Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1845-03-03


thesry Of the Constitution. lie MT ineltued To .
dep the which had been put birth by seine gentle
men, that the Constitution cunsined no reference al al
u snv iuiure -xrusitn II tertiary. What he sid
was that the mode II efiscting exension
in view in this clause respecting States. bat that
il heIonged the treaty piser. And this 10 ansl-
ry TO the priacipe though mol the irm Of the old
esles IT Confederation. We have that while the
Confederation made aravison pr the admission Of for
csloales into the e,niedracy. II 10 he done
u BY the Of nine Stos. being FRO thirds nf The
whue number ,f States, ahch precisely the prupof-
in required by The existing Constitution Ia effect
the acquisition 81 iufegn t.friioy by treaty. u must be-
borne mind io that under The articles IL cuhedera
tion the Continental Congress the treaty making
swell legislative branch Of Gnvernmeni and that
the vote OF STATES. twuhiris, was Teqei
red treaties 10 admit Canads aud the other
Blush colonies the coniederacy. The present
traornary ciaim. therefore. admit joreiga States in
10 the uniun by mere legisla i've majority Of The
two Houses If Congress- dies nai receive any. the
slightest counienance, even from The old articles OF
federation.
But the Senator firm Pennsylvania insists ali IL
mated ln the bond" THIS argument shut and sim
rle AT least. Il ran thus New States may b. ad-
miued BY Congress- Texas is new STATE therefore.
Texas nay be admitted by Congress. Aud the gentle
read Cfa5be's synon, and Nallsl's law Of
tvns show what this clause II the Constitution
neaus by the word State NV, win al respect. Mr.
X must say that neither Cfabbts synnnymeS nor Vat
TEL M, (he hoped his honorable friend ffnn Nsis
sppi would M, suppose he meaai paa) lpeltsr's die
,ionary III. authority ~ Which tbs gaosiiun
10 he decided Tie Constitution dseid.s II af Ilsrlf.
II surely is na ir me tsad Mr. Il. IN assume 10 tell
the learned legal Senanr from Pennsylvania ntai had
be,n the repeated dreisions Il the supreme Couu re
specting the meauag o The sard "slate.o as used in
the {, nsnliun. Tire inierpfclaiin put upon il by
that gentleman and his friends and The very definition
Of Naiel. quoted BY him, he'd been oser and over
again brought beiure thai Court and rejected holly
iaprcabe 10 the Constitution OF the tnilcd States Ia
regard 10 The meauias Of he phrase nst the Con
suiion that august tribunal had sad, through rs wiscst
luminares. the Constitution mtsi fesak II iisat H.
might refer the gentleman 10 The early and ta9inv
o Hepburn vs. El2sy. where fbief justice Marshall
had ovsrue and rejected taltelS d. fniiun under the
general law # naiiuns as wholly napplta5le 10 the
Constitution ot the tnlted States
Mr. r WAS NJ lasyer. yer he had tried. by close and
long study, 10 understand the Constitution ri his roun
Try by all The li4h's accessible 10 him There had brrn
a AID very important ease. snnienes cal
The Chrrokre case. and stnetnnrS HE Georria case
(Nurcsrr ". the State al Georgia ihink ) IN heh
ihIs definition. qsped bs The gentleman fun Nael had
been again reirccd ba,ing noihinp 10 d, with IN,
Constitution of tho TIMED STATES 4 STATE uf The A
merean Union. a. the wnrd was found in the Cons,iiu
ton OF the United Stairs. meauta verv different thing
iron State Nallon IN The general unqualified SENSE
Of The law Of as7ns Under the Law Il nations State
was wholly sovereign SEPARATE aud independent com
muaiiy. Bat this cerlaip, was not the condition Of the
States af the American nun. IN lie srnSe at The Con
sntion. Tor they were expressly disabled by the Con
suiiun Iiseli FINN the exercise ii many al the attn
hnes ct nailuual s1serel1ny-mallng Naf. treaties
&c M term had greater variety of specifications
than this IT sisie. In the ceebfaitd Virginia repor
and res,a;ious of l199, Mr. Nni.on said there WEI,
tour different signh 'aiuns IN whci II used and So
SAID The supreme Court. Sfmeiines IT mranl The ter
nory SIMPLY; at other tnrs II meant lie pucal com
munuy; Ia oihcr cases, The ornanzed Government In
all these different senses. ascending Ia the Supreme
Court, IT rs USED IN different paris of the Consultation
and in each case its particular meaning must be- dei,r
mined by Tie cunieXi II We WISH therefore 10 arrive
81 the ifuesense 10 which this phrase new Satpsn is
used III the clause ul the Constitution nov under discus.
sJn. and no 10 squeeze out IL The tex as Mr. JEFF
ierson says, meaning contrary to the nienions of
the ffamers OF the Constitution and IT the pe,ipla wbo
accepted We must. instead Of referring II Crabbe's
SgnoaiRcs. " atht,'s Dictionary, ar Naiiel lara Ia
the Cuisti tuipn iise dona that read HE ,rLoe
cauc relating 10 the subject. and part torn and
isolated ftam The rest NuW. Mr. President let as read
the whole clause relating The SUBJECT as ii stands in
the Constitution.
New States uay he admitted by Tie Coporess int,
this Unn bat no new States shall he ftmed ar eoc,od
within lhe Jurisdiction II any oIt State nnr any Sn,e
he formed By the Junction Of twn or mofe sn,es ar mari,
81 States, without the of the Legislatures If tie
States Concerned ss wei as of the Congress-
In giving to Congress the power Ia admit new States
in;o the Unan." the Constitution prnceeds "no new
States shall be formed eecied." &C. The new
States 10 be admitted then were STATED II, h, f,,,o,J ~
erected Nuw sir is it no, an al,snrdiy Ia snnn,se
would be The grasses, selecsn IN lannuase even
that The Cong ss of the l'niied States VAS In Is,,
Respecting the "forfrgiionn or .,erertio,o al n.,
Stairs. excep within The limits uf the n,l.d States
under jnrisdeiipn and uni uf eur avn t,,,i,
w Mark me. Mi President do NIL mean Ia res,t,,,