Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-03-15

Der people he, therefore, we can acquire territory on
BY the exercise Of the treaty power virtually acquire b.
Legislative authority in the form Of admitting anew State int
the Union Here practically conflict of powers the re
suit Of the doctrines of the present day. ad of deparn
from the just and weesabished rule that the construction
the Constitution to be made with reference TO the whole in
strument and to be such to give effect 10 all OF its pov
sions, that there shall be collision conflict between
different portions of it, This rule is applied its full fore
by those who deny that the Constitution authorizes Congress
pass this resolution 1t leaves the treaty power the
ercse Of its proper Junction. that of acquiring territory and
the Legislative power It's appropriate function, that OF admitting
into the Union State when thus constuiionaly acqur
ed In this way full effect is given to the different power
conferred and such Interpretation is given the nstru
men to preserve the harmony of its different parts Thi
resolution the existence Of rival powers dsturbs
harmony which ought to be maintained and produces dv
sions, perplexties and collisions. 8a
But, Mr.. President before proceed further in aluding
other which may be given the Interpretation
of the Constitution which this resolution is founded
desire to devote few moments to the consideration of thu
clause relating the admission Of States in the light
the literal meaning which has been insisted on and think
shall be able show that this Of argument will lead
consequences not oreseen by my friend from Pennsylvania
Mr. BUCHANAN who has ably urged it. and that he will
be forced to abandon it, pass the good old rule thai
the object of the trainers Of instrument should be carried
into effect and that to ascertain it, reference may be had Gas
in the Of sautes to the old law, hc mischief and the
remedy) and to conemporaneous history and exposition
will consider the clause in the light of literal interpretation
II insisted that the language is plain and clear that il
neither demands authorizes, admits of construction
New States may be admitted by the Congress into this
Union These the words They necessarily imply, il
Is said full authority to admit other States into the Union,
wherever they may be- and whatever may be the character
COLOR language, habits, customs of the people, There is
no restriction upon the power need of construction TO give
meaning to the words Let consider the different
parts OF this sentence and whether they do require
interpretation.
n" Ne,o States may be admitted" &c What is ne,c
State The term ne,c, literally understood, the
verse Of the term DID, It State which is not DID,
no nrayn Sfafa
not other States may be admitted which moved by Mr..
Sherman in the Convention, but adopted 1t neac
States Now, if the word is to have of its literal
ngs given to it which is State not previously existing in
organized form, then Texas cannot be admitted for she
old State and has existed for many years Independent
State naton and been recognised and acknowledged
such In reply to this will the Senator from Pennsylvania
that the word nec is be understood with reference
10 the admission OF State into and its consequent connexon
with the Union that il means State not previously
forming part OF Oonfederacy but afterwards admitted
as ne,c member Will he say this And this he say,
or this resolution be entertained If he does then he
at once abandons the literal meaning, and steps into the
gon OF construction He abandons the form Of expression
and looks to the substance He inquiries what the object
of the clause He ascertains that extend the limits
OF the Union by adding ah6r States 70 il and this he learns
by reference to other parts of the instrument and to
tempoaneous history and exposition, and thus by consc-
ton he applies meaning the word variant from what he
supposes to be its literal meng to carry into effect the spirit
and object of the clause. Ia the construction which give
the clause do 60 Ear this | adopt which is
in perfect harmony with the words while promotes the OBJ
ect designed to be attained appeal then, to the Senator
and ask him whether ne proceed single step with this
resolution without consulting the Shirt instead of being
fined to the letter of the clause and without interpreting that
which he said did need Interpretation And what would
become of the resolution if he should adhere to the rule of
literal Interpretation
s'Nsw SrsrEs may he admittel" What Is State ?
The Senator has read definition of one from Vate and
which embraced Texas is body society of men asso
ciated or united together for the purpose Of promoting their
mutual safety and advantage and the inhabitants of Texas
SO associated But all States not alike In their assoca
tons and form of government Can any Stale with any
form of government be admitted into the Union literal
Interpretation Of the clause would justify it. The power is
general nep States not some new states TO the exclusion
Of others Will my friend from Pennsylvania say that it is
only such States adopt republican form of government
and submit TO the provisions Of our Constitution which be
admitted Whence does he derive the authority for such an
Interpretation II is not the literal meaning of the words
he obtains from other parts of the Constitution from its gen
eral spirit and meaning This however, construction
liberal construction. 1t is indeed correct construction, but
made at the expense Of the rule suggested by him. and he
it, that Mot which needs Interpretation should
not be interpreted There is further difficulty in applying
the strict rule Of literal Interpretation the word State
here used The supreme Court have decided that is not
% be understood explained by the writers the law of ma
lions that the definition meaning Of the WORD State s
given by hem is nappcabe the States of this Jion u
der our Constitution Hence It becomes proper subject of
inquiry, what he understood by the word State as
used in this clause For this purpose reference may and
ought to be had the whole instrument objects and spirit
and to other parts Of where the word State be found
and thus meaning be given by fair and legitimate
fon, without being confined to the letter Of the clause Have
the opponents of this resolution insisted upon any other rule
to ascertain the meaning of this clause Of the Consu
ton And the friends of the resolution necessity COM
PEELED to adopt the same rule.
New States may be "admiffed What is the meaning to
be given to the word admitted? Il has several meanngs-
such received erected formed and many Others In what
TO be understood here That matter consrc
honnot of literal Interpretation. II is to be understood
as to eectuate the object designed to be attained And that
in my Judgment will be best accomplished by considering the
word synonymous with the subsequent words in the same
clause, formed erected" The clause begins new States
may be admitted by the Congress into this Unon but no
State shall be formed erected within the jurisdiction Of any
other State, &C. The word neC used in reference
both to the admission and the formation and erection of new
States and the power to admit and and form is APP
piled to all the States The words consequently are to
have the interpretation and therefore say with pro-
pety that Iowa and Florida ask for admission into the Union
and bills pending to authorize States 10 be formed
and erected out Of these territories and 10 be admitted States
into the Union Here again tho rules of consrc
ton and apply them TO this word in the clause.
New States may be admitted into this Union, Is there
no room for construction here The Senator from Pennsy
vana says adhere the letter. and therefore by force
of this clause Congress may admit any foreign nation any
part OF the world, which shall adopt republican form of govern
ment and when admitted will lawfully be sin the Union
But the Senator from Mississippi, (Mr HESDEasoS who
advocates the passage Of this resolution startled this literal
Interpretation he feels himself pressed by the
which may result from the exercise of such unlimited pow
er that he confines TO territory conemnous with that the
United States and he at enters within the precincts Of
construction While the Senator from Pennsylvania insists
that State having republican form Of Government NAV
be admitted into the Union the Senator from Mississippi con-
fines to conermnous States And how TO be ascertaine
which Interpretation the correct By APPLYING 10 both
the ordinary rules Of construction established ascertain the
true meaning Of the words used and by then determining what