The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-03-19

The udtutc VI eu'"67t W. 49," f~~' "~~-~
have been conferred BY such body
Waving the numerous answers which occurred 10
this port OF the argument OF thai learned Senator
and distinguished lawyer, MIR: couiu imagine we
Senator acting professionally, aud defending ns cen
against the obligations Of bond. Inc i"s'iun'h, |
eont,ong penalty and condition, signature seal, and
subscribing witness, all valid and genunei put .re
counsel would As 10 this case take his sianu %
we're outside The bond aud look IN, IN imsg'nauo",
upon the transaction at the time Of Its sna
conclude against all evidence, IRON tho ps'u,o -
things that such bond could not have been made oy
his client His client had no occasion 10 give bohd
with SO large penalty, with such condition. bearing
such rate of interest," speedily To fall que anu
therefore the counsel would insist IL shouio oe 90
judged that the bond was not executed wouia
such argument be made, relied upon OF e''''
tanned -
The honorable Senator from Connecticut, (sir
Huntington } had examined at some length the mean
ing of the word neo' IN the article under discus
sion, and seemed to insist that HsD siais cou'o
not t an old one, and inasmuch as 1 elas oeme an
orgau.Z ed Government and a Stale oil ie" years
standing, :" new STATE, and could MOI,
therefore be admitted. Mr. ID. said, when he saw
the learned Senator raise this objection as reason
for denying the constitutional power OF Congress 10
this respect he felt treasured that there was great
dearth OF material for argument prevailing Ia "iA'
neighborbood.
The word nsl1, said (Mr. D. is relative term
The farmer leaves his farm scarcely cleared oil inc
forest trees, and enters upon one which has oeen
long In a state of cultivation, and dosignates ,he
latter his farm. The merchant changes ms
store his dwelling, the mechanic his shop, ana the
lawyer his ohice-an each in his turn speaks Of ms
tenement or location. This rs the popular ana
everyday meaning which Is gwen to this word IN all
the relations of life and have already seen, upon
acknowledged authority, that such meaning Is !" Dc
given 10 the words Of a constitution. And every adj
dtonal member admitted TO the Confederacy is a neo
Stale in its relations whether Il has before held poll
teal existence or not new TO the CoDiederacy-ne"
IN its relative existence.
The same senator had insisted that If Texas should
be admitted, she could not have representation 10
the Senate until the expiration OF pine years The iu
damental law having provided that no person should
be elected Senator who had not been for that peri
Cd citizen OF the u States. This objection, II valid,
would form argument against the proposed admis-
sion, and would only affect her representation, IL
would be seen, however, that such a construction
would at once expel the Senators from Arkansas from
their seats, and from any other State formed iron
our own Territories, which had not been Tor that
term Of the United States. The argument was
entirely artificial and tecbnics-had probably never
been thought OF before much less gravey urged upon
the floor of the Senate. The same construction
would have deprived every State in the Conederscy
Of representation 10 the Senate for nine years from
its admission.
The clause in question, as we'll as that which rela-
ted to citizenship, applied only to the citizens and
renounce their former allegiance and declare their
Intentions to become citizens Of the United States.
MIR ID. said he would barely allude TO the almost
Protean forms opposition TO this power TO admit
new States had assumed in debate.
The honorable and learned Committee upon Fo-
reign Relations admitted that the power existed and
might be exerted by the reaty-making power but
denied that II could be by Congress- until the terrific
ry should first be acquired by treaty. Others seemed
TO admit that territory might be acquired by treaty,
but that IT could not bring with 1t population Others
still maintained that large sections or territories,
could not be obtained by treaty but that small
sections might be, for the purpose Of rounding out
corners or making lines of demarcaton more TO suit
the interest convenience of the respective govern
ments; though they had not attempted to describe
how many these fractional sections ight con-
tain nor whether the Constitution as intended to
admit them in square, round triangular, or obiong
form and others denied that any territory could be
acquired under any power whatever given by the
Constitution. ,
Time would not enable him to notice these Sbiec-
lions in DETAIL and he should therefore, refer all who
denied the power to admit either territory popula
ton TO the learned committee, for their to
the existence of the power; and for that purpose,
would beg leave to turn for moment TO the report OF
the learned chairman, (Mr. Archery
In speaking Of the power given by the Constitution
TO admit new States, the report says:
The committee, or a majority, (and when the de-
signaton employed, it is desired that it may be
Sarded as importing only msjoriiy,) entertained the
uDdoubtng opinion, that not on what have received
the denomination Of lattudnous or liberal principles
OF construction of the Constitution only but in con-
iormy win the strctest, the power in question is
clearly TO be derived"
And IN discussing the power to admit both terri !
tory and population, il adds
MAY, then, foreign population be introduced in |
mass lno the political community of the Union' Is
q "A n do HE ,I,f,.p ..s al.
ers of political subsection, follows according to the
usages of nations, the condition of the territory to
which il is attached. The modes of transfer may
vary. Conquest may dispose Cession. Whatever
the mode, however the law applies, the population
goes along and is embraced in the condition IL ter
rl,ory may be received, then so may population its
concomitant and adjunct The committee find no
room therefore, for distinction as regards population
or territory, in reference to the question Of the DOW
er oil the Government to introduce them into the
Union"
The report, then, having fully conceded the exist
ence OF the power to admit both territory and opu-
atlon was only necessary he should discuss with
the committee which particular department of the
government was authorized to exert it-they insist
ing that 1t rested exclusively in the treaty
power, and he conending, with others, that il was
clearly vested 10 Congress, though he admitted il
might be exerted by either.
10 maintaining for Congress this rower, he would
refer again to the plain letter the Constitution and
from thence to very able speech delivered at the
last session of Congress by the honorable chairman
(Mr Archery upon the treaty for the annexation of
Texas-a speech in which that learned Senator had
fully, ably and truly maintained that this power was
given to Congress by the Constitution and had passed
a just and forcible commentary upon constitutional
I" He admitted, then, power in our Government ,o
acquire foreign terrory-whether original or in.
duced, it did not matter to inquire The power, as II
had been most benefcially exerted admitted of re.
sort again. IL exigency should demand as in the case
oil LOUISIANA, or advantage persuade that of the
two Floridas. He went still farther He recognised
the authority to admit foreign States into The Con
lederacy. He knew the grounds on which this pro-
position had been denied denounced and made the