Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1845-02-14


that Congress shall have power to dispose Of.
and make ell needn rules and regulations re-
specting the territory of the United States This
gave the authority Of governing the territory as
territory, while it remained such And in the
same article it is provided as follows.
ART. A, Sec. 3: ''Ncw States may be admit
ted by the Congress into this Union; but no neaO
State shall be formed or erected aoithin the jris-
dction Of aay other State, nor any State be form
ed by the junction Of tco or more States, or parts
Of States, 'oithout the consent of the legislatures
the States concerned, as nell as Of the Con-
greSs"
1t is quite impossible to read this clear and ex-
act provision, without seeing that Congress had
in view two forms in which new States might be
created and admitted into the Union. LIST, They
might be created out of the territory which the
United States possessed, and in regard to which
the original stipulation was, that it should be
formed into States in due time, and those
States admitted into the Union I'd, New States
might be forme6by the division of an existing
State, or by the junction 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 we'll as that of Congress
1t is plain and manifest that in all this there is
not the slightest view towards any future acqui-
sition territory.
The constitution was made for the country, as
it then exised-that country then embracing
both States and territories; and itwould be per-
tectly hopeless task to seek to hnd in the whole
instrument, any manifest avowal, or any lurking
intention to bring anything into this Union, not
already belonging to it, either as State or ter
ritory. The constitution was no more meant to
embrace Texas, than to embrace Cuba or ia
maica or Ireland And it would well become
those who are now making such efforts to tor
ture the constitution till it shall seem to confer
authority never intended by it, to acquaint them
selves somewhat better with the political history
of the period of its adoption.
The old convention took effect in July, 1878,
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
Congress to the inhabitants Of that province and
the door was still kept open for Canada to come
into the Union. By the eleventh article Of the
constitution, it was expressly stipulated, that
Canada, acceding to this confederation and
Joining in the measures of the United States,
shall be admitted into, and entitled to- all the ad
I vantages of this Union. Then follow these words
but no Colony shall be admitted into the same,
unless such admission be agreed to by nine
= States Nine out of thirteen, then being two
thirds of all the original States, required to-
0 assent, before new State could be brought in,
D Thus stood the great principle of our Union,
: when the present constitution was framed, in
: 1897. At that time, but subsequent to the date
the articles of confederation, the United States
= we have seen, had acquired the vast territory
: northward of the Ohio, and stipulated that it
;, should be formed into States.
/ The old provision in the eleventh article of
: the confederation was omitted in the new con-
: stitution, and provision made, applicable, and
only applicable, to States already in the Union,
81 and territories already possessed by the United
J. States .s.-
t. We see then, that under the confederation,
g new States might come in blythe consent Of two
% thirds, and not otherwise. We see by the pres
9 ent constitution provision is made. for the adj
d mission OF new States, formed cut of the existing
l. territory, or out of other existing States, and not
II otherwise. Is it not most manifest, that if the
e trainers Of the constitution had looked to the ad-
at mission Of new States, to be formed out of terri
$ tories afterwards to be acquired, it would, at
IL least, have guarded such purpose, and such a
A. power, by such limitation, at least, as should
S be equivalent to that on the same subject, con-
Il tanned in the confederation!
The advocates of the annexation Of Texas are
to driven to the necessity Of ccntending that new
States may be admitted, formed of territory Out
of the original limits ofthe United States, altho'
IN the constitution has carefully and sedulously o.
It's mitted and rejected the eleventh article of the
It's confed Grafton, and has made provision Of IT'D
own the end and design Of which cannot be mis-
~ understood or disregarded, without violence in
Of plain terms and clear language well as ignor'
he ance of, or contempt for, all the contemporaries
Gus history CT the country. Uf
la They are obliged to contend, also, that thi:
e- constitutional authority raised by feeble and fore
" ed construction by unfounded inference and re
IT'S mote analogy extends not only to the admission
es- of territories or colonies of other Independent
lot nations, but to these individual nations them
on selves; in other words that government form
nat ed for the protection and benefit of the people
his the United States, each one of which States
@ enumerated and set down by name in the con
he stituton of the United States, may not only ado
to the number of these State, bnt may also brinj
the in foreign power, with all its own peculiar in
ing terests connections, debts and liabilities not
lde " without the consent of two thirds of tn
hat States, or majority of the States or indee
out without the assent of any one State already in tn
ex- Union, acting in the capacity and manner
one which the people of any State themselves cam
into it, aa lfpn
T.. Al A.. Il 10 Ia