Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1858-05-19

original thirteen States.
II That same condition precedent was ap.
Piled 10 fhe State Of Illinois, and npou 4
strict compliance with that condition wa,
she permitted 70 come into the Union
The same condition precedent was applied
to the State Of 1ndiin and without that
condition complied with she would not
hHye been permi,tsd to come iBtotbe %
ion. Her people Pettionei Congress to
repeal that restriction, and C0Hgfess re-
ported through RondOllb, Of Roanoke,
against the repeal, and refused to 10 t.
| Now, SIT, on these conditions precedent
| might rest this argumentj but there is yet
smother Of grest sW8'6caHcs--tbe celebra-
ted joint resolution which authorized the
admission Of rs1a, into the Union. The
whole territory embraced within the limits
Of that State notwithstanding the asserted
sovereignty Of the State--wss by coadi.
ton precedent set forth 10 the act Of ad.
mission. subjected TO certain conditions
and restrictions imposed upon no other
State OF the Union. Upon this point l
challenge contradiction.
| What is the general provision oftbe
Constitution? Simply that new States may
be admitted by Oongfess iotO the Union;
also, that further provision, "that DO new
State shall be formed or erected within the
jurisdiction Of any other State, nor any
State be formed BY the junction Of two or
more States, or parts Of States without
the consent 10 the latter easel Of the
Legislatures Of the States concerned, as
well as of Congress" And what was The
condition precedent annexed to The admiss
ioD Of the State Of Texas? / will read
the act that there may be no misunderstood.
ing Of. it. 1T is as follows;
"ResOlVed By tie Senpte and House of
Representatives OF tie United States of
Ameriea in COngreSe assembled, That
Congress doth consent that the territory
properly included within, and rightfully
belonging to the Republic Of Texas, may
be erected into a new State, TO be called
the State Of Texas, with republican form
Of government,to to be adopted by the people
of said Republic, deputies in convention
assembled. with tue consent Of the existing
Government in order that the same may
be admitted as one Of the States Of this
Union. .e B Ik1osse ..E.I
"2. And be it further resolved, That the
foregoing consent of Congress is given up
on the following conditions, and with the
following guarantees, to wit. First. Said
State to be formed, subject to the adjust
ment, by this Government, of all questions
of boundary that may arise with otherGov
ernments;and the constitution thereof, with
the proper evidence of its adoption by the
people Of said Republic Of Texas, shall be
transmitted to the President of the United
States, to be laid before congress for its
final action, on or before the Ist day of
January, 1S43. Second, Said State, when
admitted iuto the Union, after cediag to
the United States all public edifices forti
fications. barracks. ports and harbors. navy
aud navy.yards, docks, magazines, arms,
arnaments and all other property and
means pertaining to the public defense be-
longing to said Republic of Texas,shall re
tain all the public funds debts, taxes. and
dues of every kind, which may belong to,
or be due and owing said Republic; and
shall also retain all the vacant and unappro
priated lands lying within lis limits, to be
applied to the payment Of the debts and
liabilities of said Republic of Texas, and
the residue of said lands, after dischargiug
said debts and liabilities, to be disposed Of
as said State may direct; but in no event
are said debts and liabilities to become a
charge upon the Governmental tbeUnited
States. Third, New States, o; convenient
sEe, not exceeding four ID number, in adj
litioni to said State Of Texas, and having
sufficient population, may heredteLby the
consent of said State, be formed cut of the
territory thereof, which shall be entitled to
admission under the provisions of the Fed.
eral Constitution. And such States as may
be formed out of that portion Of said ter
rtory lying south of SO deg. 80 min. north
latitude, commonly known as 1he Missouri
compromise line, shall be admitted into
the Union with or without slavery, as tie
people of each State asking admission may
desire. And in such State or States as
shall be formed cut ofsaid territory north
OF said Missouri compromise line, slavery
or involuntary servitude Except for crime
shall be prohibited" sa-.a'
There is a restriction upon State Sover
eigntY-Texas as a State. as well as the
new States hereafter to be formed within
the limits Of Texas, are bound and fettered
by that restriction--by its terms no new
State can hereafter, be formed within The
territory Of Texas and admitted into the
Union, unless such State so to be formed,
north of 36 deg. 80. north latitude, shall
forever exclude slavery:
Sir, with the precederts. and the great
and commanding authorities Of Jefferson
and Madison, who signed the statutes |
have cited, it seems to me it is not nseessa-
ry to multiply arguments upon the subject
Of abe power of Congress toimpose these
restrictions, aud thus limit State sovereign.
ty. .a
Mr.. GIDDINGS, wish to make one
suggestion here, and that is that the gen.
tleman from Georgia, Mr.. STEPHENS,
voted for those resolutions for the admiss.
ion of Texas. . af
Mr., BINGHAM. That is consistent
with bis argument here to-day;in claiming
that the Congress Of the United States
may impose conditions precedent upon the
admission Of new States within the limits