Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1845-02-07

of nnv othcr State nor anv State be formed by
the junction of two or more states, VI ParS VI
States, without the consent OF the iegslatures OF
the States concerned, as well as OF the Congress-
1t is quite impossible to read ths clear ana eX'
net provision. without seeing that Congress had in
view two forms in which new States might be Gre
ated and admitted into the Uuion LIST, They might
be created ont of the Territory which the United
States possessed, and in regard to which the orr
ginal stipulation was, that it should be formed into
States in due time, and those States admitted into
The Union. Cd, New States might be formed by
the division Of an existing State, or by the june
ton of two or more States or parts of States; but
in this case the consent of the Legislatures of the
States concerned was made necessary as well as
that Of Congress
1t is plain and manifest that IN all this there is
not the slightest view towards any future acquls-
ton of territory.
The constitution was made for the country, MS it
then cXisted--that country thea embraced both
States and Territories, and it would he perfectly
hopeless task to seek TO find, in the whole nStru-
ment, any manifest ayowal, or any lurking inten-
ton to bring any thing into this Union, not already
belonging to it, either as State or Territory
The Constitution was no more meant 20 en-
brace Texas, than to embrace Cuba, or Jamaicn,
or Ireland. And it would well become those who
are now making such efforts to torture the Consti-
tution till it shall to confer authority never
IL,
better with the political history Of the period of
its adoption.
The old confederation took effect in July, I77S,
the third year Of our independence. During the
war the thirteen States had manifested desire
that their cause should be strengthened by the
junction of Canada. There was, as all know,
very able and powerful address from the old Con-
gross to the inhabitants Of that province and the
door still kept open for Canada TO come into
the Unor. BY the eleventh article of the Co fed
Grafton it was expressly stipulated that "Canada,
accedng to this confederation, and joining in the
measures of the United States, shall be admitted
into and entitled to, all the advantages of this I'm
ion." rhen follow these words but no other
Colony shall be admitted into the same, unless such
admission be agreed to by nine States' Nine out
of thirteen thcn being two thirds of all the origi-
nal States, were required to assent, before new
State could be brought in. Thus stood the great
princp pie of our Union, when the present Constitu-
ton was framed, in 1857. AT that time but sub
seQucnt to the date of the articles of confederation
the United States, as We have seen, had acquired
the vast territory norhward of the Ohio and stipu
lated that it should be formed into States
The old provision in the eleventh article of the
confederation was omitted in the new Constitution,
and provision made applicable, and only applica.
bic, to States already in the Union. and territories
already possessed by the United States.
We see, then, that under the confederation, new
States might come in by the consent of two thirds,
ana not otherwise. We see by the present Consti.
tuition, provision is made for the admission of new
Siatcs formed out Of the existing territory or out
of other existing States, and not otherwise. Is it
not most manifest that if the trainers Of the Consi
tuition had looked to the admission of new States,
to be formed out Of territories afterwards to be
quired, it would, at least, have guarded such pur-
pose, and such power, by such n limitation at
least, as should be equivalent to that on the same
subject, contained in the confederation?
The advocates Of the annexation of Texas are
driven to the necessity of contending, that new
States may be admitted, formed Of territory out OF
the original limits of the United States, although
the Constitution has carefully and sedulously o.
uitted and rejected the eleventh article of the con-
tcderation and has made provision of its own,
the end and design of which cannot be misunder.
stood or disregarded without violence to lain
terms and clear language as well as ignorance of,
contempt for, all the contcmporaneous history of
the country.
They are obliged to contend, also, that this con-
stitutonal authority, raised by feeble and forced
construction, by unlounded Inference aud remote
analogy, extends not only 10 the admission Of ter
ritories or colonies of other Independent nations,
but to these individual nations themselves; in 9th
er words, that Government formed for the protec-
ton and benefit of the United States, each one of
which States is enumerated and set down by name
only add to the number of these States but may
also bring in foreign power, with all its own Pc
cullar interests, connections, debts and Liabilities,
not only without the consent of two thirds Of the
States, or majority of the States, or indeed with
ont the assent of any one State already in the I'm.
ion, acting in the capacity and manner in which the
people of that State came into 1t.
1t is idle to say that the assent of the people Of
State, in great and fundamental question like
this is to be proved by or inferred from, any vote
of its representatives in Congress No member of
Congress is sent there for that purpose, clothed
with any such authority. 1t is, indeed, extremely
doubtful, if the question be not clear the other way,
whether any State Government organized for the
common purposes of State Government, could
give the assent of such State to the coming in Of
a new partner to the Union. When the people OF
Massachusetts gave their consent to form poi
cal union with Virginia. New York and Pennsylva-
MA under the present constitution, that assent
given not by the Legislature, but by Convention
Of Delegates chosen directly by the people, for
that single and express object, and no other and
with authority, therefore, to bind the people in
manner to which no other representative body was
But it would seem to the members of this Con-
vention that if any thing can be more clear than the
want of all constitutional authority to annex Texas
TO the United States, it is that the form in which
such annexation is now attempted TO be brought
ABOUT, Is an undisguisFd ana open violation OF eX
press constitutional provisions.
A Treaty for the annexation Of Texas to the u
nited States, negotiated last year, between the
President of the United States and the Texan gov
eminent, and laid before the Senate FOR it's const-
tutiona ratification at the last session Of Congress
1t sent, like any other Treaty. and required, of
course, the concurrence Of the same proportion of
Senators other Treaties require to wit two thirds
of all present.
A I Ill
shown, had been already expressed and sgnfed to
Texas, that the concurrence of that number OF
Senators was certain. After many weeks of de-
BATE the treaty was rejected by vote OF thirty five
to sixteenth thus appearing that not only had two
thirds of the Senators not voted for it, but that two
thirds had voted against it. Here was supposed to
be an end of the treaty. but no sooner was Con-
gress assembled, at its present session, than joint
resolution was introduced, declaring that this rea-
ty, the ratification Of which had thus been decisive
ly refused by the Senate, the only body which
could constitutionay give it ratification, should,
A. Al. Al