The New York herald., 1845-02-17

tempated by the trainers OF the instrument to the
admission Of the inferior class of these corpora
tions, 10 the sovereigntles and privileges Of the
higher class, 10 the admission into the Union as
States OF the Territories Cat the time OF the exer
| else of such act of admssion), within the juris
| dction of the federal government TINS clause of
the Constitution, anthorising the admission of new
States, was inserted with the express design of APP
pyins ,S .ne northwestern territory OF Virginia
me county OF Augusta, also then part OF Virginia.
out now the State OF Kentucky-the county of
rTankland, now the State Of Tsnnessee-the State
~ veimont, then a part OF New York--the State
ol Maine, then part OF Massachusetts, &c. II
was with the view of providing for these conn-
gencles that the clause for the admission of new
states was Incorporated into the Constitution, and
from the necessity that no such provision existed
IN the articles of confederation 1t had no app-
cation to the admission of foreign colonies, as
tra-distingulshed from new States; but applied
extensively to territories within the jurisdiction Of
the United States at the time of the act of their
ADMISSION as States into the Federal Union.
VI all the constructions of law, or an act, or
clause thereof, merely literal construction, Mr..
n. had learned from the Commentaries OF Black
La illustration OF this. he related an anecdote OF
me literal constructions OF an old law in Spain, in
the time Of Puffendorf, which enacted that if any
man should draw blood in the public street, he
should suffer the penalty of death. A surgeon ac-
cordingly, under this law, having bled a man in
the street, who mad fallen in tit of appopexy was
his infraction of its literal application. He had
drawn blood in the public street, and from the lit
era construction OF the law, the penalty was inev
liable. The example was applied to the literal
construction given by Mr. Buchanan 10 the clause
IN the Constitution, providing that "new States
may be admitted into the UniOn,' DC. IN his
argument of yesterday. Mr.. r. related another
similar example OF the folly Of merely literal IN
terpretation of fundamental law. BY one of the
European governments, in ancient times, law
was passed providing that, m any. cause where 1t
that they should desert their ship in storm, or in
distress,-and that 1t from any cause any person or
persons whe might remain on board, and bring the
ship safely into port. to him or them should be for
teited the cargo and the vessel. While this law
was IN force, certain ship was dsmantled by
Storm and, for their personal safety, was deserted
by the crew, excepting one invalid, who was ply
sically incompetent to leave the vessel. He was
LETT in the ship accordingly, and by lucky crcum-
stance the ship drifted safely into port, when,
der the literal construction of the law, the hulk and
the cargo were claimed and awarded to the inva-
| lid invountariy remaining on board Mr.. r. how.
ever, while ne maintained the lncompetency OF
Congress to incorporate into the Union, new
States from f.reign territory, conceded, that
power, the Federal Government had the
oower 10 acquire foreign territory, such
territory, after hslng so acquired might con-
situtionally be admitted as new state or states
INTO the Union. With recapt1aton OF these
leading views OF the application of the Constltu.
| ton To the admission OF new states. Mr. Rives
next recapltulated the probable evil contingencies
| that we're likely 10 arise from any precedent of
| forced construction of the fundamental law. The
yerv existence Of the Federal Union, was involved
| ia the ultimate tendencies of the decision OF the
| Senate upon the question under consideration. -
| Congress might assume to make peace under the
power TO declare war, and condition OF peace so
declared might be condition for the Immediate
| abolition of slavery. There was no safety to the
| South, there was no safety TO the Union, EXCEPT
under faithful adherence to the Constitution. II
the acquisition of foreign territory could not he
| compished according TO the Constitution, then he
| would say, let it never be accomplished. Perish,
forever, all thoughts of Legislative acquisition
live forever the Constitution the emily safe guard
of our peace, OF our honor, OF our happiness, and
| our Union. The eloquent Senator closed with
stirring exhortaion to his compeers to hold fast to
their integrityaud involate faith to the Constitution,
| or they might live yet to witness Its hna desruc
ton, and the burial of all our cherished privileges
| and immunties, buried with the great charter of
/ our rights In one common grave.
| For three hours Mr.. Rives occupied entire
| " in calculation OF the powers derived from the
Constitution and their appropriate construction. and
| extent OF application. When he had concluded
Mr.. CHoATE rose and moved that the Senate ad-
ourn-so that MIR. Choate has the floor upon the
| Texas question tomorrow. And, IT Buchanan ex-
! ceeded himself, if Rivcs almost unanswerable
in his exposition OF the power to admit new States,
what may We not expect Of the eloquent, poetic,
and orientslly magnificent Senator from Massachu-
sets, especially when we recollect that he split his
/ coat IN stump speech upon Texas, during the
Presidential campaign of the last summer
| Adjourned.
| House OF Representatives.
WAsHrSoror, Saturday, Feb. Is. ls45
MT. JAMEsoN, OF Missouri made personal explana-
The then to receive reports from CON
| mittees su II as would not give rise to debate
Among the reports presented was one from the men,
and Mr. Dallas and inform them Of their election stating
that they had performed the duty assigned to them and
Messrs Polk and Dallas had expressed their profound
gratitude and desire preserve the honor and prosperity
| of their country, &c &c &c.
enable him to call np and have action upon RESOLUTION
calling spsn the Secretary Of War to report upon the
mode draining swamp lands with the expense Of
draining ell the swamp lands in the Union On this he
yeas and nays which were not ordered and the
| suspension was refused.
bill for the Post Office Department and ForAcations were
referred to the Committee of Ways and Means.
On motion Of General McKAr, the rules suspended
and the House resolved itself into Committee Of the
Whole on the state Of the Union,
/ Mr. HOPKINS, OF Va in the chair
The bill making appropriations for the support Of the
Army was taken and read The first section then
/ Mr.. DUNCAN of Ohio moved an amendment to enable
him to make speech upon the bill wnich he forth with
proceeded to make saying that the present amendment
failed, then he had another to offer which provi'e
that the p'y Of officers should not exceed certain
per month He said he in favor Of reducing the ap
| navy, for we were to look to the navy; and
not to the army for our defence We did not need
proved his eoquence to be Of ordinary
wing powers tr in less than fifteen minutes after he
account Of empty benches and counting number
of memsers present. the Reporter found that Their
just persons in their seats and almost all of those
busiy engaged writing letters attention the
tor seeming to have place in their ideas all which
howevpr, made no difference to Mr. Duncan MIR, D.. in
| conclusion, withdrew the amendment to reduce the
amount appropriated and moved the insertion. a pro
viso of the rerenchment bill introduced by Mr. Black
| ofS.C.
Mr. BLACK, Of Ca asked the Chairman of the Commit.
tee of Ways and Means there not law in exist
requiring certain slsies be paid cifh ratiops
&c. He said that that being the e. he must vote for
se sp ropriations proposed until that law repealed
or amended When that question mp for consdera
on he should be prepared TO go at least part of the
but he must protest against the mode in which this
| question { Gated
Mr. MCKAY made psint Of order which was overruled
Mr. Black. offs c. expressed his hope that Mr. Duncan
would withdraw his proposal to smeDd and then discuss
the principle when the bill no regulating and
reducing the pay oocrs then they could have it DIS
/ Guessed ard acted upon.
Mr. DncMoocLE of Va rose to ask IL were in order