Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-01-14

STANDS, empowering ConSIcSS " iCeei'S -
States into the Union Nothing said about ileI
"arisins lawfully within the United Stale" or
their being lawfully constituted within the
United States" The thing allowed to be re-
ceiyed was "new States," whatever they might
be, or whereverlhey might exist. Besides striking
ont these restrictions, the Convention struck out
the assent of nine States and also another clause,
recurring vote Of lwo-lhirds in each House 10
admit new Stale, thus leaving il in The power OF
a simple majority. Had he not thus shown that
the power of reception by The confederation was
enlarged, and not restricted BY The Constitution!
And IL Congress could receive new States under
the one, forttori il could under The otner.
Further, he commended that the practice of this
Government had carried ont that theory. The
treaties annexin. Louisiana and Florida 10 The
territory of the United States showed that Con-
sress had power 10 annex foreign States, and
their admission into the Union, showed that Con-
gress had the right 10 admit States mol arising
within the United States. Thus il appeared, that
the Constitution and the practice Of the Govern
ment, and the acquiescence OF the people, united
in sustaining the measure proposed.
Mr.. d. fastened to meet another objection
And il was still said, that territory could not be ac-
ouired by Congress because that prclogative be
longed TO the Treaiy-making power. Now, The
Constitution did declare that Congress might
admit new States into the Union, and 1t
further declared, that Congress might pass
all laws necessary and proper 10 carry into
effect the enumerated powers. In reference 10
this last clause, every body knew there existed Il
diversity of opinion There existed two political
parties in the country, ole of which held them
selves bound 10 obey the Constitution 10 The let
Ter: the other held that they were not bound 10 ad
here 10 The letter, but might mol only pass all laws
"neceSsary and proper" but all laws also which
might be convenient and useful in carrying into
execution the enumerated powers. The Wings
now as did the Fedcralisls before them, coalen-
ded substantially that they had right TO subsli-
,u,e The word 'tcunvenient" for The word "ncces-
sary." and the word "usctul" for the word pro
pcr." Against this loose construction The De-
mocrats ever had warrcd, and he trusted would
ever continue 10 do 50. II he thought that This
measure of annexation violated The letter oil The
Constitution, he would al once abandon il. The
Wings held that a Bank OF the United States
was convenient and useful, and was therefore
Constitutional: the Democrats held that il was
not necessary, and was therefore no, Constitution
al. The gentleman from Massachusetts (Mr.
Winthrop said "lhis would not do No. he
supposed il would n0 and he presumed that
such doctrine never would do for That gentleman.
There was time in the gentleman's life when
il did do, and did satisfy him and others Ac-
corin. 10 them under The clause which empow-
cred Congress 10 pass all laws which were ne
cessary 10 carry ont the enumerated powers, no
difficulties presented themselves Fit was wish
ed to erect this sumptuous Capitol, that was he
cessary TO enable Congress 10 make laws; il
il undesirable 10 erect sumpuous custom house
in Boston or in New York, that 100 was necessary
10 collect the revenue; iithey wanted a cosyslone
dry-dock, that was not less necessary Under The
power TO establish navy; il they wanted 10 build
piers and haIbors, that was necessary under the
power 10 regulate commerce, or, perhaps, under
The clause 10 provide for The national defence; il
ior,ificalions were 10 be erected, or armories or
ioundries 10 be established, that was necessary
under The power for common defence, or under
the war power; and 50, if they wanted 10 build
road over which TO carry the mai that was equal
" necessary under the power To establish posi-
Offices and posl-roads. Now, Mr.. ID. would not
give an opinion al this time whether all these
things came properly under the enumerated pow
ers or MOI, but, according 10 every body, there was
no express grant of power for these objects, ana II
the power existed at all, il was because these
things were necessary and proper 10 The carrying
out of the enumerated powers Now, apply the
same reasoning 10 the admission Of rev States.
The Constitution declared that Congress might
admit new States; il was soconcedcd that Tex
the power to pass law 10 admit Texasl But il
was said HAT we must first acquire The territory,
as a preliminary step 10 the admission of the Stale
VERY we'll Then, il that was necessary, Con-
gress could pass law for that too--ior The Con
Sti,ution said that il might pass all such laws as
were necessary and proper 10 carry out The grant
cd powers.
Bu, was said, that The acquisition of territory
was a contract with iurci.n nation, and every
contract with foreign nation was Treaty, ana
every Treaty belonged exclusively with the
Treaty-making power. But was il true? Were
all contracts with foreign nations treaties in the
sense of The Constitution Mr.. d. asserted that
they were not and now 10 the proof Congress
had power 10 borrow money they could borrow
i, from Bank or from foreign Power; say The
King of France, or the King Of Holland Now
was mol that transaction contract, and con-
lract between foreign Government and the
| United States Most clearly. Yet il was not a
| Treaty within the meaning of the Constitution
for Congress could borrow money without con-
sultng the Treaty making power Borrowing
money was one of the enumerated powers, and
therefore, Congress had a right 10 pass all laws
necessary and proper 10 effect that end. Just 50
| as 10 the acquisition olTexas. This was con-
lraci and The gentleman insisted that il must
| therefore be negotiated by the Trcaly-power.-
| Very we'll But whalwaSa Treaty, asdefined by
The Constitution, but a law? And was it The
| Treaty power that mus, pass the laws necessary
for The acquisition II was not. Congress mus
pass the laws, and Congress alone The Ian
| yuasc OF The Constitution was Imperative
/ Then ii was clear that, since Congress could adj
init new States into the Union, Congress mus
pass all the laws necessary To that end, and il The
acquisition OF territory was one necessary means
The power TO acquire was in Congress and not in
the Trealy-making power. Mr.. D. admitted, in
deed, that territory might be acquired in Other
modes--by conquest, by discovery, and under
certain circumstances, by Treaty; bun, when a
new State was 10 be admitted, the Constitution
said il should be done by Congress; and wher
territory was acquired expressly with snch 4
view, then Congress alone was the true tribunal
TO act in the matter.
Mr.. ID. would have liked 10 present some Other
views, but The time did not admit oft. Hewnuld
add one word, however, as TO the proposed eXlen
sion OF our territory. He believed that no danger
was 10 be apprehendel from extending the area
Of freedom, or stretching our territory beyond il
present limits. The modern application Of the
| power oil seam Il transportation and travelling
would bring The remo,est limits Of Texas nearer
TO us than were the old thirteen States al The
adoption Of The Constitution; and these improve.
menls were practically diminishing distance in a
greater ratio than we could extend onr States, SC
that the objection arising from distance, if it was
| one, was diminishing every hour.
/ While Mr.. ID. would not trespass on the treaty
/ making power, or violate Tie laws OF nations, he
4 would make use OF all legal and legitimate means
| 10 extend Tie bounds Of our free Republic, from
the Atlantic on one side 10 the Pacific on the
other, and TO drive from this entire continent the
last veslise Of any foreign power, or the last de-
/ tendency of any foreign power. Our peace and
or glory alike required that this should he al
! ocean-bound Republic.
Here Mr.. DIS hour expired, and he yielded the
floor TO Mr.. Cingman.
r WORDS Office Drawing Of The Alex
y andria Lottery, Class No. 3
25 IL 20 - II II 81 G5 50 81 Il 81
] ILL., -