The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-02-26
SPEECH OF MR.. HENDERSON


OF MISSISSIPPI,
On The Resolution for the y4nnsaaiiOn Of Tsras
IN sENATE-FEBRuARr 20, l645.
lConeludedl
But, Mr.. President, we are not without precedent
on this question even IN own brel history Both
Vermont and Frankland (now Tennessee) were ad
mited as States into this Union after each had as
sumed a political organization, wholly Independent
OF rule or authority from the United States. As
these States, however, were regarded as arising
within Other States Though Vermont disayowed that
| reston,) we pass 10 the OF Rhode Island and
North Carolina Both these States were In the Con-
federation the 18th and last Article Of which stipu
lated for perpetual union. great majority Of The
States were DESTROYS 10 abandon this Confederation
Tor National Government. But they could not
abandon the league established except by mutual
consent, without breach Of faith and 10 do which
RENTED Of course the adhering States TO their org
nal sovereignty and independence. See Federalst,
No i3, P. 49, Sor. Com, y. no, section iS4S y
The majority perseyered and 10 the Convention Of
| 1857 ali the States sent delegates except Rhode
Island. The Constitution having been agreed on IN
Convention, it sent for ratification to the people
OF the States 10 State Conventions. North Carolina
rejected the Constitution, and Rhode Island for near
Two years refused 10 notice Il. Both States, how
ever, ultimately gave in their adhesion and re.
ceiyed into the Union
| The Articles Of Confederation was the bond Of
union among the old thirteen States ill superseded
BY the Constitution. la the transition state from the
one form Of Government 10 the other, the precise
day when the one terminated and the other began,
might prove an inquiry rather curious than useful to
my present object
| The old Federal Congress- on the 18th September,
1885, resolved that the Constitution had been adopt
ed by nine States, which suticed TO put IL IN opera
lon, and lhey appointed the first wednesday IN ia.
nuary lIo9 Tor The election Of electors for President
and Vice President, and the first "Wednesday 10 Fe-
oruary, 1852 for The electors to vote. On that day,
by the vote Of eleyes States, George Washington
VAS elected President Of the United States. And the
President and Congress commenced their functions
together under the new Government, on the -
day OF -, 1883. The Government Of the United
States, as a Government of eleven States was In
operation, with all the attributes and powers the
Government now Possesses from this time But
North Carolina and Rhode Island had no more part
IN the Government Of the United States on The Isl
day OF June, 1883, than Texas now has. What,
them was the relation of the eleven United States
the two States Of Rhode Island and North Carolina
at this Junclure Of time ask this Dir. President,
as legal proposition. My own answer is that these
two States as TO the eleven United States for
egn Independent States, as virtually Texas is
to these twenty-six United States. In saying they
were foreign States trust shall not be understood
referring TO their distance in location and least OF
patbes which had carried them ia union OF heart and
feeling with their sister colonies and coniede rated
States through the struggle of the Revolution But
state the Proposition upon international law-the
law OF nature-the necessity Of the case-and the
terms and principles contained in the Constitution
which the eleven States had adopted their Govern.
ment All political relations had been dissolved by
dissolying the ation-( Feder alst, No. 43
p 1911, Story's Com p. Ill, section 1913. Vatte
b. !, section 264, p. 49,
And these States, as a consequence, were necessa-
rlIy RENTED To their sovereignty. The United
States had control over heru and did not pretend
to have; nor were they subject any other Power
on earth. or right they might have remained so til
now.
| am aware, Mr.. President, the names of boti
these States we're placed IN the Constitution as d
they we're parties. Rhode Island, however, sent nc
delegates to the Convention. OF course the act o.
the other States IN placing her name there imposed
on her no obligation. The North Carolina Stat,
Convention rejected the Constitutions of course her
being in 1t did not bind her; and it is well known
the eleven United States regarded the question, anC
, acted on this view OF the subject. See The act o
Congress, Dist July, 1889 sec. 80, vol. (which
after recitlng that Rhode Island and North Caroln
had not adopted the Constitution OF the United
States, says:
"Be therefore enacted That all goods, wares, AM
merchandise, not OF their growth and manufac
ure, shall be imported from either of the said two State
OF Rhode Island and Providence Plantations N ortt
Carolina into any other port or place oiAn the limit
Of the United States as settled by the late treaty o
peace shall be subject to the like duties seizures. an,
ioreitures, as goods, wares or merchandise import
ed from any State or country without the said lin
it's"
And so ofthe act of 18th September, 1883, vol. 9
7 p. SO, sec. 3:
".fnd be further enacted That all rum, loaf sugar
and chocolate manufactured or made in the States o
, North Carolina and Rhode Island, and imported o
brought into The United States, shall be deemed and ia
ken TO be subject to the like duties goods of TIT
a like kind imported from any foreign State Kingdom
D or country, are made subject to-"
The last section contains legal declaration tina
chocolate sugar. &c. manufactured in either Of thes
States cas not manufactured 1cin the United States
and could only get there by being imported from ios
:, States into the United States
, Now, if these two States, at the date of this act
were not pithn the United States it is supposed tina
argument is unnecessary to prove they are ,chot Ia
United States. Congress then legslaled on subject
of commerce under the same powers we now do
: viz. Congress shall have power to regulate com
merce WIN Jorefgn nations, and among the sepera
States, and with the Indian tribes"
When, therefore, the Congress of 1889 passed thu
g., laws nave quoted, can any man inform me by wha
authority they assumed to subject the commerce o
Rhode Island and North Carolina to the duties sci
cures, and Joreitres of foreign States unless the,
"eio ioEelBn' he under which tn
Congress of 1883 were acting and under which WI
now act prescribes that all ''dues mposts and ex
cises, shall be uniform throughout the United States
And it expressly provides No preference shall b.
given by any regulation of commerce or revenue t,
the ports Of one State those of another nor shal
vessels bound to or from one State be Obliged to en-
ter, clear, or pay duties in another"
But cannot for myself doubt that any one wht
does not defer more to his prejudces than his rea
, son, and prefer agreeable fiction to stubborn truth
must concur in opinion that in 1889 both the State
referred to were, as to the United States, foreign
sovereign, and Independent And it was in consopanc
with this relation that the Governor Of Rhode Islant
addressed President Washington in September, 1889
imploring legislative favor in commercial regulation
from the Congress, and that they nigh, not be cons
dered altogether as foreigners. (See the letter, Is
!. vol State Papers, Miscellaneous, D. IL
In the admission of new States inin the ITnion III