Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-03-15

mad T.,
the United States and the powers contained 4; \, 49,, -
ferred for me benefit Of the people Of the limited s,.s
their poserty and thus authorized and rao;5 q IN
limitation on what In words are absolute and unlimited DOW
For the same reason, and applying the same c m
same result follows in constituting the power given ~
TO admit States into the Union. necessary AMI 49,
limitation is given to what might when viewed Ia che III,
the words only which employed be deemed power ,;,h
8 out limit control
The argument in favor Of the limitation Of the power 10 "a
nit States territory previously and by lawful authority
acquired, will derive additional strength by reference To oe,
powers given in the Constitution II the words to be In
ken literally and without regard the whole instrument
they be understood is sad according their or
binary accepaon and irrespective Of the just rule which
quues them to be understood in such that all parts
the instrument may stand well together and have full effect
given them, let what consequences such inter
probation will lead when applied other express powers
tanned in the Constitution. Congress shall have power
TO lay and collect taxes duties mpost and excise This
Is generals more unlimited power hardly be found in
any part of the Constitution And yet Congress lay
duties exports and why they do Because
other clause in the Constitution declares that duty
shall be laid ON articles exported from any State"
In this instance the necessity of abandoning literal
Interpretation and resorng to the whole instrument
tain the extent OF the power granted and thus limit what
might otherwise be considered unlimited power So also il
Is provided that Congress may raise and support armies
TO this power there is annexed limitation 1t absolute
and without any restriction, and yet the support be fur
nished in the forms prescribed by the Constitution The
money IN the Treasury be applied to raise and maintain
u
treasury IN consequence of appropriations made by law.
Reference might be made variety of other powers enue-
rated in the Constituon in which the language general
but which made subject TO limitation in consequences az
other provisions III the instrument needless how
ever to multiply them. They all subject to the rule that
call grants of power under the Constitution must be con-
troled by the instrument sThe limits imposed by the gene
raj terms which found in ought TO be the result az The
sound construction Of the instrument" Nothing can be
reasonable than the application of these principles the
given to admit new States This intend do in subse-
qucnt part OF this discussion For the present
self with two illustrations applicable this precise pow
er "New States may be admitted Under this general
grant of power State he received into the Union
which has not population equal to the rates established by
law for the States already the Union If Texas can be adj
mtted by Legislative act alone previous its acquisition by
the ymakng power, she be admitted if her whole
population should not thousand Can new
States be admitted at the pleasure Of Congress without regard
their federal numbers This surely will not be claimed
And cy she have the requisite population Because
another section Of the Constitution provides that reDrese
and direct shall he appooncd among the several
States which may be included within this Union according
their respective numbers and the number of representatives
shall not exceed for every thirty thousand" The power
to admit is therefore, limited to such States have the rcqu
site federal numbers otherwise the grossest inequality might
exist and all the balances of the Constitution be the
unlimited exercise OF the authority admit States So also
is provided that each State shall two Senators but
controlled by subsequent provision which declares that
no person shall he Senator who shall have attained to
the age of thirty years 1t me- therefore that no.
thing can be more clear than that in determining the extent Of
the to admit States reference be had 10 ayery
word and sentence Of the whole instrument which may aid in
ascealnng that extent; THAI the literal Interpretation
YIELD II necessary to that construction which gives full force
to all Its professionalism effect to be given all its parts
and that the power question: like all other powers is 10 be
controlled by the general scope and provisions of the entire in
sramenl Applying this rule, the Constitution whole is
maintained all its provisions harmonze all its different
parts constitute united harmonious whole By limiting
the authority to admit States territory acquired indie
pendent OF the action of Congress- the powers the Execu
tiyp nrIp If tho Vanr.
its constitutional functions without collision and the result
accomplished by the appropriate action of each department
these views are corect and these legitimate rules Of
construction must be admitted that the clause of the Con-
ntuton which cons the power Congress to admit new
states Is not necessarily unlimited but be subjected to
he control OF other clauses such manner that all may
nave iu effect given to them proceed them inquire
whether the attempted be exercised bv means of this
resolution consistent with other clear and explicit provisions
IN the same instrument And think can be shown that
Is IN direct conflict with hem ard therefore that the reso
on has no constitutional basis which to rest and ought 10
be rejected.
This resolution violates that clause of the Constitution which
declares mat no person shall be Senator who shall not
have been nine years citizen of the United States" I'll
Texas De now admitted into the Union she have Senators
to represent her possessing the requisite qualification of ct
zenshp Her people citizens of Tcxascizens of
ioregn Government Up to the time of her admission they
are foreigners Does the admission convert those who have
NJ been citizens of the United States for day or an hour in
to ca sens for nine years This would be- indeed both
crea apd transferring power which would be absurd to
Whit manner, Texas be represented
IN inc Senate Only by calling within her limits two citizens
'he United ses who have beep such for nine years and
eiecng them to be Senator'S. And the result will be- that
exa when admttec and entitled two Senators and two
must ren unrepresecd both in the Senate
and the House until she cain inuce citizens of the nie5
States having the constitutional quai cations 10 come h;
her limits become inhabitants of the State Texas and
resent her In the councils of the nation Did liz sn
the Constitution anticipate such result as this III thew
suppose that when State admitted into the Union I'll
might be necessary import citizens Of other States to make
Senators and Representatives of them Surely not And
yet II this resolution pass and Texas be made State she
must either be unepesented she be represented by
those who not her citizens the time Of her admission
by those who not constonaly qualified has been
asked how the States the organization of
Government Were their Senators persons who had been
years citizens OF the United Safes and their Representatives
those who had been years such citizens they
were. They had been citizens for much longer period
They neither aliens denizens, but members Of our
family and citizens both in and in fact The force of
this objection the luton under debate has been attempt
ed to be obvated the suggestion that it may be considered
as having the effect OF naturalization law converting foreign
ers INTO citizens by its intrinsic power II is quite OBJ
ylous that tins Is very insufficient the objection,
Tor two First because the Constitution requires that
the rule OF naturalization shall be unorthat is the same
tor all the States whereas this resolution be considered in
the light OF naturalization law, il is unequal and far from
being uniform for makes the inhabitants of Texas citizens
OF the United States by her admission into the Unon without
qualification whatever, while in all the other States quail
caons necessary such residence for specified time
declarations in court good character, &c to ene them to
the privileges Of citizens Besides If by this process all the
inhabitants of Texas instantly converted from foreigners
into citizens they are not by this transferring process made
such retroactivey for and nine years. II alien
made citizen ly Naturalization he becomes such from the
time ho Is naturazcd, not from period anterior to it.
This resolution Is in direct conflict with the provisions of