the river Apalachicola, thence along
the middle of this river to its junction with the Flint River, thence
straight to the head of the St. Mary's River, and thence down the St.
Mary's to the Atlantic Ocean."
I have been thus particular to draw the minds of gentlemen, distinctly,
to the meaning of the terms used in the preamble; to the extent which
"the United States" then included; and to the fact, that neither New
Orleans, nor Louisiana, was within the comprehension of the terms of
this instrument. It is sufficient for the present branch of my argument
to say, that there is nothing, in the general nature of this compact,
from which the power, contemplated to be exercised in this bill,
results. On the contrary, as the introduction of a new associate in
political power implies, necessarily, a new division of power, and
consequent diminution of the relative proportion of the former
proprietors of it, there can, certainly, be nothing more obvious, than
that from the general nature of the instrument no power can result to
diminish and give away, to strangers, any proportion of the rights of
the original partners. If such a power exist, it must be found, then, in
the particular provisions in the Constitution. The question now arising
is, in which of these provisions is given the power to admit new States,
to be created in territories beyond the limits of the old United States.
If it exist anywhere, it is either in the third section of the fourth
article of the Constitution, or in the treaty-making power. If it result
from neither of these, it is not pretended to be found anywhere else.
That part of the third section of the fourth article, on which the
advocates of this bill rely, is the following: "New States may be
admitted by the Congress, into this Union; but no 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 of the Legislatures of the States concerned,
as well as of the Congress."
I know, Mr. Speaker, that the first clause of this paragraph has been
read, with all the superciliousness of a grammarian's triumph--"New
States may be admitted by the Congress into this Union,"--accompanied
with this most consequential inquiry: "Is not this a new State to be
admitted? And is there not here an express authority?" I have no doubt
this is a full and satisfactory argument to every one who is
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