The Debates and Proceedings in the Congress of the United States, Sixteenth Congress, First Session, [Volume 1] Page: 143
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143
HISTORY OF CONG&ESS.
144
Senate.
Admission of Maine And Missouri.
January, 1820.
reservation, therp. is no restriction of power. If
the possessors of a territory are the sovereigns of
the domain, then, when they make a cession of
territory, they transfer ail the power they possessed.
If France had a right to abolish slavery in Lou-
isiana, then, when she ceded that territory, she
transferred that power to the United States, unless
restrained by stipulation, which, I contend, is not
the case. Has the Government this power, then
she may make a law to inhibit slavery in this ter-
ritory, because "Congress have a right to make all
' laws which shall be necessary and proper for car-
' rying into execution all the powers vested by the
' Constitution in the Government of the United
' States, or in any department or office thereof."
Mr. President, "new States may be admitted by
the Congress into this Union." Congress may
admit or refuse. If Congress may refuse, then
they may admit upon condition. If they may
admit upon condition, then they may exercise their
discretion in deciding what thoseeonditions shall be.
Now, sir, it will be my object to show that Con-
gress have uniformly gone upon this principle. In
every instance where new States have been ad-
mitted, Congress have prescribed conditions at their
discretion, except in the admission of Vermont.
The act admitting this State was approved Feb-
ruary 18, 1791. The situation of this district was
different from any other. After having been ab-
solved from any political connexion with her neigh-
bors, she formed a republican constitution, peti-
tioned Congress for the purpose,and was "admitted
into this Union as a new and entire member of the
United States of America." The act for the ad-
mission of Kentucky was approved the same month,
1791. This district, being part of the territory of
Virginia, previous to her being admitted into the
Union the consent of this Commonwealth must be
given. Accordingly, in December, 1789, the Gen-
eral Assembly of Virginia passed " an act concern-
ing the erection of the district of Kentucky into an
independent State." After making provision for
a convention, they say, if such delegates determine
that it is inexpedient, " the same may be erected
into an independent State, on the terms and con-
ditions following." Here are enumerated eight
conditions, with which this district must comply,
otherwise they are not permitted to form an " in-
dependent State." They acceded to these condi-
tions, formed a constitution, and petitioned Con-
gress for admission into the Union; and, on these
conditions, were " received and admitted as a new
and entire member of the United States of Amer-
ica." Tennessee was admitted June 1, 1796,
according to the cession made by North Carolina,
iii December, 1789, in which are ten specific con-
ditions. After the cession, the ordinance of 1787
was to have effect over this territory, except "Con-
gress shall make no regulation to emancipate
slaves." With all these conditions, sixteen in
number, Tennessee was admitted " in the same
manner as if that State had originally been one of
the United States."
On the 30th day of April, 1802, the act was ap-
proved for the admission of the State of Ohio
"into the Union, upon the same footing with the
'original States in all respects whatever: Pro
' the people form a republican constitution, not re-
1 pugnant to the ordinance of 1787, between the
' original States and the people and States of the
' territory Northwest of the river Ohio." Besides
these, Congress required, as " a condition, that the
' convention of said State shall provide by aft or-
' dinance, irrevocable without the consent of the
' United States, that.every tract of land sold by
' Congress shall remain exempt from any tax what-
' ever, for the term of five years."
The act for the admission of Louisiana was
approved April, 1812. Among other things, it
was declared—
" That it shall be taken a9 a condition, upon which
the said State is incorporated into the Union, that the
river Mississippi, and the navigable rivers and waters
leading into the same, and into the Gulf of Mexico,
shall be common highways, and forever free, as well
to the inhabitants of the said State, as to the inhabit-
ants of other States and the territories of the United
States, without any tax, duty, impost, or toll, imposed
by said State; that it adopts the Constitution of the
United States; and the constitution of said State shall
be republican, and consistent with the Constitution of
the United States ; that it shall contain the fundamen-
tal principles of civil and religious liberty; that it shall
secure'to the citizens the trial by jury in all criminal
cases; the privilege of the writ of habeas corpus; and,
after the admission of said State into the Union, the
laws which may be promulgated, and its records of
every description shall be preserved, and its judicial
and legislative proceedings conducted in the English
language ; that the said convention shall provide by an
ordinance, irrevocable without the consent of the Uni-
ted States, that the people forever disclaim all right or
title to the unappropriated lands; the same shall re-
main at the sole disposal of the United States; that
each tract of land sold by Congress shall remain ex-
empt from any tax for the term of live years ; shall be
considered, deemed, and taken, fundamental condi-
tions and terms upon which the said State is incorpo-
rated into the Union."
The act for the admission of Indiana was ap-
proved April, 1816. It provides "that the con-
' stitution shall be republican, and not repugnant
1 to those articles of the ordinance of 1787, which
1 are declared to be irrevocable between the origi-
' nal States and the people and States of the terri-
' tory northwest of the river Ohiothat the con-
vention shall ratify the boundaries prescribed in
said act, disclaim all title to salt springs; and
as much contiguous territory as the President may
think necessary to work the same, to one section
of land in each township, &c. These propositions
are offered for their free acceptance or rejection,
on the condition that the convention of said State
provide by an ordinance irrevocable, without the
consent of the United States, that their lands
shall remain exempt from any tax, for the term of
five years.
The act admitting Mississippi, was approved
March, 1817. The conditions are as follows:
" The constitution, when formed, shall be repub-
' lican, and not repugnant to the principles of the
' ordinance of 1787, so far as the same has been
1 extended to the said territory, by the articles of
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Gales and Seaton. The Debates and Proceedings in the Congress of the United States, Sixteenth Congress, First Session, [Volume 1], book, 1855; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30362/m1/70/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.