Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1845-03-20

o - 49, ssssiss~s f~ sis asssssssss Of fssss
<stswsi n AZ Ss.-fs 81 a. UsifsS Ssssss. FED
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bs, there 10 q hnth~s WOW connected with th.-
Ths report Of the committee derived argument against
As extensive operation ot the clause from the place In
which hs found Inserted In the Constitution This srgu
sni wss veil and forcibly expanded by my colleague.
sss part VI the important clause 81 the Constitution
containing the eoasraed powers but what he called
obscure corner Of tho Constitution The senator from
sesA Csrslina tMr. McDoie) made this remark OF my
soieseue suJect Of rdicue, and said II understood
Nm hsbs hss ths place al the clause might by probability
have Seen attributable the mode oi printing the insuu.
nsss.Now sir this Argument from the place in which
caass foand the Constitution. h. In my opinion.
= foscbie .. sny other which has been employed The
power Of principal order granted by the Constitution
found casred In place, and with each other. Is
eseoneeived that power far larger Than any Of these
principal power. (which power "a Introduce foreign
States Isl intended Ia he given. would have been
placed In immediate conjunction with these. When pow
Of them ot very large import, thus spe.
Cited 10 IL to be believed that c which
sdnit OF being employed 10 qusly change the
whole character Of the Government would have been
spsci6cd also aud ncluded la the But this
admit States discretion found ia ihs
place and connexion contained in the Where
u Il found, ln snoher-a psn ct the Constitution.
Devoted what purpo-ei To ,hs provision OF subori-
arrangement in regard the regulation o. the
ssrfory aud property OF the United Stlis- Can the nsc
oa Of this power ia ihs inferior position aud
n~xion In the Constitution be held consistent ih ts char
setter Of extraordinary Importance with the character o
csrsal and apt al lite parts. which il admitted
belong to the Constitution And thea regards the
Of thc Constitution One received rules of
eonsueton Of instruments that clauses seemingly
hielins should be construed that all stand together
and be allowed m operaon II the power To admit
States DO found in the Constitution. the power vested
tho President and treaties with foreign
Governments equally found in the Constitution. Should
each Of these be allowed u have operation l. the
be allowed overwhel and eA,nsui,h the cihsr'
Bat gentlemen make distinction. Agreeing that the Pre-
sdent and Senate make all treaties under the Con-
suton they that there forms compact with for
eisn Governments which do not under the d.norn.
nation and character OF treaties Let this lie siill
ties comprehend the highest form OF these conpacs
and the acquisition OF fcro'gn State the transfer OF po
hcal allegiance, does this constitute tbs highest
Government OF Texas Of the inccnsiderabe portion
territory lying between Triniy and the Sabine the
proposition would bs contested that this would he a
compact requiring the reaymsking power OF Gov
eminent effect Can this Office be less required when
the question: OF the eession VI part bu, OF the
Tire territory Of Texssl
II Congress would be excluded from the capacity
sure psrt, capacity result it, derived from the
circumstance that II Is the whole territory instead OF the
part that TO become the subject of cessoal Ii
dseoroos, would not DO appropriate inquire whether
ths style OF reasoning be thing short Of peposeous
come now, sir the view of the subject which has
been the principal purpose OF the Senate
develop, and which, have said, though the least dis
cusssd In opinion incomp.rab.y the most impor-
tant
The question is the OF the authority OF Con.
gress admit Staies whether reaches ads.
sion foreign State? The arsumeni turned chiefly
the interpretation Of the clause the Constitution
veyng this authority In conformity 10 the received rues
the construction OF Instruments These rules permit unques
nonaby, departure from literal construction. when adhe-
to would give operation aside from the purpose Of
the clause be eonsrued-as cXsmplied ia whca
have the debate How much clearer
the for the dsalIowance Of this literal
non the operation be found aside merely from the
design Of clause but adverse 10 and in rusuaon Of
the leading design and primary objects the
meut7 And this will be found Re the character OF
operation Of literal Construction OF the clause of the Con-
shuiou TO admit Staies glance will be required
60 show ths al the composition and odsn OF the Govern
ment.
Sir has become sor, Of household aphosm tha, the
destiny OF liberty in all aud depends upon
the OF this federal experiment conduct
ing in the United States aud tins apscsm just--oGe
Tho in ntrh.
united. The destiny OF freedom oil times and places
does depend upon this experiment. Let
lie failure wha, other experiment OF free Government
large scale could be tried in circumstances favorable
And what the peculiar character Of experiment. hat
Is the sssenua! form OF that system, in the result
VI which these :nappfeciabe desInes are involved Sir,
this, like every other which good, form OF Govern
Incnt made by the mixture and tqaPose OF several pc
pies and powers Without ibis composition the right,
which constitute freedom woud have guards. What
the elements OF this ssupos of federal syeon
AL history that freedom has been found practicable
only in small Staes-that Government -xeriing municipal
jurisdiction over asrge sphere must 20 arbitrary The oh.
ect 10 be desired, ihen Combine with the municipal
forms Of administration, watch freedom, known
only in small States Ire strength AID security be derived
from tue union OF the population Oi
ii power. By what form arrangement this poll
cy be effected BY givag power Of opuation
united and consolidated. control in the SYSTEM resarN ing
NJ the same time To great extent, municipal ur1sdcton
restriction Of TO the AUTHORITIES OF the component
81 the Union. The principle Ui popular contro, Of
federal restraint on IT, are thus bough into cooperation
Each Of these required have has provided np
and q
vernment Congress stfe and representative OF the
first popular principle The Senate, constituted after pc
cular be effective object organ and
representative OF the oher-he iedersye principle. This
the peculiarly OF iae mechanism Of national SYSTEM
IN the highest degree admirable and ieloit0us in its
meter and adjustments. How is is system p..serv
ed and made TO WORK Welt How be destroyed or i'm
pairedl BY permitting either of the Coordinate principles
gan ascendency the other, subiuc il. Under
the old system OF confederation the edeaive principle
had undue ascendency; and this arrangement Just equi
pose found 70 produce weakness snd disaster The
other, the popular principle, threatens to obtain
plete dominion IN the administration OF the Government
Must not dscomposure and disaster equally result from
this form Of the disturbance oquipoise oherl
And now Tn apply this reasoning: The power is given
- the Senate the representative Of the the Con
stltioH to form reaiies-ths saw engagements Of
the highest order which may be required be with
foreign sites. To Congress, the popular representative
- given power TO admit States. The Senate, then
under Its Ia make engagements with foreign States
cannot admit foreign State that character and capsc
y But neither can the Congress, under power al
init States because this would require engagements
and compact in the highest form and ils lie function
which has been committed not 10 Congress but 60 the
President and Seoaie. The irresistible inference therefore
Is 70 enable the Two power stand together
each department Of the assigned authorities have effect
that neither be considered invested with ih, Office
oil Introducing foreign State Nor it be objected
that the Government in this construction would he dyes
cd Of faculty which appsrtans to oil Goyornmenis Of
acquiring foreign territory because another attain
ing tho object has been shown preferable combining
the action OF the departments of power made to con-
fci no; harmonious only but safe Cooperation for the
attainment OF the end Tbs power, claimed for Congress,
found then condemned by Consultations OF far higher
order than technical construction Ofhe letter OF tie Con-
stituhon.
SIR, let me look back for the formation OF
this Consiuion-to the spirit from which IL spang--to
the structure OF the system produced. We fought the
by which Independence achieved in the ca
Pacy and character Of States Ia league ia that Of
nation. What followed ia the progregs Of history
period than which there be- more instructive in
the lesson reads We the very OF losing
the whole traits OF the struggle; and from whist
Conflicts OF views among the Staesdenisl Of sdeooo,s
support the General ACKNOWLEDGEMENTS, disorder
debility dssensiona these evils proceeding from
Vof purely federal system, and the Jealousy innovation
II, such induce the prediction on the part Of
enemies, that the system speedily como to m
cod. Ii in these Circumstances that convention
eonyoKod, and tie Consultation Vi tho uned Sates
formed. Can be supposed In this view in the preys.
)ence OF this temper Of JEALOUSY, On subject
xhato soald hf in