Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
The territory is ceded by the first article of the treaty. It will no
longer be denied that the United States may constitutionally acquire
territory. The third article declares that “the inhabitants of the ceded
territory shall be incorporated in the Union of the United States.”
And these words are said to require the territory to be erected into a
State. This they do not express, and the words are literally satisfied
by incorporating them into the Union as a Territory, and not as a State.
The constitution recognizes and the practice warrants an incorporation
of a Territory and its inhabitants into the Union, without admitting
either as a State. And this construction of the first member of the
article is necessary to shield its two other members from a charge of
surplusage, and even absurdity. For if the words “the inhabitants of the
ceded territory shall be incorporated in the Union of the United States”
intended that Louisiana and its inhabitants should become a State in the
Union of States, there existed no reason for proceeding to stipulate that
these same inhabitants should be made “citizens as soon as possible,
according to the principles of the Federal Constitution.” Their admission
into the Union of States would have made them citizens of the United
States. Is it not then absurd to suppose that the first member of this
third article intended to admit Louisiana into the Union as a State,
which would instantly entitle the inhabitants to the benefit of the
article of the constitution declaring, that “the citizens of each State
shall be entitled to all the privileges and immunities of citizens in the
several States,” and yet to have gone on to stipulate for citizenship,
under the limitation “as soon as possible, according to the principles of
the Federal Constitution,” after it had been bestowed without limitation?
Again, the concluding member of the article is to bestow “protection
in the mean time;” incorporating this stipulation, and the stipulation
for citizenship, with the construction which accuses the treaty of
unconstitutionality, the article altogether must be understood thus:
“The inhabitants of the ceded territory shall be taken into the Union of
States, which will instantly give them all the rights of citizenship,
after which they shall be made citizens as soon as possible; and after
they are taken into the Union of States, they shall be protected in the
interim between becoming a State in the Union, and being made citizens,
in their liberty, property, and religion.”
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