The Woodstock age. [volume] (Woodstock, Vt.) 1844-1845, 1845-03-27

, admitting new States! Mr. w. would no
y therefore, detain the Senate by addin
any thing on that subject, except two fact
which we're certain and undeniable;
had been proposed in convention to lin
t the clause to States formed out ofterr
, tory then within the United States, an
, that limitation had been stricken out
, These were fixed facts, and could not b
got rid Of They were neither guessin
nor special pleading, Again: it wa
maintained that this was not the exercis,
of a legislative power, and therefore
could not be done by Congress in thi
resolution; but on that point he would asI
did the legislature get its power in TIT
constitution because power was legisla
tive; and did the executive get power il
the constitution because the power wa
executive and did the judiciary get pow
err in the constitution, because the power
was judicial? Or did each of these severa
departments derive their power from ex,
press grants to them severally made, how.
ever their character might be regarded If
the ABSTRACT For illustration: the tria
of impeachments was expressly confded
to the Senate by the constitution. Was
that legislative act' Was it not a judi
ciaI act' Yet it did not belong to the in,
dietary: it belonged to the Senate. And
why? Because the constitution give 1t to
the Senate. The power to confirm NOM
nations was given by the constitution TO
two-thrds ofthe Senate. Was that a
legislative act? The suggestion Of a.
mendments to the constitution was given
to Congress. Was that legislative act?
All these were powers not legislative in
their nature, but confded to the legislature
for convenience sake. So with this pow
or TO admit new States. 1t was conven-
lent that Congress should exercise such a
power. 1t was not necessary to have a
convention whenever a new State was adj
mttcd; that would have been highly in
convenient. The nature of the case did
not call for it any more than when a
new member ofa political corporation,
such as town or county, was admitted.
But when an alteration was to be made in
the rights, guarantees, and powers of the
nation, something more than the action,
of Congress was required, and conven-
ton could be called
Bnt there was more still in this argu-
ment. The power which brought two
States together, being an organic power
rather than legislative, it was more suit
ed in its nature to the whole Congress
than to the treaty-making power Con-
gress was favorite body, was the supe-
rior body, and was most likely to be trus-
ted with an organic or fundamental ques-
ton. All that was said in Vattel was
aside from the matter, because it related
to European governments, where there
was formerly no legislature, and no writ
ten constitution, But in England, where
there was both, when the union was to be
formed with Scotland and Ireland, it was
not formed by treaty, but by Legislative
act or compact, called the"act of Union"
The party with whom it is my happi- |
ness now to act, entertained, in common
with myself, like ideas near twenty years
ago in the case of the Panama mission,
while our opponents then went far beyond |
even the present case. They sought
he to form, by treaty, new conleder-
ICY Of American republics-not within,
out without our constitution; and to con-
'ist of their governments entire as well
IS their territory, with certain powers and
authority in that confcderacy utterly I'M
Known to our great political charter.
But we then, as now, contended that
his union extended to States only admit
ed into it under the authority Of Congress
md subject to its laws, and represented
n these halls; and while Congress had
he organic power to admit States into
he Union on such terms neither it nor
he treaty-malilng power was authorized
o form new and different kind of con-
edcracy with any government whatever.
Another illustration to show, that this
'ower to admit States, even within our
original limits and from parts Of the old
thirteen States-both being under the
anne clause--is organic rather than leg
sative, exists in the fact that such an adj
mission is usually, in form, but declaato-
3, and on certain Fundamental condi-
ions; and is not rcpeatable, like most
avs not relating to contracts.
This may be seen in the resolutions to
Omit Missouri, Maine, Kentucky, &c.
Gut if this resolution to admit Texas is
Objectionable, and mayb repealed here
fter, as many contend, so it is in the
Their cases, and may be there repealed
conclusion at war with all vested rights ;
nd the sacred obligations of contracts. {
But, though the language of the con- {
tituton was plain in favor of this resolu- {
on-though the precedents were not ad-
erse to Though the circumstances {
,hich attended the insertion of that Ian S
uage into the constitution confirmed the I
obstruction we were now giving-and !
nough the organic character of the I
,easure rendered it suitable for the ac- {
on of Congress rather than the treaty s
laking power, it was contended not to Il
C within the spirit Of the clause, before c
exposed the country to the most hidious P
Anglers. a
The honorable senator from Kentuckv d