Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1846-12-31
REVIEW
.p OF THE
Presidents Message,

I'd SESSION OF THE ooh CONGRESS
From The National Inteiiigeneer.
We continue our review OF the An.
nual Message Of the President, intend
ing to devote this number Of il to Q
further consideration Of the constitution.
aIity, and the policy, under our Govern
ment Of
\ WARS OF CONQUEST.
II cannot have escaped the observa.
ton of every cons iderate individual
that, to suit the party views Of the pre-.
ent Administration, the Constitution is
made to mean anything or nothing. OI
this remark, take a single illustration. -
| Though the Constitution provides as
fully for the regulation Of commerce a
mong the several States as with Foreign
Nations, our President has been una
BILE to find authority for an appropria-
tion TO remove obstructions in our rivers
or improve the harbors on our Lakes
Though thus refusing to execute one Of
the plainest provisions Of the Constitu-
ton, he finds no difficulty in appropriate
ing millions upon millions for foreign con-
quests, and in establishing new govern
ments therein without the sanction Of Con-
gress. MIR. JEFrERsoN,in one Of his pub
lished letters, says: 'Our peculiar securi-
ty is in the posse Of written Conslitu-
tion. Let US not make il blank paper
by construction" Hos not this instru-
ment, on which has been hitherto con.
centra,ed the hope Of every patriot, in.
deed become a blank paper p
The organ Of the Administration, in
reply 10 US, supposes lhst an authority
which it cites in the case Of the United
States vs. Rice 4, Wheat, 253. sustains
the Executive in its riganization Of the
governments Of New Mexico" and
'California." But moments considera-
ton will show that the opinion Of the
Supreme Court, in that case, does not
in the least sanction these usurpations
of the Executive.
4 During the late war with England,
"Castinc, p" port in the State Of Maine,
was conquered and occupied by the enc
my until the peace. While thus occu-
pied, the English Government imposed
certain duties upon foreign merchandise I;
and, after the peace, a question was
made whether tho importer was not, un-
der the laws Of tho United States, liable
to pay duties in addition to those already
paid to the British Government and
the court held that he was not.
Now 40 one has ever disputed the
right OF the conqueror TO impose laws
upon the conquered. But the inquiry
lie, in our Government, whence must
these laws proceedl The answer is. from
the law. making power.
In England the sovereignty is in the
King ; and he by his orders in council,
is authorized to make commercial regu-
a,ioDs to meet tho exigencies Of his
Government and this is peculiarly the
case in relation to his colonies a con-
Il occurs to us that we do n service to
those who have not at hand the Letters Of Mr..
jefferson, to lay before them the following
passage from them:
Extract ofa letter dated Mo,teello, Aug. 30,
1903, from Dir. JErrrnsos to Lew LIrcoLS.
"On further conside rrtion ss to the amend
ment to our cons s!itution respecting Louisiana,
| have thought il better, instead of enumerat-
ing the powers which Congress may exercise,
to give them the same powers they have
as to other portions of the Union generally
and to enumerate the special exceptions, in
some such form as the following;
"Lousiuna, as ceded by France to the U.
States, is made part of the United States ;
its white inhabitants shall be citizens, and
stand, m TO their rights and obligations, on
the same footing with other citizens OF the U
States, in analogous situations. Save only
that as TO the portion thereof lying north OF an
east and west line drawn through the mouth
Of Arkansas river, no new State shall be es-
tablished, nor any grants Of land made, other
than to Indians, in exchange for equivalent
portions Of land occupied by them, until an
anne ndmept Of the constitution shall be made
/ for these purposes.
\ "Florida also, ,whensoevcr it may be rightfully
obtained, shall become part of the United
States its white inhabitants shall therefore
he citizens, and shall stand, as to their rights
and obligations, on the same footing with
other citizens of the United States, in analo-
gous situations.
Extract of letter from MIR. JEFFERSON "a
Wilson G.. NICHOLAS, dated Monticello, Sept.
II z, 1903.
"I am aware of the force of the observations
you make on the power given by the constitu'
ton to Congress TO admit new States into the
II Union, without restraining the subject OF the
TERRITORY then constituting the United States
But when | consider that the limits of the
United States are precisely fixed by the treaty
of 1853, that the constitution expressly de.
clares itself to be made for the United States
| cannot help believing the intention was not
To permit Congress TO admit into the Union
new States, which should not be formed out
of the territory for which, and under whose
authority alone, they were then acting. dc
not believe il was meant that they might re-.
ce,ve England, ireland, Holland, &c. into H.
! which would he the case on your construction
When an instrument admits two constructions
the one safe, the other dangerous, the one
precise, the other indefinite, ! prefer ths
which is safe and precise. | bad rather ass
an enlargement Of power from the natioi
whore IL ~ found necessary, than 10 assume ]
by n construction which would make our pow
i ers boundless. Our peculiar security is IN th