Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-10-19
For THE ENQUIRER.
THE POWER OF CONGRESS OVER
THE TERRITORIES"


Under this head the Richmond Whis Of The
81 Aucnsi contains an argument, 10 prove thai!
Congress has The light /, abolish slavery, or i'm
pose any other restriction il p!eascs, in exercising
its power 10 admit new Sales into The Union,
and 10 make all nced(ul regulations respecting
The territory Of the UniIcd States. l'quoies Mr..
Lowndes, who said 'ihe Constitution gave 10
Congress the power Of admitting new 5 a.es. 10
lis broadesl terms" in aid OF lis Argument; but
The manner in which il arrived n its conclusion,
from either one or all Of these premises, IS per-
fectlv incom prellensisle. The Wings doctrine
practically denies The right Of the States 10 Ira me
their own constitutions, and 20 control their "
domestic concerns. This is Federalism in lis
worst feature.
The language Of the third section o! the
fourth article Of The Constitution is, new States
may be admitted by The Congress into this
Union:" and This may, indeed, be said % confer
the power in lis :. L,oaiesL terms" 50 broad, in
deed, that ! am unable 10 perceive any Just cause
Tor The surprise Of the Wing, that The Enqulf'r
should have approved Of the admission Of The
SIT ol Texas; ana loo broad 10 be restricted 10
tory already belonging 10 The" vniou' Staet E Uit
moi sufficiently broad 10 justly Congress in le-
~rislaling one grand division OF The Union out OF
is rights, or 10 impose restrictions, no where au-
;hnrized by lhe Constitution, from which all lis
powers are derived. The rich; 10 admit, States,
may be as ample as The Wing claims il 10 be-;
but presume il will not deny that these new
States are as sovereign, in al respects, as the
old-that they are entitled 10 the same rights and
benefits that other States in the Union possess;
and that Congress has no constitutional power 10
interfere with, or control their internal and local
affairs. But Congress has The right, according 10
he Wing, 10 annex conditions 10 The admis ion Of
such new States. To- certain extent this il GER
tainly true; but no reasonable man wonld contend
lha, IL went 10 the length OF denriving these new
States ofthe power of regulating their own internal
concerns as fully and efl.ctually as the Other
sovereionlies that compose This Union; ior equal
rights and privileges belong 10 all. Oh what ma
lure. then, are The conditions which Congress may
impose upon "new Safes" about 10 be admitted
into The Uniun2 This must be determined by
asccrlaipins the duties and obligations Of The diff
teren, members of The coniederacy with respect
10 The Constitution; Tor the Constitution being The
sole authority BY which Congress is empowered 10
act al all, il must constitute The measure o! is an-
,horiiy. Now, We know that every STATE is sup
posed. and, indeed, has actually given its assen,
10 The Constitution, which is The supreme law cf
the confederation, and no Sla.e can become a
member OF that confederation without being sub
jecl 10 that law. lis The du'y, lh%eIciure, o'every
State 20 obey lliis supreme law, and al obligation
also -csls Upon il 10 defend and uphold j. u is
manies,lY absurd, then. Tor any new STATE" 10
claim the right II admission inlo this Union, u II
i~espises and scys a, nauoht. h Constitution, which
is The very essc-c. Of HAT Union. These pro-
posi,ions no one, j, is presumed, will dispute -
II. then. the la VS. and Constitution oil such new
Stale conform 10 The Federal Constitution, and il
also has a "Rernt,ican. form Of Government"
contend, that Congress has no shadow oi right
10 exact any o.her conditions whaiever-nor mas
il The right, in my judgment, 10 refuse admission
absolutely, al leas, Of States formed CIT OF orr
own territory; for III. Sta'es in Convention could
never have designed empowering Congress Ia
keep a territory under perpetual pnpilagc. AS
10 HE cases cited by The Wig Michigan and
| Wisconsin-lhe refusal O.! Consressl 10 admiIihem
was either justified BY their nor. compliance with
The Prerequisites already mentioned, or II was a
gross usurpalion, founding no title 10 a second as
Sumption of tic same power. IEiced, The wing
itself informs us that one was refused "on account
ola &c i;air clause in her (Michisan) Constitution
naluralizine aliens" and hat Wisconsin was kep,
on, for a "similar reason" Now, the Constitution
of that very Union which they desired 10 enter,
conferred upon Congress the right ITO establish
an uniform rule Of naturalization" How then
could hey expect 10 be received whilst they re.
fused submission 10 this "unitofm rule" under
which all The other States we're eovernedI From
these cases the Wig deduces The monstTous
power of imposing what conditions Congress
chooses: and villa a fixed sectional majority,
from ann quarter of The Union, in Congress,
what | ask. is 10 become OF The rights oil The NIL
noriiy3 Are We 10 trust 10 The wisdom and is.
lice Of Congress" as the Wing adyiscsl The
trainers OF the Constitution themselves did not
trust 10 these, or they would hardly have been So
particular in specifying and enumeratine us
- .rn nonFocS / h. re nm mn.o PDt.
fdence in Them than lhey had. As 10 deriving
This authority from he enlargement. Of the pow
ers of Congress under The new Constitution, my
logic brings ne TO jus, the opposite conclusion.
Hinder he articles Of confederation il was found
that The grants Of power were loo nlegaId IN
many particulars il was therefore determined 10
frame a new Constitution and 10 extend these
grants. If il had been intended that This ex'en-
siun should be indefinite, why have any Cohsii-
tuition with limited concessions oil po&eri Inc
v.,v fact that Notwithstanding the inconvenience
o.; having those grants too small, in eniare-
ing them they were still kept within certain III
mis-, proves That thus tar aad no iaElhef were
they intended TO 60. No room was iei' iof lmpli'
cation, = there was the grant and thai was Inc
foundation and The measure oil the autnorilY coa'
viewed. And "broad' AS lbs terms are In which
the pcwer 10 admit new States is given 10 Con
eress, no human ingenuity can win Inc ieas'
Show OF reason deiuce from il any right OF law
tul authority 10 abriige in the least, The rights,
privileges and immuni;ies Of such new States,
| Ghe same enjoyed by the old) by imposing con-
| dirions and restrictions on Their admission into
the Union. And more, 1t is The RICH, ofevery as.
ISOLATION of individuals, when strong enough ant
sufficiently numerous TO assume The Responsible
lies Of self governmeni. TO organize themselves
into a Stale, il none existed there before. Anc
should Congress refuse 10 admit such Stale Until