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

cc1siou expressly stipulated that the territory 30 ce9od
shopldoe divided into not lees than three nor mon aan
two rvpabliean States. which should come into tho Usiou
on an equal footing with the original States. These en-
hoo States formed one class OF candidates for admission
into the Union, and were, OF course, within the view Of the
Constitutional provision.
But this was not all. There were several States. OF large
aud dsproporhonaie dimensions, within which 1t was fore
seen new States mus, arse. Virginia at that time included
within her limits what Was then called the district Of Ken.
lucky. This territory was, even then, aspiring to Use into
the dignity Of a State. aud had entered into an arrange.
men, with the Legislature OF Virginia Tor thai purpose
Then there was the patriotic and hssspinied community
ct Frsnkland-the germ Of the future State OF Tennes-
sec-cmbrseed within the limits oi North Carolina. She
was then ia substance n separate community, exercising
de faeio, though ia a style of almost Arcad.an simplicity,
many OF the attributes of independent sovereignty. Besides
these there was the Territory vt Main. (sithin the limits ot
Massaehusetts) also aspiring after State dignity. There
wss, moreover, Vermont. lying within territory claimed by
the State Of New York, bat having long since set up a Sc
paiate Government, and earnestly demanded admission into
the ConiedeTacy. The Senators own State, too, was at
that time agi,ated by schemes OF division, which, II they
had been unfortunately carried into execution, would have
deprived her OF the proud honor she now wears Of being
the keystone OF the Federal arch. Within the broad limits
Of G~ecrgia-then stretching over what are now the States
Of Mississippi and Alsbama-it was impossible not To fore.
zee that new States would also arise. Thus tho country
stood when the Constitution was adopted; and il was in
view OF thus state at things, and of the fact that there was
no power in the old Confederation to admit new States,
that this much perverted clause was inserted.
Here, then were five new States to come in out OF the
Noi,hwes, Territory, besides all those other aspiring scions
rom the Target States. which were spiasing up on all sides.
e"t '1 NANCY II ~ bhaN ~ 80
no power Ia admit new States out OF domestic territory
On this point Mr.. X. would call the attention Of the Senate
TO a number OF the Fedeislists,i in which Mr.. Madisondsiiuct
~ stated this defect o: power in the old Confederation, and
traced TO that defect III the origin VI the clause in the present
Constitution which gives TO Congress the power - admit
new States into the uaiun. Nobody knows better than the
Senator from Pennsylvania that il is a fundamental rule, in
the construction Of all remedial acts. To consider the state
Of the old law, the defect or mischief existing under il, and
then the remedy furnished by the new law. which must be
so construed rs 10 correct the particular defect or mischief
which exists under the old law. Now, Mir. President let
US sec Whist Mr.. Madison saws OF the went of power under
articles oi Confederation. In the 3S;h number OF the Fed
eraisi, speaking OF the NoIihwes, TIE 5,ory, which had
been ceded to the United States by Virginia, and which
Virginia bad obtained n positive stpula'!hn from the old
Congress should be divide into not less IAN three nor more
than five Republican States, he says:
"COngTess have assumed the sdmisiratOn Of this stock.
They have begun To render il productive. Congress have
undertaken 10 do more: they have proceeded to form NEW
States; THAT Is, prosPsctveIy;l to erect temporary Govein-
ments, To appoint officers for them, and To prescribe the
conditions on which such States shal! be admitted into the
Con!edeiacy. All this has been done. aud done without
the least color OF constitutional authority"
We have only 10 connect with this passage what the homo
rabie Senator read TO us from the 1874 number Of the FEEDER.
alIst, written also by As. Madison, and We have 4 complete
clue 10 the true and inconIestab,e meaning Of the clause Of
the new Constitution giving 10 Congress the power {, nd.
NIT new States into the Uaion. After quoting the whole
clause providing for the njmiss on Vi new St,tcs into the
Union, Nj. Madison, ia the number y. the EedeTalist now
referred 10, proceeds a. follows:
'!n the articles Of Confederation no provision is found
on this imPortan; subject. Canada was to be admitted ci
right, on her joining IN the measures oi the United States;
and the other colonies, by which were evidently meant the
other British colonies, at the discretion OF nine States
The eventual establishment OF NEW States seems to have
been overlooked by the compilers Of that instrument. We
have seen the Inconvenience OF this omission, and the u.
sumption OF power !nt1 which Congress have been led By
i. With great p50pnety, therefore, has tie new sysIsm
supplied the defect"
The new Constitution was our g-ca, national remedial
act. 1t was intended tu ccrreei. the evils aud defects of tho
Confederation. Under the old system, there had existed,
as We have seen, no authority % admit new States arising
within tie limits Of the Unted Slaiss-tiai was the defect
Ia be corrected, aud this shed ue-4n5lc light on the true
meaning ot the new clause. Admission tat, the Couf-ds.
rdey had been clamorousiy dem1udcd iuf yeas by Vermont,
and the other rising eommun.ue, 10 which I have referred
were showing ais' an impatient desire To DC admitted into
the Union rs States. Thee young giants were uneasy
aud restless under the Restraints U! their condition OF p-
Pitage they painted 10 cast aside their tutors ani governors,
aud To assuIse the ssgs iiiis OF Stale sovereignty. Tie
passage IN The 1871 number Of the Fed.ralisr. quoied above,
which Was rather unvittingly, rs it seemed To nae, for has
purpose. read by the honorable Senator from PENN ylvania.
completed the evidence feven 10 the proof of 4 nega,ive1 OF
the i'ue meaning ii the ciaGsc, and went coneiusiycly u
show .nat The power 10 admit new States did not mean a
power 20 admit foreign bat American States. What does
MIR. Madison ssg IN that number OF the Federaist : The ar
uclcs ~ Confederation, he says, provided for the admission
OF tanada, whose aid IN the war OF the Revolution We
were DESTROYS 10 obtain. They allowed her To come in by
her simply Joining in the measures ut the United
States aud tbs assent was gwen unanimously by all the
States; Tor II was inserted In the articles Of Con!cdsra-
ton themselves, which were the unanimous act OF tho
Old thirteen H,Iics. The aIlcies Of Confederation also
provided that the CtasT COLONIES" (melning, as Nr. Madi-
SON sHNr, D4itlsl "olpt!.al might lNcNls- DO admitted, bat
not without the assent of nine States. forming two thirds
OF the States then IN the COnfederacy. But, at the same
time, says Mr.. Madison, no provision was made by the or
tci"s Oi Confederation for the admission o. new Sia,cs-
The eventual establishment Ui HsH States" he sayS.
''scom- TO have been overlooked by the ccmpilers If tha;
instrument The words new i-ics are itsl.cised by him,
and doubtless with tae design Of co1tradis;ngui-hing them
irjm foreign colonies. BY tie former, therefore, as used
m the new Constitution, was clearly meant American
States. 10 be formed within our own territory. The pro.
VISION to admit Canada and foreign British colonies was
InIJdsceu Ia &c articles at Confederation when we were
IN the midst Of ihe Revolutionary war, in the hope that
some OF hem would jOih u IN lac struggle; but, after the
close OF the war. when the vital struggle was over, and we
no longer needed their aid. the clause about new States
was introduced into the Constitution with exclusive refer
ence TO the state Of things in sur own country, aud TO pro-
vide Tor the admission OF States TO be "'estabisbedr or
'lormcd," using the words Of Mr. Madison, within cur own
territorial and Politca! system. So lar as the future acqu!.
siucn Ot foreign territory was in the view of the franiers of
the Constitution, II was provided for IN another part of the
instrument entirely different from This. n the honorable
Senator would look TT the diseassions in the Convention
respecting tho frosty making power, he would there see
reference made u tie acquisition Or cess!Jn Of territory.
TIE adilsinento boundaries, &c. as embraced within the
scope 81 the treaty power; bat nowhere, | fearessly assert,
will nc see the slightest reference 10 foreign Territory or r,
Tcish states IN connexion with he clause providing for tic
adm.s ion Of new States into the { ION.
TA!s, rs mr. r.. believed, was the tue and unl,ub,ed
theory 81 tie Constitution. lie was not inclined 10 adopt
the view which had been put forth by some gentlemen, that
the Constitution confined no reference Of all to any future
extension Of territory. What he said was, that the mode
~ "E' 'Afe"@het4 N"T IA ~ lt@ Ut INd cause
respecting new s;stcs, bat tLat it ,lgngcd to :he treaty
power. ard this wss IN analogy % the principle. thosgh
not the losin, a tho old articles O.. confederation. We
hsse seen iuai While the Confederation made provision for
the admissila u iurfIgu colonies into io coniedefayy. il
was 20 be done only 10y the assent oi uins States. being
iwo thirds oi the Whole number Of State. which j. precise.
" nc proposition now regaIr'd by the os ing Constitution
to elect the ecqui-iiioh - iofe.gn tct-'Iry 10y treaty. I,
must be borne ID mind, too, that under the articles of con.
federation tue Continental Congress was the treats. making
as well ~ the legislative branch Of tie Government. and
that Tic same vote Of nine States, or t~wo.iairds, was rerlir.
ed g.. eEts' into treaties or to admit Canada and the other
British colonies into tue ConiCdefaoy. The pre.ent extra.
ordinary claim, tnereiore. to admit foeigJ States into the
Union b. o mere legislative majority Of the two Houses of
Congress, does not receive any. the slightest countsnance.
even from the old articles Of confederation.
Bat the Senate. from Pennsyiyenia insist. "itis nornio,.
ie.in the bond" lis argument va. short and simple. Al
Ieost 10 ran tlus. thew Sates may be admitted by Con-
gree" Texas s a mes State; therefore. Texas may be
admitted by Congress. And tie gentleman resd Crabbe'.
Synonymes and Vattcrs law Of nations 10 show NJ wba,
this ciaa-o u the Constitution meansby the word Stole
WOW, with oil respect, Mr.. Il. mDstsay, ihainonher Cnbbe's
SyuDnyIics, nor Vaticl, no, nor fhe hOood hs honorable