Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-08
CONTRADICTIONS.
THE RANDOLPH EPIsTLEs.-Mo Series.

No. X.
Congress hastie exclusive po,rcr TO make acquisitions
or alterations of the National Ierraory-Ia-
s.an0s-Tae cessioasof Mr.. Bro'sns Jo,M Rc-
solMions-IHe eLeiusireacss OF TIE po1rT 81 Con-
gYess in relation TO the .St@es-Ihe moment
Texas enters tie Union, the jurisdiction OF the
Constitution attaches 10 her and determines the
mod in 1rhleh her cessions must be nladc-A
,ingu,sr orersigat!-Brorn's Resolutions do not
,nrolre an acquisition of Foreign Territory
The eessiop IS restricted 10 gntyJ,visdic-
lion, use, &c.
WAsHlNeroS CRY, Feb. 4, lsa5.
To the Edtus Of the Enquirer.
Dear Sirs: Those who look into the Constitu-
non of the United States as whole, will readi-
" satisfy themselves, that scrupulous pains were
taken. BY the Convention who framed It, to vest
in Congress exclusively, all powers relating 10
The aeqaisilion or alienation OF National Terrific
Not foot Of tie Distriei Of Colun'bia could
have been acquired by The Government under
the Constitution, but BY ''THe ACCEPTANCE OF Con-
oREss"
Not HE sciie for fort can be acquired III a State
without the consent Of Congress!
Not seite fur magazine can be acquired in
State, without the consent of Congress!
Not a sciic for an Arsenal can be acquired In a
State, without The consent OF Congress!
Not a scite for dock yard can be acquired in
State without the consent Of Congress!
Not a scite for any other needfl buildings irtat-
rv0 can be acquired in State without The con-
sent OF Congress
This investilure of the power exclusively in
Congyes, besides intrinsic fitness, is referaole
doubtless to the uniform practice which prevailed
under the Government ofihe Confederation, OF ac-
quiring territory, through the Compacts that were
made by that Congress with the individual States;
and indeed tia, Government must Of needs have
acquired them through that body, if it acquired
them at all, for il was without either President
or Senate and it possessed no Federative
agents, save its own Committees, whose acts were
OF no avail unless done under the sanction OF IFS
prior authorization, or subsequent ratification
The various Compaets OF ecssi0n, which were made
between the Congress of the Confederation and
individual States, originated in the action OF that
Congress, which on the 10Th OF Oct l7S0, IRE
solved That the Incorporated lands that may
be coded or reinquished 10 the United States, by
any particular State. shall be disposed OF tor the
The patriotic impulses thus awakened-ln l7Sl,
New York made her compact Of eess'om Of her
Territory with Congress. In 1884, Virginia
common benefit of the United States" Under
made her compact of cession Of her Territory with
Congress. In 1886, Connecticut made her conf
post Of eession Of Territory with Congress. And
in 1887, South Carolina made her compact OF css-
sion OF Territory with Congress.
These were all the compasLs Of ccsstoH q be-
lieve) which were made prior 10 The adoption OF
the Federal Constitution But as both North
Carolina and Georgia possessed vas, Territories
of waste and unappropriated lands, and all In
dicatons promised similar compaefs of eesssn'is
with them, surely it could not have been the de-
sign Of the Convention, By any provisions OF the
Constitution, 10 have prevented Them from imi-
rating these patriotic examples, and contributing
these dues Of Justice 10 the common fund thus
dedicated 10 the debts ofhe Revolution. No, no;
we have the most gratifying proofs, that no such
design had been entertained by the Convention.
In the second year Of the Constitution, when It
was administered in Congress by many OF the
Conscript Fathers OF the Convention, and in the
Executive, BY the Father of his Country and the
President of that Convention, the questions OF the
capacity Of the Government u acquire Territory,
and IL So 10 what department Of the Government
the power pertained, necessarily came up Tor ad-
Indication, when North Carolina rendered its pro-
posal Of cession in 1870, and that Congress deci-
ded that TIC Gorernulsat had The po,rer-that that
power was conferred upon Congress-and ac-
cordingly it accepted the propsa-and BY an act Of
Congress made itself a party to the COMPACT or
cessloN-as have already stated in my I!h epis-
lie.
The precedent thus set, was rigidly adhered 10,
and carried out with every formality, in the next
compact Of cession, which was made with Georgia
in 1902, which I also referred to in the same
Epislle and (as should there have added Con-
eIess even empowered its Commissioners 10
make that compact Of ee,ion, final and conclusive
against the Government, rilhDat any ratif -at'oD
By any Of its Departments. So the Commission
crs o! the United States Games Madison, Albert
Galatin and L.eri Lineolt) interpreted their pow
ers, and so they expressed themselves, in the last
article of the compact, which they entered into as
follows:
"Ar,ice 3.-The present ACT OF cEssioS and
AGREEMENT shall b. in fuA free as soon as the
Legislature OF Georgia shall have given its as
sent TO The boundaries Of this cession, provided
that the said assent shall be given within six
months after the date Of these presents, and pro-
vldsd Tia. Congress shall no during The same peri
Cd Of SD months, repsol 50 much Of any former lar
as auiioriscs his agreement, and RENDERS IT BIND
mo AND CONCLUSIVE UPON THE UNITED STATES"
Well--,his compact Of cession was concluded on
the 2iA Of April, 1902, aud one of the conditions
was, that the United States shall, at their own
expense, extinguish, for the use of Georgia, as
carly as The same can be peaceably obtained, on
Reasonable terms, The Indian tie 10 Tic country Of
3clatassce," SC. Now, MIR. Jefferson, in his Sc
cond annual Message, of December 18th, ls02,
(bsia. eigii zro,lhs after the date OF that eoapae)
thus announces 10 Congress what has been done IN
The premises "The C0nrention with The State OF
Georgia has been ratified by their Legislature,
and purchase from tse Creekshas been consequent
ly nude, Of parton Of The Tallahassee country
which most conclusiyely shows, lhatTHE COMPACT
HAD ALREADY PASSED INTO EFFECT, BEFORE IT WAS
SUBMITTED TO CONGRESS-
II must not escape your notice, that the capaci-
~ conferred on Congress by the. Constitution 10
purchase places "lor The erection Of forts, masa-
zines, arsenals dock yards and other needful
buildings" to which have already referred,
makes 'the consent of The legislature, in which
the same shall be-" an indispensable condition 10
the acquisitions II is not the consent of the Es-
ecutirs Department OF a State, oil its Gorernor,
nor OF its Gsrsynor and Senate, that is required 10
sanction the acquisition No, Sirs, il is nothing
less than the consent of the acholc Legislature.
Well, you must have noted that the join, re-
solutions OF Mr. Milton Brown, which have
passed the House, very properly required ihat
Texas should cede 10 the United States, among
other things her "roRTFicArloSs, DOCKS, MAGA-
ZINES" &c., &c. Now, if Texas is to he regard
ed as Foreign Stale, until she is actually incor-
porated with the Union, BY what process =: rea-
soning CAN'T be maintained, that Congress, (uHea
les, nc President and Senats) is competent 10
acquire her qualifications, docks, magazines, &c,
from The President and iScnatc OF Texas, or from
any Of her public authorities, less or other than
her acaoe legislature, as is needed 70 make SINH
lar acquisitions from one OF our own StaiesI But,
in truth, by reference 10 the resolutions them
selves, it will be perceived, that they contemplate
that The cession oil all these public properties is 10
jolor, not TO ueeedc her entrance into the Union.
The second condition of the second section Of The
resolutions provides, that "saia Stale 1chen ed
asi..ed into The Union, after ccding TO Aie United
States aN" Sc, which makes it sure that she will
be "A STATE IN THIS UNION when she parts with,
and the United States acquire those "FoRTIficA-
rioxs, DOCKS MAGAZINES" &C., &c. How will ii
be possible then, rSDEs TH- CONSTITUTION Tor TINS
Government 10 make these acquisitions without
obtaining the consent OF her WHOLE LEGISLATURES
that Is, her CoNaaEssl l, is plain tina, the thing
can't be done. do not reler at all now TO THE
Want OF CAPACITY IN TEXAS TO cEDE them through
her public Authorities, less or other than her