Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-01

says 10 QdpOle IN tne uOlHestiC IobSei 70 - "
States, actually proposed new eompaet o. tntcr"e-
faiion. not TO Missouri's Contention, in whom
rested The lrhOlc power in all that related 10 her
Constitu,ion-no, no-not TO her Contention
but, crcdat Jnd0as! 10 her LEGISLATURE! Lei
wise men wonder aud skepics SCOT as they may,
it is even 50! Bun why should make assertions
about il? ought 10 have loo much respect lot
my fellow-counirymen, Of our day, TO suppose
they would give credence 10 the preparation oil
national absurdy like this, without ''sef'ns ~
riiA their o,cn cues" So here is the joint resolu-
lion of Congress, of the u of March, 1911, t1-
Jatim, Hter0tim, CT pnnctndtim:
"Resolred," &c, "That Missouri shall De au-
mitied into the Union, on an equal ioot'ns WIN
the original States in all respects whatever uPoi,
the fundamental condition, that The fourth clause OF
the 26lh section OF the Sd article OF the Consu.u
lion submitted on the part Of said State to Con-
gress shall ncrcr be construed 10 authorize me pas
soge Of any lar, and that no htc shall 6e PGS;ea IN
eonform,iy thereto, by which any citizen oil ellhei
OF the States Of this Union shall be excluded from
the enjoyment of any Of the privileges and 7n,aa-
nittcS 10 lrkiot such c-cn iScR.ucd Rnder me C"n
aituiicn Of Me Tnited States: Prorided, hnt nc
Legislature of The said Stale, and by solemn
public acf, shall declare the assent OF the saiu
State TO the said fundamental condition. and shall
transmit 10 the President of the United States, on
or before the fourth Monday in November next,
an authentic copy ofthe said act; upon The receipl
whereof the President, by Proclamation, shall an
nounce the fact; rhenUpon, and 1rifhoM am otaeI
p,oceeding on he part Of Congress, The admission NJ
The said State ino this Union staA6c eonsidcrcd as
complete"
We'll! on the Goth June, 1921, the Missouri
Legislature accepted the terms VI the 'pT compact,
declaring States assent &c, alter very proper
" protesting in preamble, that The Legislature
had no power whatever over the Constitution oil
the State; and on The 10Th Of August, ISL, the
President BY proclamation consummaled this
conpact-and Il us Congress, far from holding IL
self restrained from making coMimrts, maintained
lis competency 10 make and enforce such an IN
constitutional compact as this
You must pardon my iniirmties, good srs-but
when an assault like this upon Stale Rights and
sovereignty is made, in the mere wantonne>s and
absoluism otlicentiouS power, land comes athwart
nv notice even incidentally as now, my very ma.
,ure mpcls me 10 look il in tic face as pass and
lei spontaneous sentiment have lis sway; for
brief season, however, brief season-as thus
The resolution says Of this ominons clause,
Isl. That il "slQN nfucr be col dyned n nnfhG-
i-c he passage Of anp lar" &c, ard that IS
Fundamental condition." And the legislature
is to promise Congress this! How could the Lee
gisaure promise it? How cond any one 7 But
If promised, where was the power of Performance
What is The meaning OF that clause, is essential
" judicial question:; and yet, Congress demands
of the legislature TO interfere between JHdgss and
their oalhs TO forbid and prevent them from con-
STRUNG The clause as their knowledge and IudS-
mcnls their duty and conscience shall prescribe
%. The very Congress which thus exacted a
promise from the Legislature 10 assume and ex-
ercisc judiciol power, approved Of two other
a. - ift,,if,u fha nm IF
vested thai whole power in The .jmdiciayy Depart
mcnt; and the other, which expressly forbid any
Other Department, "tocrert'sc 0ny lo'ec property
belongins 10 either Of The otdcrs'
Sd. The LgiI0iHtr was required also 10 pro-
mise. that "no lar shall be passcd in conformity
10 an Interpretation which Congress thought that
that clause might hgitimat,}y bear! Hence, that
LEGISLATURE was required 10 make compact with
Compress. not as 10 what ifaH should do or omit
but what no future Legislature, in all time TO
come, should do!
9TH, and lastly. No construction should be given
10 the clause now or hereafter, by Courts nor Le-
gisatures, present or future, whereby "any cITI-
lens (coLoRED, Ell y of either OF The States Of
This Union shall be excluded from any olthe privi-
leces and immunites TO WHICH SUCH CITIZEN Is
ENTITLED UNDER THE CONSTITUTION or THE U.
STATES And, pray. il such were his 'privi-
leges and immunites" "undcr The Constitution"
how could Stair Constitution, however wordcd
however explicit in its purpose TO do So ever
take them away7 What has Congress The ia
,nity 10 require every Stale 10 rcenact The Constt-
tuition Of Tie United States? Or, 10 have inserted
in every Constitution an On''tinm gdfherhM clause
that "NoTniNG ~ THIS CONSTITUTION SHALL BE
CONSTRUED INTO a VIOLATION OF THE CoNsTITC-
rloy OF THE UNITED STATES" And while Con-
sress was making this compact requiring the Mis-
sour: Legislature 10 exercise and control Jnd,cidt
power could il have been so blind, that il did not
see that il was fagranily usurplng the JHdic'nl
functions Itself? The Missouri Constitution be-
ing approved by. Congress, had precisely me
sa,nn ean.Ion with any other law II had Itself
cnacied-and what would be thought il il had
tackled on 10 one OF its own statutes inJunc-
tions 10 The Sppr,me Court, THAT THEY SHALL
Nor' coHsTRuE IT in a particular way! Nay,
more; that THAT Court SHOULD PROMISE AND
PROVIDE THAT No FUTURE JUDGE or THAT Court
SHOULD DO 50! But as I've lost my subec, long
ago, il NAV lie, that if dwell on this subject
more, shall lose my patience too 80 truce
with it,
| have already alluded to The fact, that Congress
had made a compact with North Carolina on The
3, of April, 1890, and under il received from her
ccssion Of her territory. This was the first
cession made 10 the Convention, after the adop-
Virginia &c, having been made before. The
mode and place OF rendering il was quite re-
markable and significant, for the Act rectes, that
"A decd of cession having been executed, and ~
TIE SENATE, offered Tor acceptance 10 the United
States" Well and did the Senate in its Treaty
Capacity accept III Oh no! our Revolutionary
Sires of that day. took a very different view of
the matter They though. that the annsratioa
of territory 10 the United States, could only be
accomplished ~ Legislation and accordingly, in
this very brief and most effective mode the thing
was done. After reciting the deed, thus says The
Acl: "Bc il enacted BY The Senate and House OF
Representatives. of the United States OF America
in Congress assembled THAT THE SAID DEED BE-,
AND IS HEREBY ACCEPTED" There, that's the en-
tire Sta,u!c-and the "deed is done!'
Now suppose that Texas should tender just
such dced Of her territory 10 the Congress OF the
United States Ii is certain, that that is the only
mode in such conjunclurc, in which the an
necaiion could take place. The deed could not
possibly be regarded as a t.dtp, and as such
been subjected 10 The Senate for ratification; GER
tainly not for the dcsd was not frcaiN nor could
il have been for il was the act ofUe grantor aicne
and though one NAV make deed, ii takes at least
ira 10 make treaty. Besides, the United States
could not become party 10 it butbp acccpt0nte, and
thus shut out all occasion for The raifyins junction
oil The senate NOlnlnS III me !f,cuepdleI lids Scc-
ed TO me more frivolous and absurd than the slrcn
ons and perlinacIous denlals which have been
made that The Government could acquire foreign
territory in any other mode than BY treaty Why
The acceptance pcrss, woudanncrihe territory, and
surely IL our navicllors were TO make 4 discovery
OF an uninhabited island ana we should take pos
session, nothing is clearer than that the Law OF
Nations would make il ours, as the FIRST DISCO
-gaER. How could We recover itby treaty, when
the ver,- status OF the hypothesis IS that there is
nobody 10 treat With Of course Congress would
authorize the Presidenito eeppossession, organ
ize H. &c.
Again, suppose Canada was Independent; That
in war with us we subdued her; that her people
fed that all resistance was al an end; that none
had authority or none would consent, 10 cede it
10 US BY ireais; then of course no treaty could
be made: and is Il TO be for moment admitted
that our conquest is 10 be lost 10 US, Tor such
cause? These very directors know better. They
we'll know that Congress could instruct the Presi-
dent 10 hold possession until a regular Govern
ment could be organized therein.
Once more IL The people OF Texas were TO
4 ,,,ot,