Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-01-28


as question Ii is further generally understood
here. that Messrs Dickinson and Dix, the New
York Senators, will doubtless sustain The parry
on the question. If this be true, nothing can
prevent remuneration this Winter, 50 far as The
United States are concerned Yours truly.
To tie Editors Of TIC Enquirer:
THE RANDOLPH EPlSTLES.-Ncr Series.
No. w.
".Ecr States" 0nd OH Substitute Island a
Foreign State wacn admnici-.S IF North Ca
go!iRa-ITc Siaics IN tic Union arc IN menu
respects forsigu /, eath otder-IK States moy BE-
0dmiula-1Nc History Of TINT Clause M.
TfJstcr's Worcester Lcthr-I1c Ftdcrotia-
Col. Hami,,oms RcplytO General IIashinston-
His Letter 10 NcHmv-Ihc Exercise 81 fEc
Po,cer - Louisiana - FIorida - The Supreme
Court nS@rtsMc Porer-.Elp TIC F'orida Ifea-
IL 1-as ANONYMOUSLY rat;fed-.1ir. Webster az
authority for annexation, &c, Sc.
WASHINGTON CRY, Jan. Il, 1915
Dear Sirs Notwithstanding the snail-gait
progress one makes under The cautious and wary
counses OF the fcsiina cntc maxim, we have al
last reached the Constitution, and, opening lis pa
ges in quest OF power TO acquire F6reGa Terri
tory, the first clause which arrests our attention,
ard which is pertinent 10 the cordm 1Raifc mat
ters We have now 10 deal with, is the following:
"Ncrc States may be admitted bv The Congress
into this Union, but no new State shall be formed
or erected, within the jurisdiction OF another State,
nor any State be formed by the junction OF two
or more States, without the consent of the Lcgsla-
lures of the States concerned, as well as OF Con-
gress."
''Ncp Statcs" that implies that there were OH
Sialcs-Which were they Very certainly, all
those which ratified The Constitution, subjected
themselves TO lis provisions shared in the or
gan;2a,on Of The Government thereby establish
ed, ana submitted 10 its authority when il went
into operation on The iih Of Marcl, 1859. Bui
be il observed, that Rhode Island was not repre-
scented in the Conren,on-nor in any wise shared
in lis proceedings. Nor did she become mem
Der of the Union which The Constitution esla-
blishcd; and actually declined 10 call a Convcn-
tion 10 a,ify and adopt il, earlier than May 1890
when she entered the Union; which was Yearly
three years a!ier the Constitution had bsen form
ed, and more than one year alter the Constitution
had gone into operation. VIVA, then was Rhode
Island al nterim in reference 10 both The 60
States and the worldi She was STATE most IN
doubleJlv, or she could rot have been received
into the Union in the plight she was in; Tor none
but States could be members thereof. Yet, in
fact, she was SO received, and Just as she was. -
She was not a STATE Of The Con federatton; for
that was dissolved hv the secession OF a majority
of its members, VINO had formed new con!edcra-
ton. She was not STATE Of his Union for she
had refused 10 become So, and was, in fact OFT
OF the Union But she was not dependent upon
either the members of the old Confederation or
The members Of the new Union-bul collected
her own revenues through her own Customs,
which remained in her own Treasury till appro
priaied under her cwn laws. She regulated her
own commerce-she lcgislaled for all her inle-
resls-she exercised crelvsircu tie irho', Eyecu-
tive and Judicial power which peItained 10 her
in any ca paclv-she was free 10 enter into Trca-
ties, and make war or peace nd hbitrn with any
Other power wilhoutihe rghlul 'let or hindrance
of any, in fine, she bore the other States no mu-
ncipal or domestic relations whatever still less
was she dependant on Great Britain, who mad
expressly acknowledged her INDEPENDENCE, in
the Treaty OF Peace OF 7S:5
Dependant then on none she was necessarily
Independent OF all and just as Sovereign as she
was bdcpcndeaf: and possessing no municipal or
internal relations with the Union or any State in
or out OF II, she was most assuredly FOREIGN 10
them all; and, whether separate or in union, Just
as she was FOREIGN 10 all other nations OF the
world. This maintain 10 have been the fact and
the law OF her condition al that time, and such they
would have been still, had she remained until now
in the aatas quo she then was. Well as Fo-
REIGN State Rhode Island knocked at the door Of
the Union in 1890 having dotted her FOREIGN
IsM-[tor this coinage, my cxigency "and not nv
will consent" = and having surrendered such
portions Of her sovereignty as the other States had
surrendered before her, that door was opened 10
her-and with all the talnt Of her CHARTERIsM
about her, she walked in and took her scat as one
OF the Federatve sisters o. the Union. If prece-
denl may become The exponent Of power, and i'm
port obligations where policy approves, what for
bids Texas entering The Union Just as Rhode
Island did, if Congress consents? Texas is not
nor could be, more Foreign TO the Union nor.
than Rhode Island was then, and the constitution
al argument is Just as sound and as available 10
admit The one as The other. Forcignism (asaiaD
IS qualified or relative, nor can be; but abso-
Lutte or nothing. To the objection, that this ar
sument al most applies 10 The annexation OF Tex
as as Foreign STATE, ! answer that there is no
thing in il; for, come as she mar, and when she
may, she'll be very ap, 10 bring her Foreign Ter
ritory along with her-and this being The case, it
is mere clubbing 10 distinguish between her CON-
ing into The Union DOMINIC the robes OF sovereign
~ INSIDE, or arraying herself in those robes OUT
SIDE (as comey and digned maiden should
do,) and s;riding in, fully dressed, for the ceremo-
NAL. II is all the same when she gets in-'all
the same hundred years hence"
Rhode Island then, entered The Union as a
CUUNuNtIDH,
lhoughan Old State in reference 10 the Revolution
and the frst Conl.dcracy; and also Foreign State,
in the sense ofthe public law ofthe world
What has been said OF Rhode Island and her
relations is applicable 10 considerable extent TO
North Carolina She indeed had been represent
ed in the Convention; but then her State Conven-
ton fcccicd the Constitution in l7SS, and she did
not enter the Union until the latter part of the
year 1889.
But go further, and maintain, that cccn tic
States in Tic Cn'On arc Foreign 10 eaed ether in all
respects, and in those matters of jurisdiction,
whether Executive, Legislative or Judicial in
relation 10 which, their sovereignty has not been
impaired by the surrenders they have made in The
Federal Constitution. That all their sovereignty
has not been surrendered, every one may see,
who will turn 10 the Constitution itself Judge
Story thus vouchsafes his high sanction to the or
thodoxy oflhis doctrine:
each State is absoln!ely 9rercign, in its poli-
cal organization and government and dominion,
saving and excepting only so far as there is hr,it
cd supreme sovereignty conferred upon the Nation
al Government BY The Constitution Of the United
States"
The States are not only foreign TO each other in
the range, but in the exercise otiher jurisdictions
in all their departments Of Government. in their
Courts their mode OF procedure. Their laws are
all foreign 10 each other and atfect the rights and
interests of the citizens of each, (save in The
very few cases where reservations have been
made) just as they do the rights and interests of'
foreigners over the seas. All the foreign attach
mcnt laws Of the States affect noa-residenks alike
whatever Stale or country they may claim Tor
their domicils. So, if citizen in one State draws
bill OF exchange upon a citizen in another, il
becomes ir@ .taeto a toreign bill, and subject to
all the peculiar laws Of those bills in relation TO
interest, damages, and the f>ing Of The respon-
sbiilies Of the parties. This is true even Of
bills drawn in England, Scotland, or Ireland,
upon either, though but one and the same Parlia-
ments legslate for ell. After all, then, it seems
that there is not, and there need no, be, any es-
senliel unG,ness in union of States, merely be
cause they are foreign TO each ether
shall now take it for granted, that all the
States which have entered into the Union since
The Constitution went into operation, as well as