The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-12-04
From ~ Journal II Coa.ss<res.
ANNEXATION OF -TEXA1.

From ~ Journal " Cos.as<res.
ANNEXATION OF -TExAs. a
In o0s forHSs semsxks oA~shis syb3esew Ne
made no&liuSpn = the oas.iaasiSha nue{ ion.
ThstthsR isspcha qass,isn, y hey ost dnbs
The Constitution provides tha< Sdev Staf1,
may be admitted by the Congress into thi.
Union" but does not say that such States may
or may not coasist Of territory acquired By e s
sion or purchase. The psehahiaisy = fAes u.
trainers of the Constitution, in adopting the sec
ton, bad in view territory then belonging 10 III.
United States, and not foreign territory. But
on the other hand, il i. to be noted that there j.
no provision in the Constitution prohibiting
the acquisition of foreign territory, or the for
nation of States out of it, when acquired. IL
point Of fact, both have been done on Iarg,
scale. AS TO the acquisition Of foreign territory
we have only to mention Louisiana and Florid )
neither Of which territories was in posses
sion OF the United States at the time the Con
stituton was adopted. And as TO the admission
Of new States into the Union, formed out q
territory so acquired, we may instance The
States of Louisiana, Arkansas, and Missouri
Parts Of Mississippi and Alabama also consis
Of territory which was included in the Louisisns
purchase. In like manner, Florida will soon
seek admission into the Union; and no one, SC
far as we know, has ever raised an objection tc
such admission, on the ground that The territory
out of which the new State is 10 be formed was
acquired by cession, since the date Of the Con.
stituliou. 1t is true that when the queaion car.
rying into effect The louisiana treaty was
brought before Congress, objections were raised
on the ground aforementioned. Mr.. Jefferson
himself expressed an opinion adverse 10 the
constitulionality Of the admission. The cession
OF Louisiana was made by France on the 30ih
Of April, 1903. In August of the same year. in
a letter to Mr.. Breckenridge, after stating that
the treaty must be laid before Congress, who he
presumed would ratify it, and pay for the terri
tory therein acquired, be adds "But suppose
they must then appeal to the nation for an add
tlonal article 10 The Constitution, approving and
confirming an act which the nation had no, pre-
vous.y authorized. The Constitution has made
no provision for our holding foreign ter
ritory, still less for incorporating foreign ma
lions into our Unon'' The Treaty in ques-
lion expressly stipulated that s" the inhabitants
of the ceded territory should be incorporated into
the Union of the United States, and be admit
ted, as soon as possible, according 10 the princi-
Piles Of the Federal Constitution, TO all the rights,
advantages, and mmunities of citizens of the
United States" The Treaty therefore involved
not merely the question Of the right OF Con-
gress TO acquire foreign territory, but Of their
right to organize new States out Of the territory
so acquired. Nothing less than this can be
meant by the stipulation that the Inhabitants of
the coded territory should be admitted to all the
rights, advantages, and immunities, of citizens
of the United States. 1t was SO understood by
the House Of Representatives when the Treaty
was submitted TO them for The purpose of being
carried into effect, and the question was warmly
debated on this very ground. The friends of
the Treaty however prevailed, and Mr. Jeffer-
son did not interposc his reto. This shows
either that his opinion against the constitution
ali,y Of admitting States into the Union com
posed of territory no, belonging to the United
States at the date Of the Constitution, was not
very decided or that he did NOT deem his obiec-
tions of such nature as 10 require him to in
terpose his veto. The Constitution provides
that every bill, before it becomes law, shall be
TO the President that "if he approve,
he shall sign il; but il not, he shall return it,
with his objections" AS Mr.. Jefferson did not
return The bill TO carry into effect the Louisiana
Treaty, but signcdit the necessary inference is,
that he on the whole approved" of it, The
stress, therefore, which is laid upon Jefferson's
constitutional objections, by The opponents of
the annexation Of Texas, appears 10 admit of
some abatement The vote Of the House pro-
vding for carrying the Treaty into effect, was
an expression Of opinion on the part of that BODY
in favor of The constitutional of forming
States out Of territory originally foreign; and
still more direct and unequivocsl opinion was
expressed by The Congress of 1912, when they
admitted the State Of Louisiana into the Union.
In the House, the vote on The question of ad-
mission was 70 to %. A similar opinion was
expressed by the Congress Of 1919, when Mis-.
sour was admitted into the Union, and by that
Of 1896, when Arkansas was admitted
We have, then, four distinct presidents, by
as many different Congresses, in favor of the
constitutlonallty Of admitting States into the
Union composed Of territory which was foreign
at the date Of the Constitution and two direct
precedents in favor of the constitutionaliry of
acquiring such territory, VIZ. the Congress Of
1903, when Louisiana was CO ded 10 the United
States, and that Of 1921, when Florida was
ceded for i, must be taken for granted thai a
Congress Of the United States would not nten-
tionaly violate the Constitution.
distinction may perhaps be attempted to be
drawn between the case OF Louisiana and Flor-
da on the one part and that of Texas on the
other, grounded upon the fact that the two first
named territories were not of themselves inde-
pendent, but dependencies of France and SPAIN
while Texas is to all intepts and purposes an
ode ne dent nation We admit that tbere IA