The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-08-12
Fnan - IaaiaaA stais ssnaasl.
THE ADMISSION OF NEW STATES.


territories INTO Tie UHion and sundry politicians say hat
The constitutions Of these States contain rather
y not coniu certain provisions VII Be refused
lsm by Congress The question naturally arises has
Congress the power TO keep them ogtY Oh ye say these
esous On yes the constitution gives The power 70
congress- for Il says new States nag Be admitted IS Con-
ss iuto the Union il i matter optional with Goa
ruS II tie constitution meant &c enorce the admission
States, IL would have said States shah be ad-
urisd BY Congrusp &C. We differ with these gentlemen
nd 40 WITH az becoming Difference their coHst
laonal knowledge.
The federal government i Of delegated powers,
-ue Or the carrying into eet Of cerain things Many
soas labor under the Impression that Tie general gov
ament i the ioantinhead Of ali powers which il dis
rbutes y the States according its vii ane pleasure
msy forget never knew that al power which the ren-
"a government possesses euanAtas from the States WHO
y creator and preserver. They have given 10 their
trustee and SERVANT chart beyosa which Thai ustse can
aot daee not 60 they have laid down certain rules Of inter-
CREATION by which that charts 10 tie chart
he constitution q Tie uEiied States b. which he federal
-Jgeruneut and the Stes are firmly bouaG The federal
government has not the power 40 algthng apor-
.F mentioned ia tue constitution K has the power 10
AZ collect taxes to borrow money - regulate com
ueFce ~ re-esabsh naturalization and baukrurcy laws
S. bnt 40 power - prevent lhe admission 81 States
The only thing mentioned concerning the admission 81
States is in section "a az article w which says: View
States may be admitted BY Congress iuto the Unon The
gst of tie whole matter lies in be interpretation Of he
word mag
in he first place lei inquire any other word goud
have been used How would this New States HaAt be
admitted into the uHioa7da2 Before processing to fry
ash il is usually the catch them Before insist
ing upon the adnissica Of States II wond he wen
inquire whether anything existed Of which States
could be formed Such The above would seem
compel the admission Of foreign States TO territory
Of which States could he formed existed within
our own bounds.
New States shall be admitted The same objections
lie 10 the word shall tie word mlat New States
may be admitted tbe point exactly Il in effect
says II States shall be formed ont or the territory now pos
essed by the Uuited States aay hereafter he acquired
they shall be admitted wiih All The rights and privileges Of
the original thirteen Il leaves the optional the
States and makes Congress the instrument Of entry
Certain acquisitions be complied with before The
States entsT-they must have republican form
Of government see A art A. constitution y and 4 certain
number Of nhabtaAs because the constitution gives
Congress the power Of making The superintendent o rep
resentatyes, tparagraph constitution > when
these requirements complied with il the duty Of Con-
gress to throw open the doors admit them for al
though the constitution gives Congress tie power
admit does not give the power 10 forbid States
anter
The clause the section referred q above strikes the
very root Of the whole matter it "a effect says this gov
arnment e. erl "a ths peoPle--tbe people have
The ability ana power make thsF lawg-they shall
make their lawshrE may emigrate from the States,
20 into the Territories ard There form States and
when those States formed they may Pc admitted
this Union The clause gives permission the STATES
anter, and tells them 10 whom 60 ii order to enter
II general rule the construction of TINT
the word may public statne re construed IN
all where the legislature impose positive
and absolute futy and not merely give dise-
dunary power but general aa can be laid down upon
this subject further than Chat e&peseh ought he adopt
"a this cases which viii carry effect the
true intent ana object af the leslatnre il he eenest
Smiths Commentaries, page 724 The per0ta qugsi0
this er il . determine what the intent and object
9 the Legislature IN the Isl Does the c1nsiit-
lion give discretionary power Not 10 Congress GER
Lainlg. III il did IL would have said Congress may admit
States AT lis discretion ta ae permission Is given Is
the new ssa.esnew States may be admitted IA Green
Leaf % Evidence vol . 2B6 find he following
@I being the wekn0wn rule OF law that words Of per-
misaon il staale Il tending 10 prunloe he public bene-
a. inyeivnc the rights or rhird persons always
be held eompulsor The doctrine is laid down Ia
Kent T4sTl 5lT. Errn Reports ISL ~The words shall and
azy il gtnnra acts ~ PriiaanL private constita-
tons he construed ilpsrayey. Lord Chancellor
Hardwiek ID Attorney General Sir John Locke Z 7la
Atkynis Reports los In Rez Il Eegina "a Barlow sal
kelds Reports 500, Haa the following. Indictments
on IA Gar IL gans church wardeHs and CTerseers
fuF not making reimburse the constable exedP-
ton taken, thai the sue Only puts i ID r,er pow
or to do BY the word iaay, &cssa aloegtar
where directs tie doing Of thing for tho sake Of
Justice the public good The mgy the the
word shall thas 70 Il says tie shes aaay take bail This
i construct be shall for be Is compelled DO. 0ber
authorities gbi be cited prov that TIC word Ha very
oen has the Specification of the cord sba3 Thus our
liquor act where il says 4he commissioners nay
appoint sutale persona agents Il il Clearly there
Lie duty of a county commissioners ta appoint ana We
N a.. AZ