The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-03-08

very, have been disposed this reasoning
the States. In this spirit Mr. Cushman Of Massachu
sets, in a speech on the Missouri question" in 1920
held the following language, which commend to the
Steps spTia .,c,v or orr ,onnn,i d. ,,v Of ,no oion
nand that the proud aspiring STATES should be taugh lc
know their distance to lower their lofty cress in
their humble orbs around the national government, the
OF The system and fe their dazzling radiance in the supe
ror splendor of his beams"
! This high toned federalism is broad enough TO afford
the resrctonists shelter, and s'to this complexion must
| they come" to accomplish their designs.
The relation OF the States and general government
be reversed history be forgotten the record
ed opinions of the fathers and builders of system
be oberaed to give currency to the edition of this
exploded heresy MIR. Madison, in commenting the
stution TO public favor, thus speaks of Its provisions
''he plan the convention declares power OF
Congress, in other words. of the national legislature,
shall extend 70 certain enumerated eases This speeiea-
eal legislative authority, because affirmative grant Of
general pse p pahol wS @al ns @e No.
Such, Mr.. Speaker, was the opinion OF statesman
Justly styled 'the father OF the constitution " and such
the construction adopted and adhered to by the
publicans of the old school, 1t is also familiar portion
of political history, that the federaiss attempted to
attain by construction, what the convention had refused
to grant in terms This effort led to amendment de-
caring that e pocerS not Delegated TO the United States
by the constitution prohibited by to the STATES are
reserced TO the States respectively on to the people, If
these views be correct must resort to the constitution
ascertain the extent of the powers of Congress-
forgetting that we are limited by the scope of specific
grants, and such incidental and implied powers may be
necessdry and proper to carry the express grants into
complete effect.
Mr. BRoDHEAp How does the gentleman reconcile
his views of the constitution with our right TO acquire
| Mr. BowDoN (resumng) The right to acquire foreign
territory has been acquiesced in and think properly by
every department OF the government-executve, legsla
tive, and judicial not only concede this right, without
regard to precedent but will IT convincing argu
men against the restriction docine' In the Of
the American Insurance Company ct al. Canter q Pc
tiers, Shy the Supreme Court decided that the United
States government, incidental to the and treaty
making power possesses the right OF acquiring terrific
rv This right is also incidental to the power of s'adm
ting new States into the Union and in both instances, it
comes clearly within the rule of construction for which
contend illustrated in the acquisition of Florida, and
the Louisiana Territory by treaty, and the annexation Of
Texas by Joint resolution of the two houses of Con-
gress But when territory thus acquired. the power Of
Congress it, as will hereafter show, is prescribed
and limited by the constitution, and not the result OF
inherent sovereignty The constitution designed to
operate upon the whole Union, whatever might be its fu
tuIe dmensons otherwise the rights and equality OF the
old States would be guaranteed by a fixed rule, whilst
Congress might dwarf or enlarge the power of the new
States at pleasure thereby substituting the dangerous and
varying discretion Of majority for the fixed and uniform
never designed by the founders OF the governments 1t
finds sanction in the terms OF the constitution; and is
at war with the expressed intention OF the convention
which framed it.
To construe properly any grant OF power, ii is import
ant to regard the circumstances under which was made
words employed The articles OF confederation contained
general provision for the admission OF States.
The article that subject specific IN its character
"ARTcLE NJ Canada ncceding confederation and
joining in the OF the United States, shall he adj
ned into, and entitled all The advantages of this Union;
but other colony shall be admitted into the unless
such admission be agreed to by nine States"
In contrasting the powers of Congress under the artl
cles of confederation and the new constitution, Mr. Mad
lson says:
'.Canada was be admitted of right, her joining in
the of the United States and the other colonies,
the of nine States The eventual establish
nen of States seems to have been overlooked by the
which Congress has been led by it, With great popriety,
t Me- 4s has the new system spe' the
How is this defect supplied The third section of the
fourth article of the constitution provides that ''new
States may be admitted into this Union Under what
restrictions But continues the section, 'no State
shall be formed erected within the jurisdiction of any
other State; any State be formed by the junction OF
two or more States parts of States, without the
sent of the lie yslaures of the States concerned, well
of the Congress-" The fourth section OF the
cle imposes additional restriction, by requiring the
Omitted States to guaranty to every State in this Union
republican form OF government Here Is general au
honty, bv the express terms OF the constitution to ad-
nit St-es, subject to three specified limitations,
Their of which touches the question OF slavery. Can
fourth limitation on this general authority be added by
the federal legislature exercising delegated and not inhe
rent powers And here both regard to the general
grant and Its limitations, invoke the aid OF the sound
and acknowledged rule of construction, that % eycep-
ton engtbenS the force OF cases
so enumeration weakens it in not enumerated"
The authority to admit States is not limited as
some suppose, to territory lying within the original limits
of the Union The language of the grant uoes not re-
qure such construction and the history of the
ton forbids IT, The article IN question: originally re-
ported authorized States to be established "Wthin
The limits of the then) United States" These words of
limitation stricken out, leaving general power TO
admit States without ard TO the territory out OF
which they miyht be formed (Madson Papers, l2lO
and li5s) This derives great force from other CIR
cumstances Our Union was originally bounded on the
west by the Mississippi river, ami on the south by the
3lst parallel of north latitude The farseeing statesmen
Importance of extending our limits TO the Gull OF MexI-
CO. and over the great valley of the west thus securing
the navigation of the mighty rivers which contribute
alike to its prosperity and grandeur, and uniting IN one
political brotherhood all the inhabitants OF that "most
magnificent dwelling place of man.
1t, them the trainers OF the constitution anticipated the
admission OF States, without limitation as to the ter
rory out of which they to be formed and desired
the restriction OF slavery within its original llms rty
the power conferred in the instance, and with
held in the oher There express authority to adj
NIT new States Is there any such authority to confne
slavery within any given parallels OF latitude and longi-
ude? Is the desired restriction necessary and proper
to carry into effect any enumerated power? Every can
did mind must give to these questions negative answer
Would such power that claimed, have been
left TO mere implication brief review of the past his
tory of the country rids the matter Of all doubt AT the
date of the Declaration of independence, slavery toll
Grated IN all the colonies, and continued to exist IN most
| OF the States when the constitution was formed. Many
OF ITS trainers shareholders and exercised IN the con-
venuon no unimporant influence They never would
have consented TO any plan of union drawing dstnc-
uon nyldous and degrading 10 the southern States The
constitution coniers on the government no power to abol
sh restrict domestic slavery whilst imposes the
States no prohibition TO its establishment That institu-