Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-08
Constitution furnishes no evidence whatever ,ha


the single exception, that the President a1@ Senad
assumed the power 10 dispose OF" the nallona
territory Of Texas in 1919. If portions oil lht
public territory are wanted 10 raise funds 10 oper
canals, &C., in individual States, il is Congress
who disposes OF them for that purpose IL theJ
are wanted 10 enlarge the oounnes TOT enlist
nents in seasons oil war, II IS Congress
who disposes of them for that purpose. II they
are wanted to manifest the national benihcenct
and gratitude towards Lafayette andhis compeeIs
il is Congress who disposcs ofihem Tor maj purpose
If they are wanted 10 adjust differences petweeI
the Government, and an individual state, (as IL
the case Of Georgia. it is Congress VINO oisposes
Of them for that purpose. III they are Wanted iol
in the States in which they lie, il is Congress who
disposes of them tor that purpose. And il they
are wanted 10 replenish by sales, the National
Treasury, il is Congress who disposes OF Them f2l
that purpose. The alienation Of IsTas stands on
alone, in departure from and in contrast with
the long and venerable usages OF the government
of leaving i, 10 Congress 10 dispose OF, The Ma
tional Territory: notwithstanding the strong init
nation given in the Constitution, thai as it need
ed the ghole Legislature Of STATE, 10 part witt
any portion Of its Territory, and confer valid Il
lies thereto upon the Government, so The anal
ogy would apply with full force, that it would
need the authority Of the rhole Congress to excr
else like functions, for like purposes. Such being
the analosy-such must be the inference.
Every Thing have said in regard 10 The crcfh'
srencS of the power Of Congress, over all that re-
lates TO The acquisition and alienation OF NaiIon
al Territory, applies sill more explicitly to Inc
erelusivencss OF the power OF Congress IN relation
to the !Siates formed, or TO be formed, either De-
fore or after their accession TO The Union. Inc
President and Senate per SC, have nothing 10 &c
with the matter in any shape or form, except as
they constitute branches Of the Legislative power
OF Congress For example:
No State can be divided into two States, with
out the consent OF Congress.
No two States can be erected into one State
without The consent OF Congress.
No paris Of Two or more States can be erected
into one or more States without the consent o
Congress.
No States, however formed can be admitted
into the Union without the consent OF Congress.
No State can lay any imposts or duties or
imports or exports without The consent Of Con
grcss.
No State can lay any duty on tonnage wilhou
the consent Of Congress.
No State can keep troops or ships OF war, II
time of peace, without the of Congress.
No State can engage in war, unless actually
invaded, &C., without the consent OF Congress.
No Stale can enter into any agreement or com
pact with another Stale, or with foreign power
without the consent Of Congress
No State, nor all the States, can amend The
Constitution itself without the agency OF Cow
greS.
deduce all these constitutional maxims from
the Sd section Of the 9TH article, from the lUii
section OF The Isl article. and the Isl section o.
the 9Th article. Ineed quote now but the 81 sec
ton OF the 4th article, which provides that
"New States may be admitted by Congress inle
the Union-6ut no ne'c State shall be formed ~
erected aciihin the jurisdiction Of any ether STATE
nor am Slats Je formed by TIE junction Of trO o.
more States or rARTs OF STATES 'rahont ne con-
SEMI of tie LEGISLATURES Of The States concerned
as well as Of Congress."
Passing on, then, from this view OF the subject
we are struck with the marked incapacty which
the Constitution has imposed upon every one OF
the States, 10 dispose Of" any part Of themselves
without the consent Of heir respective "Lcg'Sd.
lures" | refer TO- but shall not repeat, what
have already said upon another clause Of the
Constitution, wherein The terms consent oil Inc
Legislature Of Stale" are attributed TO mean Inc
consent not Of the Gorer1,or and Scaate OF State
merely, but OF its rtolc Legislature deem this
10 be 100 clear 10 be dwelt upon. But, then, II
il be true, that the Constitution lorbids Stale
from alternating The smallest part IF her territory,
without the consent of her aeaOle Legislature,
would it be reasonable Interpretation OF the
Constitution, 10 permit Texas 10 ALLEVIATE her ,caoc
kSrriiorg, without the consent of her lchoe Lcg1s-
lQtuye, when that alienation can have no binding
effect whatever until she enters the Union, and is
broueh, under the jurisdiction OF the Constitution!
But if the Constitution OF Texas would confer
such an authority upon the t,eaty-n.aklng po1cer
Of Texas, the consent of onr Congress would still
be needed to sanction an alienation OF Texas
taking effect co Instant that she becomes STATE
If The Union, and Simultaneously parts with that
very capacity Of alienation, which brings her
hiiher, except through the consent of Inc 1cdole Of
nc functiondrits which our Constitution SO imPe-
ratiyely exacts submit it, therefore, il or Com
gress possesses any capacity 10 give such consent.
Besides, if all these obstacles were surrounded,
now is the difficulty | have previously suggested
% be obviaed, that the treGiy-making po'ccr OF
Texas could neither deal with, nor plight the roih
Of, Texas to any other department than the treaty.
making po,rer of the Z. Ssaies?
In the enumeration | have made OF the in
stances in which the power of Congress IS excln-
',re in its action upon the States, You perceive
hat there is one that refers 10 the agreements or
which may We made between States, or
between State and foreign power il Congress
yiyes its consent So much OF the Constitution
IS contains this provision reads thus
'No STATE shall, ,oittoat the consent Of Congress,
ntcr into any agreement or compact 1c.th anoiheT
STATE Or WITH 4 FOREIGN POWER"
What description OF Compacts are these, and
whatmay be the subject matter Of them2 The
Constitution does not say; and making no spe-
,ihcations, il assigns no limits. II forCzlts any
without The Consent OF Congress" and the CO.
IL, tr,.tn
sent" which the Constitution does not prohibit
We have seen already, that New State may y
be formed by "junetioa of two or more States, :
with the consen, Of Congress. Such junction"
however must have resulted from prior compqet
between these States thus 10 be consolidated. Is
he consent of Congress 10 precede or foho1c these
campacls? should say either, no matter which;
though in other cases as where ''the Gdriec and
consent o( he Senate" is needed, the construction
has BEEN that the consent" is 10 io!ow the act 10
be done, and The "adrice" is 10 p'ccede, and thus
share in The doing Of II.
Wel-a State may max. a Compact with F0-
reign Power, il Congress consents provided, II re
no; done by Treaty, ior that i forbidden, nor by
an Alliance, for that is forbidden. nor Confedcra-
ion for that is also forbiddea. But suppose tho
compact proposed be a Junction" a eoasOlia0-
ion, fusion (f may say SOY of the Frs'g"
State into the D6Meatc STATE oy terms OF cohl-
pact which annihilalc the Nationality and Sove-
reign,y, and even the identity of the Fareisn
State, except what she shaIesin common with the
Domestic Slate, under the Constitution which has
been, or is 10 be adopted to receive her, and that
Congress consents 10 such a compact This won!d
Be onnerafion-woud j; be validl Whatforhidsl
Not the Constitution, assuredly-for this would
be neither Treaty. nor an Atiancc, nor eoatcd-
eration but compact. A compact Of surrender, Of
junction, of Union, Of constellation What iorbids
such compact being formed between Texas and
Louisiana, If Texas aud Louisiana and Congress
CONSENT Mind ye-l Go not say it would be E1-
pEDENr or that there would he The slightest prob
ability that the common consent oflhe three Sove-
reigniies concerned would be allainable. think
not But the mere poret Of compact, TO efiec, such
a junction, exists in the Constitution, though il
may doze away, there, in Rip Kan WimAc in
erlness, until doomsday I've introduced il here,
as another illustration of my position, that THE
ANNEXATION OF Texas come when II may, and as
il will CAN NEVER EE ACCOMPLISHED WITHOUT the
CONSENT OF CONGRESS
The course OF my argument throughout the dis