Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)Parker, Theodore
Religion
Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)
Parker, Theodore
Sermons, American; Unitarianism
I will not stop to consider the constitutionality of the joint
resolution which annexed Texas. Mr. Webster's opinion on that subject is
well known. But the resolution does two things: 1. It confers a power,
the power to make four new States on certain conditions; a qualified
power, restricted by the terms of the act. 2d. It imposes an
obligation, namely, the obligation to leave it to the people of the new
State to keep slaves or not, when the State is admitted. The words _may
be_, etc., indicate the conferring of a power: the words _shall be_,
etc., the imposing of an obligation. But as the power is a qualified
power, so is the obligation a qualified obligation; the _shall be_ is
dependent on the _may be_, as much as the _may be_ on the _shall_.
Admitting in argument what Mr. Webster has denied, that Congress had the
constitutional right to annex Texas by joint resolution, and also that
the resolution of one Congress binds the future Congress, it is plain
Congress may admit new States from Texas, on those conditions, or refuse
to admit them. This is plain, by any fair construction of the language.
The resolution does not say, they _shall_ be formed, only "_may_ be
formed," and "shall be entitled to admission, under the provisions of
the Federal Constitution"--not in spite of those provisions. The
provisions of the Constitution, in relation to the formation and
admission of new States, are well known, and sufficiently clear.
Congress is no more bound to admit a new slave State formed out of
Texas, than out of Kentucky. But Mr. Webster seems to say that Congress
is bound to make four new States out of Texas, when there is sufficient
population to warrant the measure, and a desire for it in the States
themselves, and to admit them with a Constitution allowing slavery. He
says, "Its guaranty is, that new States shall be made out of it,... and
that such States ... may come in as slave States," etc. Quite the
contrary. It is only said they "_may be_ formed," and admitted "under
the provisions of the Constitution." The _shall be_ does not relate to
the fact of admission.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account