The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-03-28

d
erecting sanctuary for refugee provinces OF un-
ynking such a. might wish TO be admitted INTO HE
Union The object Of the power Is not 10 make States
independent, but simply 10 admit independent STATES
1 into the Union. Not so in relation To Canada, IN
der the confederation The provision for receiving
her was a measure, directed against pubic en-
envy, to weaken bin and strengthen ourselves. And,
| as have already intmaied, like provision IN the
Constitution would have been act of oncnce anu
aggression. The power, In the present Constitution,
is Of far different nature. Ii Is peaceful power
Is office. and purposes e between free and indePen-
dent States, a. TO the rest of the world between
whom other nations have no right TO interfere hno
yet repeat. the convention had most delicate ask
| TO perform. For though the peaceful nature oil the
power well understood by the world II wooiu
naturally be supposed that obeyng the usual instinct
Of nations, we would not be oyer-scrupuous IN sen
ing upon pIaus bic prete1ts for exertiDg II. Ana
in lis faithful honest use is calculated, In no
very degree To affect the hopes and eHpccta-
tons OF neghborng people, disposed to strike Tor
Independence. This the trainers of the Constitution
saw or, rather iei-situated they were ana,
although they could not, for moment, think OF
emitting the power, yet they have been strongly
indsposed to advertise II TO the world.
! After considering we'll what has been said, LET any
one undertake, in Imagination to improve the Ian
guage OF the Constitution He will how DIM
cult II was for the trainers oftbe Constitution 10 say
enough, without saying too much. They had, uuy,
TO take their pound Of flesh, without shedding drop
OF blood.
| have thus, Mr.. Chairman, shown the committee,
by considerations Of resisess force why The trainers
OF the Constitution surprising they meant To exlend
the power to external territory could not yet, Tor
moment, have thought Of designating, by name, The
neighboring colonies. Will gentlemen now be good
enough 10 show why, If they meant To exclude To-
reign territory they did not say in express terms
Not one reason can be imagined But there are rea-
sons to the very contrary. The question was made
and party for the restricted power and fthat
party had prevailed, they would have seen mat the
language the Constitution should Indicate the fact
IL therefore appears, the argument on the other
side is 10 get help from contemporsneous facts and
exposition.
But more special objections having failed, we are,
last resort met with the rule OF strict construc-
ton. | think shall be able to show that that rule
cannot apply 10 the present The rule applies
to the regular, enumerated governmental powers,
taken from the States and allotted to the Federal Go
yernment, in It's different departments for the trans
action OF the ordinary current business OF government
and administration. The power to admit new par
lies into the compact of union, IS not government
power either legislative, judicial, executive. IL is
power si gensris in lis nature, distinct from all 9th
els known to government; standing by itself In the
Coz sttution, without fellowship with otter powers
Intended for no ordinary vulgar business OF govern
menI and administration; It was expected to lie IN
repose throughout long periods Of time, and then come
iorth TO meet some great emergency OF nations Be
fore ap lying ordinary rule of ordinary affairs, TO
an anomalous power like his, il would be well to
deliberate. Let consider the matter for mo-
ment.
The union between the States was a remedial mea-
sure In It's origin, 1t sprang from no views OF posi-
tive good or advantage. Such views doubtless
recomme ndaons, but did not operate as causes. The
causes OF union 10y IN the apprehtn sion of momen-
tons evls-dlscord, turmoil, anarchy war, among the
States All these evils Of our fathers summed up IN
the word disunon. Ii you look into the Federalist
GnlI 4 nd ia lav
at the bottom of the Constitution, and produced both
that and the Articles of the Confederation conss ed
IN contemplation Of the danger Of neghboring
pubics, existing in a state of dlsunon. Grecian his
tory was ransacked find illustrations of he incalcu
liable and inevitable dangers OF such state Of things
Dangers from abroad-dangers from jeaouses and
collisions al home-dangers from the insidous inter-
terence OF foreign powers, were the burden of Mr..
tfamtons appeals to the patriotic men of the coun
try. Neghbonng States, said he, after Maby the
natural enemies OF each other. The States Z" dis
united, will live in perpetual war, or the continual
dread OF IT," The Articles Of Confederation de-
clared the Union should be perpetual" The new
j Consli ution sought to to make a perfect
| Union" provided for its own amendment, but not
! Tor repeal of the Union The confederacy would
not imagine its own death | contend, therefore,
that all presumption is in favor of the principle Of
union, as a general idea, between the States and
contiguous republican States. Now the power in
question is to give effect and operation to this general
1 u
no function, office, faculty springing from the
union; but having all its about those prim-
ordeal causes from which the Union itself sprang
And this the profound conception of Mr. Madi-
son, when in reply to the objection against the ex-
tent Of country, he said The immediate object of
the Constitution is to the union of the thirteen
primitive States, which we kno,o to be practicable,
and to add to them such other States may arise in
their bosoms, or in their neighborhoods, which we
cannot doubt to be equally practicable" We have
la making powers treaty making powers constitu-
ton making powers, and here have union ma
king power.
II would seem, therefore, that the rule of strict
construction is not the reasonable rule Since disu-
mon between Kentucky and Texas is fraught with
the same dangers between Kentucky and New
York, the arguments for union apply alike in both
cases Indeed, unless Texas be admitted, dsunon
already exists among the North American republics,
threatening us with all the calamties calculated to
flow from such a state Of things.
| must not, however, be understood to mean that
there are no considerations that should operate TO
limit the number and enlargement of the States such
as bordering dest rts mountain barriers, where the
| Union had already greatly extended its domain. |
mean no more than what undertook to show that
prior to such considerations the presumption would
favor the admission of the State and that the
authority of Congress to admit, is limited only by its
discretion.
While, therefore, the language of the Constitution
is broad and comprehensive contemporaneous hsto-
ry and construction, and just view of the causes
that led to the Union, go concluslvey to show that it
is no broader or more comprehensive, in point of
fact than it was intended it should be-
If, then, it be conceded that the admission of a
State external to the original limits of the Union be
in itself constitutional the question next arises where
resides the authority in this Government TO consum-
mate the measure'
| And when look into the Constitution and see it
there provided, " That new States may be admitted
by the Congress into this Unon," | struck wi h
amazement that any question should ever have been
made about the matter. But the question is made
and gravely argued, too and there is no alternative
but to meet it.
And shall proceed to argue this point, by first
remarkng that one all pervadng msconception seems
to have prevailed throuQh out the discussion on this
floor. This Government has been made the aciipe