The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-02-18

Who would contend that, instead OF being enlarged,
the powers formerly enjoyed BY the ConfedeTation
were abridged and narrowed down IN the new Con
sttuion 30 restricted that Canada never could lie
esiyad 10 the end OF lime a. State Of the Unonr
Neatly eontemporaneous with these expositions Of
the Consultation lived the venerable Nathaniel Ma.
con, celebrated patriot OF the striet-eonsIuetOn
sehool-a statesman 10 whom was no guile-a man
who, for practical wisdom and SOUND good sense,
never had his superior among US. he Was the link
that connected the past age with the present aud
sure Mr.. b. was there was no gentleman here who
would not accord 10 him all that be had said, and
more.
The first time the Interpretation OF this clause hat
come up before Congress was on 'he admission Of
Louisiana into the Union As state. MIR. Macon
made speech on that subject In the House Of Rep.
atiyes on the 4th Of January, 1911 and which
was found reported in the National Intelligence
OF the 18th Of that month And what was bis lal.
gusge p
"lf the article Of the Constitution, however, did
not mean that Congress might make States out VI
new territories, what did IL mesnl There was no
occasion for IL In relation the old territories for
the ordinance of the old Congress had secured 10
them the right and those ordinances were rs binding
as the treaties which Congress had entered into
The change of the form Of government did not a,c,
national obligations. The right 10 become State,
was ono which Congress could not take from the old
territories The right of creating States out Of ae
auired territories one which he had always con.
tended for and IL had been stated by at least one OF
those VINO formed the Constitution that this article
had reference To Canada; New States may be al
mitied by the Congress INTO the Union Al the Tine
this provision was made, Florida and LOUISIANA were
not thought Of Canada was the territory kept m
view. Much, sir, said Mr.. Macon, as the United
States wanted The Southern country, and great a. Is
the conye nience Of possessing IT, never would have
consented TO have taAen IL 10 have kept them 10 ter
ritoral government forever. do not want pro-
vnces."
The cases Of Louisiana and Florida put this qu, :
ton at rest, that the uesty-maklng power hes the
right 10 acquire foreign territory The legislative
executive, and Judicial departments OF the Govern.
ment had oil concurred in the OPINION and would
be idle for Mr.. b. To attemp 10 deny II. He had no
inclination to deny IL. That foreign territory might
be annexed by the treaty making power was CERTAIN
from the very nature Of tblngsi because, If DIS
nembered foreign country, the portion dIsmembtr-
ed could not then for herself coming into our
Union. But how II IN regard 10 indeps ndenI
State How you'd II have been with Canada # she
had declared her independence adopted republican
constitution and came knocking at doors for ad-
mission She would offer herself, and it she had
complied with the conditions OF reception, she would
have been received. Thus 1t the prese nj Case
The two things entirely distinct from each other
viz the acquisition Of part OF the territory Of a "
reign Government by treaty, and the application OF On
independent Government TO be admitted into The
Union.
The honorable Senator's mistake arose from bl.
confou ndDg Two things entirely different. And al.
ter ALL the treaty -makng power existed only BY
plicaiion. There was no express grant Of power ~
acquire foreign territory this power arose only from
the general scope of the Constitution and il had this
limit that il should not transcend or violate Il Con.
stitution. In Mr. BIS judgment, the very strongest
Argument in favor Of the doctrine that foreign ternrl
~ might be acquired by the treaty making power was
found in this very clause, according TO which Com
gress might admit States II was a subordnse
power for none, he presumed, believed that we had
power to acquire foreign territory only 10 convert II
into colonies provinces In one case the power
clear and papable-t was found in the very Language
Of the Constitution in the other, the power srose by
construction-it Implied power merely. The
power to ADMIT new States was an express grant
the power to acquire foreign territory arose by I'M Ii
cation yet the argument OF the gentleman from heI-
lucky Mr. Morehead) went TO make the subordinate
and implied power override the expressly granted
power.
Mr.. jefferson in 1903 had his doubts and his diff.
culties but did he say word about TesOrtlng
the treaty power2 No; he referred at once to the
fountain head; he did not go to the streams. He
doubted as to the power Of Congress to admit jo-
| reign State
| [Mr. MoREHEAD: Did not he deny the poweri]
| Yes, he denied it ; but, after the letter Of Mr..
Nicholas (who had been in the country II the while
| whereas Mr.. Jefferson himself had been absent 10
| France) informing of his opinion on the question: he
changed his mind, and said he should acauiesce in the
acquisition the suggestion Of his friends. Mr. JEFF.
ferson yielded to the arguments OF his friends. Dur
ing the interval between the formation Of the treaty
and its submission to the Senate he certainly did
terrain strong doubts but il manifest those doubts
must have been subsequently removed for he approx.
ed and signed the treaty and the act for the terora
government of Louisiana with his own hand. Since
then the power had been exercised over and over
| again.
! But what had been the argument Of the Senator
| from Kentucky Had he done any thing more than
cite the letter Of Mr.. JefeIsoni He laid his entire
foundation in that letter. he raised his whole argu
ment on il. Yet rom the acts of Mr. Jefferson and
actions spoke louder than words,) il was plain th0
he had become convinced that he had been in error
Surely all who knew Mr. Jetfe son would admit tina
if he believed an act would be direct violation o.
his oath to support the Constitution, he was the las
man living 10 do it. After this, we heard no more
his proposal TO amend the Constitution the qL, stio
passed away, and the doctrine was now established
that we might Cat least by treaty. admit new State
formed out of foreign territory
Mr.. MoREHEAp here interposed and Mr. B
having yielded The floor for explanation, he INQUIRE
whether the honorable Senator IRON Pennsy lvani
intended TO argue that Mr.. Jefferson had at any tim
admitted 10 the full extent Mr. Nicholas's argumen
that Congress could admit foreign Statei The &C
quiescence Of which Mr. Jefferson spoke, was in tn
acquisition, not in the right to acquire.
Globe continually
i