Tuesday, January 15.
Orleans Territory.
The House resumed the consideration of the bill authorizing the people of Orleans Territory to elect a convention to form a constitution preparatory to its admission into the Union as a free and independent State—Mr. Quincy's motion for indefinite postponement still under consideration.
Mr. Wright.—Sir, this bill is not, in my judgment, a violation of the constitution, nor have I a fear that it is fraught with those direful consequences with which the gentleman from Massachusetts (Mr. Quincy) threatens us. It will neither justify a dissolution of the Union, nor lead any citizen attached to it, even amicably, much less forcibly, to the contemplation of it, notwithstanding the predictions of that gentleman. That we are authorized to erect new States, I will prove both by theory and practice, and for that purpose I will first invite your attention to the articles of Confederation. By one section it is expressly declared that Canada may be permitted to enjoy all the benefits of the Confederation on the same terms with the other States of the Union. The thirteen States under this Confederation conducted themselves safely through the war; but finding, in 1787, that their requisitions had not been duly respected, and that New York had rejected some necessary commercial regulations, whereby their fiscal affairs were deranged, Congress, by a resolution, resolved that a convention of States should be held for the express purpose of amending the articles of Confederation. Under this resolution the Convention met, and proceeded to form the present constitution. Thus it will appear that they were to form the new constitution not ex pari materia, but out of the very materials of the Confederation.
As a conclusive evidence, you will find a number of the articles in each instrument literally or substantially the same, and thereby be justified in giving a construction of the letter of the constitution, so as to respect the spirit of the Confederation. By the third section of 4th article of the constitution, "New States may be admitted by Congress into the Union;" and by the next member of the same section, "the Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States"—hence I can have no doubt that Congress have the power to admit new States into the Union, that power being expressly given. It is however contended, that that power is limited to the admission only of those States that may be established within the limits of the United States, as demarcated by the Treaty of Peace. And the preamble to the constitution is relied on to establish that doctrine. "We, the people of the United States, &c., do establish this constitution for the United States of America." If this preamble is so imperious as to limit the positive provisions of the constitution, it will certainly limit itself to the States that formed the constitution—the negative of which has been determined. To prove which, here let me call your attention to the fact, that Vermont was not a member of the Confederation, nor was she a member of the convention that formed the constitution; she therefore was not one of the United States—was foreign as to them, and as distinctly governed as any other foreign power; she in 1791 was admitted into the Union, and the laws of the United States extended to her. She was not one of the old States, and was correctly admitted under the power to admit new States. Vermont was so repulsive to a confederacy with the United States, as not to be mentioned in the articles of Confederation. Can it be for a moment doubted that Canada, expressly mentioned, might be now received as a new State, by becoming independent, or by purchase, when Vermont has been admitted, who was not mentioned in the Confederation? Can there be an opinion that the framers of the constitution intended Canada should be excluded from the benefits of the constitution, when before invited into it? When, by the express letter of the instrument, "new States may be admitted," and when Vermont, not mentioned in the Confederation, has been admitted? Such a conclusion can never be the rational result of such premises. But it is objected, that, as this Territory was obtained by treaty, and after the formation of the constitution, it cannot be admitted into the Union as a State.
I have shown that new States may be admitted, that Vermont has been admitted, and that Canada was expressly entitled under the Confederation, and by the terms of the constitution may be admitted as a new State. "Congress may admit new States into the Union, and make all needful rules and regulations with respect to the territory or other property of the United States." This is certainly a territory, the property of the United States, and Congress as certainly may, if needful, that is, expedient, admit it into the Union. We are told, I presume to retard this measure, that the limits are in dispute, and that, if made a State, they cannot afterwards be settled by the United States. That this is not the case, I will prove by theory and by practice. By the treaty-making power vested in the President and the Senate, they may treat on all subjects within the treaty-making power, with foreign nations; and where the limits of any foreign power adjoining the territory of the United States are not ascertained to their mutual satisfaction, they certainly may settle them by a treaty of limits. This is the practice and usage of all nations, and the United States by a treaty of limits with Great Britain, did settle the beginning of their northeastern limits, at the river St. Croix, whereby they gave up seven miles to Great Britain, which was taken from a State—hence I presume no difficulty can arise on the subject.
The question was then taken on the motion for indefinite postponement, and lost: yeas 28, nays 78.
The main question was then taken that the said bill do pass, and resolved in the affirmative—yeas 77, nays 36.