Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-09-20
= v.rmon,. until . similar d~ifhculsy arose in her own

| fh0ge VINO favored " "H0 20 -.
~ II was patronized, The saysJ "lst, From ancient
n,e;ndice against New York; I'd, The interest which me
piiransn If fhe New England States had in the lands grant
81 hv Vermont; Sd, But principally from the accession OF
weight they would derive from i in Congress" 1t was ops
nosed by other States than New YORK, me groana u
pnnose onnposition is obvious enough without recital, from,
.1sy An habitual jealousy of a pr"dominance of eastern IN
,eres, Cd. The opposition expected from Vermont TO west
ern claims; Sd, The inexpediency OF admitting so unlnhpo II
49,, = S,,ie 10 an equal vote in deciding on peace. and all
,an o,h.r Grand interests oi the Union; 4th, The influence OF
The example on a premature disIneinoeFinent Of Tic o'Hef
States" ..a, o,r,, ;, 10 doois;vo
with Virginia; and they were. 4,
X Nou cir before | 90 further ! desire TO pause here, TO call
rho at,,ntjon Of the committee 10 the similarity between the
indrsrces which existed in the case of Vermont and those
whirh exist now. and against the domination which the pro,
vision Of The Constitution under consideration was aesisneu
IN ,,,yit. Then. there was the prejudice against New
yorrt-now against Texas; then the interest OF some of the
nen,JJe or New England in lands in Vetmoni-now a SINH
lar ifn,eres,. il IS supposed, in the proceeds of those which
are 10 be rescued from Texas. Then, pr,inctpaHy, Mr. Madi1
sn, ,eis ms from tho accession OF weight the admission OF
Vernon; would give The Nor'h-now, principally, as none
will disYuie, tie same consideration. 81, on inc DINER hanu,
the grounds Of opposition were very similar.
g,sidrs tins difficulty about Vermont, which had actually
occurred, there were others very ANALOGOUS 70 II, Whleh
wcrc ,nricjoa,ed NJ the time of the formation ot The Constl-
tnIion Kentucky had already manifested Il DISPOSITION 10
sen,r,,e rom Virginia. Tcnnt ssee had actually done 50
from North Carolina, and SCI upa separate s'oyetnlneh., I'M
: der the name OF Farmland. \ similar difficulty was anti
cipa,ed, which afterwards actually occurred, between Ge"r-
qia and The settlers on her western territory, now Alabama
and Mississippi. And also Il similar one between Maine ana
Massachusetts. Besides these cases, the people oi western
Pennsylvania, numbering, near Two thousand, residing III
The DISPUTED territory between that State and virginia. had
san, a Inpp petition 10 the Continental Congress, "complaln-
ina nj m. grievances 10 which heir distance from public
authority exposed them, and particularly nj a late law Of
Pennsylvania introducing even consultations about a new
State within its limits; and praying that Congress would
give a sanction 10 their independence, and admit them into
The Union.
intended 10 be provided against; and it was 50 manifest, that
in nearly every proposition submitted in the convention.
contemplating the admission of new States, a remedy was
- -; ,yl.r UnrJs -, na.lu III - tbnpr n
restriction was imposed upon Congress. in the admission of
new States, extending to all cases Of disputes as 10 The regu-
larity of The formation of the new State.
The first resolution moved on this subject, was q part OF
the Virginia proposition, drawn by Mr.. Madison, but SUBJ
mitled by Gov. Randolph, on the first day Of the convention.
Ii was in these words:
Resolved. That provision ought 10 be made for the admis-
sion of States lawfully arising within The hmils Of the u.
States, whether from a voluntary junction OF government
and territory or otherwise, win lie consent VI q NUMBER ol
voices less than the whole"
The resolution as proposed by Governor Randolph was
ed by Mr. Pnckney Of South Carolina, and Mr.. Patterson
Of New Jersey, were referred 10 The committee on detail,
charged with The duty Of preparing The draft vi the Cons'i-
tuition. That committee reported n substitute for the reso-
luton of Governor Randolph, which continued the provision,
among Others. thai III new States shall arise within the Ii.
mils OF any oi the present States, the consent Of The Legis-
lature Of such State shall be necessary Ia its ad'nissinn."-
The provision underwent VhIious notifications until II as
sumcd tht share in which We now fnd il in the Consliru-
ton. Nhilr il was under discussion. LUTHER MARTIN yio-
lenriy opposed all hui the first sentence of il. "Noihing The
suid) would 80 alIrm tie limited States as L. make the con-
sent Of The large States claiming The western lands, ncces.
sary 10 The establishment OF new States within their limits.
IL is proposed 10 2'aiuniee tie States. Shall Vermont be re-
ductd by force III favor Of the States claiming Il? Frank
land and IN. W, stem country of Virginia were in the same
si,uarion." Again: lie Clr. l.. Mar;in) "ursed the unrea-
sonablencss OF forcing and guaranteeing the people of Nir-
ainia beyond Tie mountains, the Western people OF North
Carolina and Georgia, and the people Of Maine, to continue
under the States M" governing them" To obviate his ob-
Jectons he moved The following substitute: The Legisla.
turc oi he United States shall have power To erect new
States within, az w,l as wi,hour, he territory CLAIMED by
the several States. ar eithe. of them. and admit the same
into The Union; Prorided, That nothing in this Cons,it,-
ton shall be CONSTRUED IL affect the clim Of the United States
10 vacant Lands celci Ia them by thc late treaty of peace"
In support q; the original proposition, Mr.. Butler 2aid.
III new States wee IL b. erected without The consent of The
dismtmhered States, nothing bur confusion would tnsne.-
Whenever tlNes should press upon the people, denlagogucs
would set up schemes If new States"
Doctor JOHNSON was 'airaid thai ns The clause stood,
Vermont would b. subjected 10 New York, contrary to the
iaitn OF Congress-
Mr., Wilson: When the majority of Il State wish 10 d.
vice they can Do 50. The i'm uf those in opposition tn the
article, he perceived, was That the General Government
should dbet the minority, and by that means divide a State
against it. own consent"
In favor OF Mr. Martins substitute, only New jersey, Del.
aware. and Maryland voted; aud ihe provision as it now
stands III the Constitution was agreed 10.
We thus see that There was perfect accord between tie
friends anG opponents Of this clause Of he Constitution us
10 The effect IL wonld produce. 1t was agreed on all hands
that il would prevent Congress from admitting a new State,
which should arise in territory situated rs the western ter
riofy o! several of HE States was al that lime. without the
consent oi tie State concerned. For illustration, let us
SUPPOSE case which Inigtt have arisen in the northwestern
territory, II Nl!glUlt MA nor ceIed II 10 the Jnltei StafcS.
Virginia Claimed il as part OF her territory, although she had
never actually extended her jurisdiction over II. Bat her
title was disputed by the other States. They said, that al
though II was within the limits she claimed under her char
Ter, yet that she had not actual occupancy III il; that it was
in the occupancy oi hostile Indians; that il had been ac-
quirt,l from France by Great Britain in the treaty of 1863;
thai ii had ben rescued from Great Britain BY the common
efforts III all "f Tie colonies, who ny thtir conquest had sue
ceeded To her rights; and that therefore it ought to belong 10
al. Now suppose this dispute had not been ended by the
Virginia deed u cession, and the inhabitants Of the terrific
ry had met and formed a constitution and applied for ad-
mission into the Union; will any one say that c"nanss
could have decided the case in favor of tie United States by
their admission? Was il NOT precisely such Il case against
which the provision under consideration was designed TO
provide!
But, sir, / take higher ground. not only contend that
the provision under consideration was intended 10 ap-
ply Ia cases whore there was 4 dispute, hnt that 1t was only
To such il was designed L. apply. The idea that Congress
could tismemher a State, without lis consent, hv admitting
Il portion of IFS people who should meet within lis known
and recognized limits and form 4 Constitution, into tie Uni
on IL a new State, would have been al war with Every me-
ton OF government prevalent al the tiine, AMI never would
have entered the head oil the wise men ~ho favored the Com
sttution. II n portion of the people of Il State, within lis
undispnt'd jurisdiction, should inert without authority from
the existing Government, IL form a constitution preparatory
/, admission into tl. Union ne n new Siat.. il would be !
case of d 'mestic violence, for The suppression Of which,
another provision OF the Constitution would provide. The
provision 10 which / alude is the fourth section Of thu fourth
article Of The Constitution; the one to which Mr.. Martin
referred, and which is in these words: "The United States
shall guarantee 10 every State in this Union a republican
form ot government, and shall protect each of them against
inrnslon; and on application or the Legislature, or tse Exc
domestic violence"
We have thus seen the history Of the restriction npon Con-
gross in admitting new States. Now. sir, let u aprly 10 il
Mr. Jetfrrson's rule of construction in such cases "On eve
~ question of construction, tsaid hc) lei US carry ourselves
back 10 the time when the constitution was adopted. recollect
the spirit manifested in The debates and instead Of frying what
meaning may be squeezed out "f the text or invented against
il, conform TO the probable one in which it was passed.
Do this, and can there be n doubt left on the mind Of any
one as to the true construction Of the provision Of IN. con-
s;itution respecting the admission of new Statcs7 The re-
striction in il, was most clearly designed for n case Of dispu-
ted jurisdiction, and the purpose Of its trainers was, in such n
case u prevent Congress, which was go likely 10 he actua-
Ted by sectional or political views, from abetting Ito quote
the expression used in the Convention ,he new State by her
admission into the Union without the conscn, Of the State
concerned.
Now lei ia apply these PRINCIPLES 10 the case Of Now
Mexico. Two-thirds Of her territory and people are within
the limits claimed by Texas in her constitution she has
passed, years ago, solemn acts extending her constitution
and laws over il; TO n large portion of the territory included
in the limits claimed by New Mexico, she has actually cx-
tended her jurisdiction, by organizing her counties, establish
ing her courts, and administering justice in them, without
opposition from any one. Now, sir, if New Mexico, under
these circumstances, is admitted, will not Texas be ousted of
her jurisdiction, and curtailed in her limits, in fragrant viola
ton of the provision of the constitution which | am consi-
dering, and also the clause which declares that 'snothing in
this constitution shall be so construed as TO prejudice any
r II T-s--I c. 81. ~