Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1845-02-18


/ Madison, who was the aUlhOr Of III
= number, says.
. The immediate object Of The feder
I constitution 10 10 secure The union of n
. thirteen primitive States, which We kno
10 be practicable, and to add 10 them sue
other Sales as may aIise in their oW
bOsoms, or in their ReighbOThoOd, whic
We cannot doubt 10 be equally prsclica
ble.'
Thus according 10 the Interpretation Q
his power given by Mr. Madison the con
slilulion provides, first, for the union o
the then existing thirteen primilivcStates
secondly, Tor the admission Of new State
which might arise out of the origina
States, and thirdly, for The admission o
such other States as might arise in The
neighborhood Of the thirteen primitive
States.
The practical exposition which had been
given Of the meaning Of the power undeI
consideration, BY the various departments
OF the government, were at least, in his
opinion, the most conclusive and salts.
fsciory source Of collateral Interpretation,
and 10 this opinion he was glad 10 find
himself sustained by that Of the learned
jurist TO whose commentaries he had had
occasion so often TO refer.
Justice Story, in bis Commentaries on
the Constitution, vol, 2, sec. 406, says:
'AEd after all, the most unex excep,iona>
BILE soRce OF collateral Interpretation is
from the practical exposition of the gov.
ernment itself in its various departments,
upon particular questions discussed, and
settled apOn their own single meriis.--
These approach the nesTes; in their own
nature 10 judicial exposiiions; and have
The same general recommendation that
belongs to the latter. They are decided
upon solemn argument, pro re HGtG, upon
! doubt raised, upon a lis mota, upon a
ieep sense OF their Importance and diff.
;u'ty in the face Of The nation, with
REV 10 present action, in The midst Of
salous interest, and by men capable Of
lrgiDg, or repelling the ground Of afgu-
neni, from their exquisite genius, their
learning, or their deep
meditation upon the absorbing tolic.-
How light compared with The means Of
are The private lncnbraiions
{ the closet, or the eiired speculation Of
lgenions minds, intent on theory, or gen.
'ral views, and unused to encounter a
ractical difficulty At every step!'
The power TO acquire new territory,
nd the pow wer1o admit new States out
{ Territory not within the limits OF ju- |
Isdiclion Of the original thirteen States,
Z within any ;errilOry claimed or he'd by
he United States al the time olthe adop
lon Of the constitution, has .besn fully
ustained by precedenEs and practical acts
( al The departments Of The government,
sgislsuye, executive and judicial; by the
xecutive, in the acquisition ofLouisiana
nd Florida, and the repeated efforts
'hiCh have been made 10 reannex the re-
ublic Of Texas-by The Legislative, in.
10 admission Of Louisians, Arkansas,and
lissour as new Shtes into The union,
nd the power is FULLY sustained by the
upreme Cour, ia the case Of the AmeFi.
IN Insurance Company ct al. W. Canter,
Peters's r. p. 542. Chief Justice Mar
la!l, in delivering the opinion oil the
burt, says
The constitution cOnfsrs absolutely on
'e government the Union the powers
Il making war and Of making treaties,
onsequenlly that government possesses
10 power Of acquiring territory either By
inquest or by treaty.
In lhs argument Of that case Mr.. Og
sfI, who gas Of counsel for the appel.
nIs, assumed these positions
The sights OF the United States to
Did territories not part Of the nation at
10 time Of the confederation, in the same
lanner as the right TO oil those within
10 original thirteen States, is derived
ON the same universal principles Of gen.
raI lawfrom the powers oi making peace
ID war and Of making treaties, &c. Il
necessary for The peace OF the Union
at they should possess those powers. Il
sThe third section fourth article Of the
authorizes the admission Of
Nv States into The Union. This seci
10 OF the constitution gives TO Congress
power only limited BY their discretion
admit as many States as they may
ink proper, in what manner soeset the (
rTilory comprising those new States mag I
Hs been aquired.'
Mr.. Webster, who was u counsel for
Q aDpellee, did coelloVert this doc. Z
ne.
But q. said he veuld. refer the 8
mmills 20 another authority, which i
supposed would be eulitled TO some u
specl with members on the other side :
ibe House. He alluded TO speech h
,liyeFed BY distinguished Rentleman u
. other branch Of Congress by a Sen.
Or from Virginia, who stood inthe fore. !
ost ranks Of the opposition. He allu. I
"a u speech delivered BY Mi. Archer /
the esssie, m secisl ssisioh, in May,