Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-02-22


the time iohen The Constitution ,oas adopted recoect thu
spirit manifested in the debates and instead of trying wha
meaning may be squeezed of the text OF invented
8 against II, conform to the probable in which il wa
II passed"
Here good republican rule of construction; and
was rule which had been sanctioned by the highest udca
tribunal OF the country III of the greatest
brought up for the decision OF court earth the
case OF citizen OF Maryland against the Commonwealth
Pennsylvania in reference TO the Of fugitive slaves
In that the most delicate and critical States
OF this Union were involved and in delivering the opinion
the Court recognising and affirming of the Fundamental
compromises OF the Constitution Judge Story says
Ihe safest rule ofinerpetaton, after ALL will be found Ia
be to look to the nature and objects OF the particular powers
history and to give the words Of each just such operation
force, consistent with their legitimate meaning, may furry
secme and attain The ends Proposed"
And now with the aids and lights Of conemporaneous his
tory Mr. invited the Senate to do what Mr. Jefferson had
said ought to be done in every question of constitutional
structon-"to back to the time when the Constitution
was adopted and what the in which its pro-
visions were then practically intended and understood.
At the time when the Constitution adopted there
two descriptions of political communities exences embrac-
ed within the limits of the United States one consisted Of
organized States, with all the powers faculties, and nsr-
ments OF independent segovernment in regard to their
clpal and domestic concerns and at the time parc
palng In the administration of the General Government
the Union by their Representatives in Congress Side by
side with these another class, consisting Of dependant
communities with imperfect and subordinate powers and de-
nominated Territories These Territories were governed
medaey or Immediately, by Congress- and without any
voice OF their in the national councils These latter
communities doubtless prominently in the view OF the
CONSTITUTION when spoke of States being admitted
He did not mean to that the clause referred only such
Territories within the limits of the United States at
NE time Of The adoption Of the Constitution. Itappied all
Territories which should be included within the national limits
at the time when States be formed of them
Virginia had ceed the United States 1884 the body
OF the lands northwest of the Ohio, and in the of
had expressly stipulated that the territory cedcd should lie
Than
States which should into the Union equal foot
ing with the original States These embryo States formed
class OF candidates for admission into the Union and we
of course within the view of the constitutional provision
But this Twas all There several States of large
and dispoporonate dimensions, within which it fore
seen States must Virginia at that time included
within her limits what then called the district of Ken
territory was, then, aspiring rise into
the dignity OF State and had entered into arrangement
with the Legislature Of Virginia for that purpose Then
there the patriotic and highspted community Of Frank
and-he germ of the future State of
within the limits of North Carolina. She then in sub
stance separate community exercising de cto though in
style OF almost Arcadian simplicity many OF the attributes
OF Independent sovereignty Besides these there the
Territory of Maine (Hithn the limits of Massachusetts, also
aspiring after State dignity. There was moreover Vermont
lying within territory claimed by the State of New York,
having long since set separate Government and
demanded admission into the Confederacy The Senator's
State, too, that time agated by schemes Of d.
vision which, if they had been unfortunately carried
execution would have deprived her Of the proud honor she
of being the keystone of the Federal arch With
In the broad limits of Georgathen stretching what
the States of Mississippi and Alabamat impossible
not to foresee that States would also arise Thus the
country stood when the Constitution adopted; and
in view of this state Of things and of the fact that there
power the old Confederation to admit Satcs that
this much perverted clause inserted
Here, then, were five States to in out Of the
Northwest Territory besides all those other aspiring scions
from the larger States, which sprnging up all sides
The old Confederation, strange may appear possessed
power to admit States out of domestic territory On
this point Mr. R. would call the attention of the Senate
number Of the Federaist in which Mr. Madison distinctly
stated this defect of power in the old Confederation and
traced to that defect the origin of the clause the present
Constitution which gives to Congress the power admit
States into the Union Nobody knows better than the Sena
tor from Pennsylvania that it fundamental rule in the
construction of all remedial acts consider the the
old law the defect mischief existing under it. and then the
remedy furnished by the law, which must be construed
the particular defect mischief which existed
der the old law. Now Mr.. President let what Mr.
Madison says of the of power under the articles of Con-
federation In the 3sth number of the Federas speaking
Of the Northwest Territory which had been coded to the
United States by Virginia. and which Virginia had obtained
positive stipulation from the old Congress should be divided
into not less than three than five Republican States
he says:
Congress have assumed the admin ration of this stock
They have begun to render productive Congress have
detaken to do they have proceeded form Saes
that is prospecvely erect temporary Governments, to
appoint officers for them and prescribe the conditions
which such States shall be admitted the Contedacy All
this has been done, and done om the least color Of cons
We have only with this passage what the hon
orable Senator read to from the 43d number of the FEEDER
alist, written also by Mr. Madison, and have
pee clue to the true and incontcsable meaning of the
clause OF the Constitution giving to Congress the
power to admit States into the Union. After quoting
the whole clause providing for the admission of States
into the Union, Mr. Madison in the number of the Federal
list now referred to- proceeds follows:
In the articles of Confederation provision found
this important subject to be admitted of right on
her joining in the of the United States and the other
cotucs by which evidently the other British
onies at the discretion OF nine States The eventual establish
men OF Mates to have been overlooked by the
this omission, and the assumption of power into which Con-
ress have been led by With great propriey therefore
has the new system supplied the defect"
The Constitution our great national remedial
act II intended TO correct the evils and defects of
the Confederation. Under the old SYSTEM there had ex-
sed, as we have seen, authority to admit States
arising within the limits of the United Staes-that was
the defect to be corrected and this shed irresistible light
the true meaning of the new clause Admission into
the Condecy had been DANGEROUSLY demanded for years by
Vermont and the other rising communities which have
referred showing also impatient desire admitted
into the Union States These young giants were uneasy
and restless under the restraints Of their condition pupape
they painted TO cast aside their tutors and governors
the toga Drills Of State sovereignty The passage
the 43d number Of the Federas quoted above which was
rather unwtngy, seemed me- for his purpose read
by the honorable Senator from Pennsylvania completed the
evidence even to the proof of ntgatre Of the
ing OF the clause, and went concusivey show that the
power to admit States did not power TO admit
foreign but American States. What does Mr. Madison say
in that number of the Fedeals The articles of Conede-
ration he says provided for the admission of Canada whose
aid in the of the Revolution DESTROYS to obtain
They allowed her in by her simply oning in the
of,he United States" and this assent was o;ve