more IN accordance with oui
own than are those Of Russia or O.
fCbtna. AM, indeed how any MAI eau
, Is"brrly talk about brin Iing into TINS
C nieGeracy a forci IN country, existing
i under, an organized and mdep cndeni
. Government, and ,onsiiruling, by com
mon acknowledgement one OF the indie
pnn l. nj nations of tue ear IA (. aud talk .
dol ~ th's by an act OF egislaiion under
the power 10 admit new Safes inc
this mon, is more than ! can under
stand.
b Il some Of tn. trends Of this mea
: sur, who have not been able vet tC
ma &c up their minds To embrace thi,
bid and novel idea of finding an erprcs
| power in the Cpnsllu,ion by whi.h
: Congress may supe. sedu the treaty max
ing power, and .legislaie hr country
: and Peep e without the jurisdiction oil
A the UnIted States, as well as within il
e have resorted o another mode OF finding
4 authority for This extraordinary pro
, ding. In their view OF the case
!. while there is no erprCsS power for the
: admission ola foreign Safe into tn,
| Union, or for the acquisition of foreign
/ territory. yet the proceeding admits o
complete Justification, on the ground
, that The power proposed TO be employeC
for this purpose is incident, that is to
say, is necessary and proper, To the car
p, fying INTO effect certain granted pow
+ crs.
|, La The first place, these gentlemen
: d'sct yer that The acquisition Of tho
territory Of Texas, by join, resolution
| or act Of Congress, in necessary, in
order 10 enable Congress 10 execuu
the power, finally, OF admitting Texas
: or part Off, as State, into the Tn
/ ion. @ afa.s-
e Here, it will be observed, il is assum.
ed that the Texas territory nut b,
: brought into the United States, and unde
;. us jurisdiction, before the power to ad
Il init Stale into the Union out of i: car
$ begin 10 operale--a doctrine quite il
> the teeth OF that hich other friends q
+ this measure maintain, that the powe
D to admit States is Identical with the powc
o quire .erriiory. The whole grount
taken here is this: tha, there is an OK
i pres gfani Of power 10 Congress 10 ad
mil new States; but Congress can onl,
ADMIT States formed out Of territot,
! ac ually within the United States am
: Texas is not within tho United : atcs
' therefore, in order 10 enable Congress
10 execute the power OF admitting a Stat
! formed out u Texas territory, into tn
: Union, ii IS necessary that Congress
E, should first annex the territory to the
United states; and this is called the ex,
. crcise Of a power incident to the powc
10 admit new States into this Union
: Surely this is new discovery in tn
way Incidental powers and by thos
Of the strict construction school
: too!
/, Before this it has ben general,
Z though behev". that the incden
70 lowed, or attended The principal pow.
or. But her i, is found That the Incl
! dent proceeds, aud actual creates. tn
principal power. There is no subjsc
matieT for the principal power 10 uper
! ute upon, till the incident has acted
inc argum nj comedies that Congress!
e has no power to admit State form
out OF foreign territory. and yet it il
insisted that Congress may help itself Il
this very power by bringing such terri
tory, |W this very purpose. within In,