The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-06-09

STATE un1GT any pTefcxt tcaQttccT. MS pro-
vision was found In clause 4, section &c. OF arti-
Gle 3, of the constitution, and was objected 60
as being inconsistent with the constitution Of
the United States, and the rights Of the States,
as In some of those States free people OF color
might be citizens. This was the clause object
cd TO, and not the one sanctioning slavery. Mr.
Calhoun says the constitution was remanded
back 10 the State 10 have the slavery clause ex-
plunged. II was not remaaded for the purpose
of having anything expunged, but the contra
ry-to have something added-to obtain the leg.
islatve assent Of the State to the Joint Resolu-
ton OF the two Houses Of Congress declaring
that the clause in question should never be 30
construed as to exclude from settlement and the
rights OF citizenship, the citizens Of other States
emigraiing to Missouri. Mr.. Calhoun says the
State refused to comply with the requsition Of
Congress-. This Is more error. The State com
piled immediately; the legislative assent TO the
required construction of the Objectionable clause
being given on the Goth day Of June, In the
same year. He says, the State knocked again
with her constitution at the door Of Congress at
the next session, and that this gave rise TO the
most agitating discussion that ever took place
In Congress. This Is the very error Of the
moon. The State never applied TO Congress
again, but was admitted in the recess, and before
next meeting Of Congress, and by proclamation
from President Monroe. The proclamation was
issued the 10th Of August, 1920, in pursuance
to the joint resolution Of Congress of the second
Of March Of that year, expressly framed to save
the State from applying to Congress again. by
referring II to the President to proclaim her adj
mission soon she sssented TO the required
construction Of the obnoxious article. The fact
IL that Congress did not refuse TO admit the
State at alton the contrary passed a joint
olution at her first session Of the presentation
of the constitution, for her admission con a GER
tain ooRditioR"-on compliance with which
condition her admission was to be complete,
without further proceeding on the part CT Con-
gress, and was TO be so proclaimed by the Presi-
dent. All this appears in the Legislative histo-
~ of the country, and was automatically reel
ted in the Proclamation issued on the occasion.
This is the Proclamation:
WHEREAS the Congress of the United States,
by a JOINT resolution Of the 2d day Of March
last entitled "ResoIution proriding for the ad- |
mission Of the State Of Missouri into the Union
on a certain condition. did determine and de-
clare-"That Missouri should be admitted into |
this Union on an equal footing with the origin |
al States, in all respects whatever, upon the
fundamental condition that the fourth clause Of |
the Goth section Of the 3rd article OF the con- |
stitution submitted on the part of Bad State to /
Congress, shall never be construed to authorize l
the passage Of any law and that no law shall be
passed in conformity thereto, by which any
citizen Of either Of the States Of this Union,
shall be excluded from the enjoyment Of any
Of the privileges and immunities TO which each /
citizen is entitled under the constitution Of the /
United States: PrOUidsd, That the Legislature
Of the said State, by a solemn public act, shall
declare the assent Of said State TO the said /
fu fundamental condition, and shall transmit to |
the President Of the United States, on or be-
fore the first Monday in November next, an
authentic copy Of said act upon the receipt
whereof, the President, by proclamation, shall
announce the fact, whereupon, and without
any further proceeding on the part Of Congress,
the admission Of the said State into this Union
shall be considered completes: And ,ohereas, by
solemn public act Of the Assembly Of the
said State Of Missouri, passed on the 10Th OF
June, in the present year, entitled, "a solemn
public act declaring the assent of this State to
the fundamental condition contained in a reso-
luton passed by the Congress Of the United
States, providing for the admission Of the State
Of Missouri into the Union on a certain condi-
tion," IN authentic copy whereof has been
communicated to me, II is soemnly and public
ly enacted and declared, that that State has as
scented, and does assent, that the 18th clause Of
the Goth section Of the 3rd article Of said State
"Shall never be construed 10 authorize the pas
sage Of any law, and that no law shall be passed /
in conformity thereto, by which any citizen Of
either Of the United States shall be excluded
from the enjoyment Of any Of the privileges
and immunities 10 which such citizens are en-
titled under the constitution OF the United
States; NOW, therefore, /, James Monroe, Presi-
dent Of the United States, in pursuance Of the
resolution Of Congress aforesaid, have issued !
this, my proclamation, annou ncing the fact, that
the said State of Missouri has assented to the
said fundamental condition required by the
resolution aforesaid: wHEREuPoS the admission
Of the State Of Missouri into the Union is de-
clared TO be complete.
In testimony whereof have caused the seal /
Of the United States Of America 20 be sfixed I
to these Presents, and signed the same with my l
hand. Done at the city Of Washington, the
10Th day OF August ls2l, and Of the Independ /
ence Of the United States OF America, the 10th.
JAMES MONROE"
BY the President,
JOHN QUINcY ADAMS,
Secretary Of State"
Now, this proclamation was issued from the /
cabinet Of which Mr.. Calhoun was a member, |
and appears to have been as completely forgot |
ten by him as were the cabinet decision Of the
same year in favor Of the power Of Congress to !
legisiate upon the subject Of slavery in Terri |
tories, and TO abolish Il in territories-for that
was the effect Of the compromise act Of lS2O. |
He actually forgets that Missouri was admitted
upon a Proclamation, issued from the cabinet
council, Of which he was q member! and goes
on &c substitute the wanderings Of his irnagina-
ton for the legislative history Of the country,
in giving a supposed circu mstantisl accosnt of
what took place between himself and Mr..
Low ndss, after the second rejection Of the Mis-
souri, constitution, and which led TO the conelu-
sions which, according to him, produced the
compromise. "1o back cut, or compromise, scas |
the only alfeTnatir let aRd the latter eager
N saEsd upon 10 suOid hs disgTaee Of the form
sT." SO says Mr.. CaIhoun--and SO saying he
postpones the compromise a whole year, and
couples Il with an event to which II does not
belong and makes II the effect Of a cause which
never existed. II Is postponed from the session
1870 to the session '20-'2l; and II Is con-
nected with the fnal admission Of Missouri,
after she had become a State, instead Of being
connected with the preliminary act which su-
thorised her TO form State Constitution. Never
was such laundering seen! IL IL even question
able whether he Is not mistaken In the statement
that he and Mr.. Lowndes resided together at
the time that Missouri presented her constitu.
ton. He says they did. My impression Is to
the contrary--thst Mr.. Calhoun lived with his
family at that time, (session Of '20---'2l) in d
street, and Mr.. Lowndes in a boarding house.
1t is also questionable whether Mr.. Lowndes
did much towards passing the Joint Resolution
under which the State was admitted. He was
in declining health at that time; and although
he spoke once In favor Of the admission after ,
the constitution was presented, and spoke with
the manly sense and patriotic feeling which be- |
loDged TO him. yet he soon ceased TO attend, and
went abroad for his health, and died. II was ]
Mr.. Clay who consulted me about the joint reso-
luton, and with whom agreed thai il would ..
answer the purpose, and gave my opinion that :
the State would agree to Il Immediately, which !
she did. By that joint resolution the question !