Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-08-09

The Admission of New States.

/ 4AG Aotu1SSlOU Vi N0~ olalOb
There is much talk nowadays concerning
the admission of Kansas, Nebraska, New Mexi
CO, Utah and other territories into the Union
and sundry politicians say that if the ConsLi.
tutions of these now States contain, or rather
do not contain certain provisions entrance
will be refused them by Congress. The ques-
ton naturally arises-has Congress the power
to keep them out? "0h, yesl' say these
persons. "Oh, yes, the Constitution gives the
power to Congress, for it says new States may
be admitted by Congress into the UniOn--it
Is a matter OPTIONAL with Uongress-if The
Constitution meant to enforce the admission of
new States it would have said new States
shall be admitted by Congress, &C." We diff
fer with these gentlemen, and we do SO with
all becoming Difference to their constitutional
knowledge.
The federal government is one of delegated
powers, trustee for the carryinginto effect Of
certain things. Many persons labor under
the impression that the General Government
is the fountain head of all powers, which it
distributes to the States according to its will
and pleasure. They forget or never knew,
that all power which the General Government
possesses emanates from the States who are its
creator and preserver, they have gwen to their
trusteeand servant a chart beyond which that
trustee can not, dare not go; they have lain
down certain rules sofinterpretation of by which
that chart is to be understood-that chart is
the Constitution ofthe United States, by which
the Federal Government and the States are
firmly bound. The Federal Government has
not the power to do anything, not specifically
mentioned in the Constitution; it has the power
to lay or collect taxes-to borrow money-to
regulate commcrcc-to re-establlsh naturali
zation and bankruptcy laws, &C.; but no pow
or to prevent the admission of States, the only
thing mentioned concerning the admission of
States is in Section Sd, of Article ", which
says "new States may be admitted by Con-
gress into the Union" Tho gist of the whole
matter lies in the Interpretation of the word
"may."
In the first place let us enquire if any other
word could have been used. How would
this, "New States must DC admitted into the
Union," do? Before proceeding to fry fish
it is usually the custom to catch them Be-
fore insisting upon tho admission of new
States it would be we'll to inquire whether
anything existed out Of which new States
could be formed. Such clause as the above
would seem to compel the admission of for
eign States if no territory out of which new
States could be formed existed within our
own bounds.
"New States shall be admitted The
same objections lie to the word shall as 60 the
word must. "New States may be admitted"
covers the point exactly; it in effect says If
States shall be formed out of the territory now
possessed by the United States or any here
after to be acquired, they shall be admitted
with all the rights and privileges of the origi-
nal thirteen. 1t leaves the matter optional to
the States and makes Congress the instru.
ment of entry.
Certain acquisitions must be complied with
before the new States can cntcr-thcy must
have republican form of government, (Sec-
ton 4, article ", Cons.) and a certain num-
Der of inhabitants, because the Constitution
gives to Congress the power of making the
apportionment of representatives, paragraph
8, Section ii, Article |, Cons when these re-
quirements are complied with, it is the duty
Of Congress to throw open the doors to admit
them. For although the Constitution gives
to Congress the power to admit it does not
give the power to forbid now States to enter
The clause in the section referred to above
strikes at the very root of the whole matter
it in effect saws this government is govern
ment of the people-the people have the
ability and power to make their own laws
they shall make their own laws--they may
emigrate from the States, 60 into the Terrific
ries and there form new States, and wher
those States are formed they may be admitted
! Into this Union. The clause gives pennis-
sion to the States to enter, and tells them to
whom to 90 in order to enter.
at is a general rule in the construction ol
statutes that the word may in public statute
| is to be construed must in all cases where tho
Legislature mean to impose positive and alb
solute duty and not merely to give mere
discretionary power, but no general rule car
be laid down upon this subject further than
that exposition ought to be adopted in this
as in other cases, which will carry into effect
the true intent and object of the Legislature
in the enactment Smiths commentaries
page 724." The verata questio in this mat
ter is to determine what the true intent anC
object of the Legislature in the enactment is
Docs the constitution give a discretionary
power? Not to Congress certainly, if 1t did
it would have said Congress may admit ncy
States at its discretion-but the permission j
given to the new Statcs-new States may b
admitted-In Greenleaf on evidence vol. 3
266 we find the following: at being tn
we'll known rule of law that words of per
mission in statute it tending to promote tn
nublic benefit, or involving the rights of thir
nersons. are always to be held compulsory.
The same doctrine is laid down in l keu
J 1861 517. ] Vcrn Reports 152-"The word
;, shall and may in general acts of parliamen
or in private constitutions are to be constTue
imperativelv." Lord Chancellor IIardwic
in Attorney General VS. Sir John Locke ct. al
| 2 Atkyn's Reports 165. In Rer ct Regin
{ VS.. Barlow Salkela's Reports 500, we fin
the following: "Indictments OH Ii Car. 2
~ AGAINST Church wardens and overscers f
not making a rate to reimburse the constable
7 Executions was taken, that the statute onl
@ puts it in their power to do so by the woT
/, NAV &c. Sed non alloat,u; for where sta
ute directs the doing of a thing for the SAX
of Justice, or the public good, the word D.o
e1 l. the same as the word shall, thus % ii
s saws the Sheriff may take bail; this Is constr
/. ed he shall; for he IS compelled so to do =
Other authorities might be cited to prove IN
the word may very often has the signitcatic
of the word shall. Thus in our recent lqu'
/. Act-where it says; "The commissione
J, may appoint suitable persons as agents, &c
1t IS clearly there the duty of the count
commissioners to appoint, and we think
+ mandamus would be granted by the Court
= compel them to appoint in case of a failu
It or refusal so to do.
C But perhaps some will say, If Congress
q compelled to admit new States, then MexiC
Cuba, Central America, &c. can demand as
matter of right, an entrance into the Union
not so-the people of this confedcracy ha
ii nothing to do with them, they are forei
n States. Congress has no jurisdiction ov
! them, and the context of the article refeT
a, 10 shows that the new States were TO
formed out of territory belonging to the UI
d ted States, and any territory which mig
If thereafter be acquired by gift, purchase
is conquest. If Cuba, Mexico, Central Amer
/ or other foreign States shall hereafter becor
i. the property of the United States, then {
.c