Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-03-01
TO THE EDITORS.

Il ,
Messrs EDrroRs Having read in your paper the reported
speech of the Hon. BueHAsAs, of Pennsylvania and be-
ievg the question concerning the annexation Of Texas to be
OF the most important that has for many years been pre-
ened to the public mind transmit TO you brief reply to
the inquiry he has propounded when he inquiries Shall
Congress- to the language Of the Constitution, admit the
State of Texas into this Union, shall Texas maintain
the position of independent Power As do not read
understand the language Of the Constitution cannot
sent to the Interpolation of Texas, be willing to leopard
the ark of political safety by being led asay in the pur-
of the lone star any other lumnay that may rise upon
| our horizon
But that may not travel out of the way will return to
the argument and leave others all the pleasure and delight
that possibly from gazing who may expect when
the sky falls to catch the lone star well as arks
Mr. BueHAsAN the whole strength Of his argument
upon the phraseology of the Sd in the 18th article of the
Constitution Of the United States New States may be adj
mtted by the Congress this Union The subsequent part
the section provides for the previous Legislative in
the specified essential to prepare the way for the act
Of admission. As the clause stands in the instrument
Mr. BUCHANAN the po,oer left unlimited to admit
States whether within the United States composed Of for
gn territory. And again he remarks, the trainers Of the
Constitution struck out all limitation of every kind and left the
provision in such unrestricted terms enabled Congress to
admit State whatever that had adopted republican form
Of Government. Mr. Buchanan asks g Can language be
palmer admit it cannot and yet may not agree in
The import thereof For he has found necessary
suit Vatte ascertain the meaning Of the word State
while consider it far better to rely the good old rule
" Nascitur sociis" The 4h article embraces several
lions the first that full faith and credit shall be given each
State to the public acts &C. of every other STATE and the
Congress may, &c. The I'd section The citizens of each
State, &cas also the of the word State in respect the
provision made authorizing demand by the Executive autho-
y State of gityes from justice and the additional pro-
vision relative persons held service labor State
scaping into another The Sd section, Immediately follow
ing the preceding of the word State, proceeds say
New States may be admitted by the Congress into this
Union " and in the section have the words The
congress shall have power dispose of and make all need
ues and regulations respecting the territory other property
belonging the United States without prejudice any claims
the United States of any particular State" 1t appears
me, from careful examination OF the 4h article it must
be apparent the word State, therein used has meaning
not to be mistaken but supposng capable of being applied
foreign States insisted upon according the authority
If Vattel the writer if consulted will also settle the
question that legislative power only coextensive with u
LECTION, and cannot exceed the territorial limits
concede that the act admitting State into the Union
elongs exclusively Congress- and being prescribed by the
Constitution, must be done by ii alone, and be effect
ID by any other power whatever without violating the Cons
non. also consider the language clear and explicit and
reference to the directed be DONE intended be
otherwise Having thus granted Mr.. B. his own PROPOSE
ion, Invested of all claim construction or inference allow
him the pound of flesh in the bond let us examine how
he will get il without drop of blood for am not willing
hat the operation should extract that of the vital stream
and much less that the wound inflicted on the Constitution
Is
apprehend, disclose the legitimate effect the constitutional
clause and show that accomplish precisely the purpose
and object for which intended BY the able and disin
yuished men who framed that instrument
We will take up the question it arises upon the
plain and obvious meaning of the words the Sd section Of
The 18th article Of the Constitution Of the United States " New
States may be admitted by the Congress into this Union
These words convey grant Of powers they only declare
and designate which branch Of the Government shall have its
action called into operation 10 accomplish the object and
be understood intended to confer power incompatible
with the intrinsic organic action of Congress- in conflict
herewith, constituted and expressly delegated and defined
BY the ls article of the Constitution The makers Of the
Constitution by the st article express what Congress con-
lists Of and declare to be vested with Legislative power
they make and constitute the agent attorney confer dele
gated power and define the extent thereof and designate
they well understood the mode sphere
and extent Of action by the agent lawfully exercising the
granted In possession Of this knowledge they subsequent
y provide in the instrument that when States are
admitted shall be by Congress. IT. then, Legislative power
its action, is limited by jurisdiction and extend be-
yond the United and its territory the direction that the
be done by Congress necessarily requires the subject
be affected be within the sphere of action and
thereby liable to the effect of the power of the agent when
called into exercise II is evident from the language used that
the State admitted be by virtue of the Of Congress-
and that exclusive of all other action for the Constitution
cognses other The subsequent part Of the section
reference part Of State States which requires legsa-
i've does not render that the efficient cause but only
preliminary the act being done which Congress
CURED do The being given the jurisdiction of the
State within the Union thereby withdrawn and the subject
be acted being within the federal jurisdiction and
under the Legislative power of Congress- the of Congress
per the State and admits il into the Union In
the have taken Of this question: the power Of Congress-
when required act effects the object without any conflict
with State jursdicton and fail produce the proper
result but when called into requon TO operate externally,
and beyond the jurisdiction of the United States, must
inevitably fall for it then have effect Therefore, APP
pehend may hence discover the why the fra
mers Of the instrument uircd States to be admitted by
congress, restricting the Of admission agent whose
hands they had deposited Legislative power well knowing that
could not transcend its jurisdiction become instrumental
IN admitting foreign States Besides the direction that
should be done by Congress excluded it from the cayna
ing power which otherwise might have assumed the right
doing the act and thus by the introduction Of foreign States
have produced the evil intended to be avoided That
right IN the meaning attach the words Of the Sd section