Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-05-24

head Of the Ohio; and e-,hird of Pennsy lvania IS
rlersected by streams which water a part of the
great voley. Virginia then included Kentucky, as
three fourths of her territory was within the great
valley, and the Ohio and Mississippi itself were it's
boundary for than thousa nd miles North
Carolina then included Tennessee, and was bounded
for hundreds Of miles, by the river Mississippi, and
Georgia then embraced Alabama and Mississippi, and
was not only bounded for several hundred miles by the
great RIVER, hut advanced TO within few miles Of the
city OF New Orleans Is possible that all these States
forming the Constitution could have intended pro-
hbt forever the acquisition of the mouth of the Mis-
s,ssIpp then IN The hands of hostile and despoc
foreign power The Constitution contains no such
suicidal provlson and all the historical facts both be-
fore and after its adoption, against any such anti
American restriction As 10 a treaty. it only neces-
s7ry ind eating the assent of the ceding ncon and
II that has been gwen already, in the Of Texas,
without treaty, our acceptance may be made by Com
gess Suppose the Constitution Of Teyas forbid the
except by Congress- when their Congress pass
ed the asserting law, could accept by act Of
Congress- Or supposed Texas any other contiguous
territory, was vacant and unclaimed by any power,
could we not 1t by act Of Congress, One of the
g.ouuu1 :ss..red in Conoress, and by Govern
ment, defence OF our tide 10 Oregon is its alleged
discovery and occupancy by US, dong before the treaty
with Ffnrce,) being ore Of the acknowledged modes
by which nations acquire territory but II we can
only acquire icHltory by treaty, then this ground,
upon which we CLAIM title 10 Oregon must be abar-
doned. 1t would be strange, indeed, if the treaty.
making power (Which, under Constitution is purely
an Executive po"er) could territory, and yet
that The Executive, and both Houses OF Congress
bned could not Then, If France Spain had for
ever refused to cede to rs Louisiana or New Orleans
could We neVer-no, not even by conquest in war
have occupied and annexed them by act of Congress?
Congress, then, having the undoutted power to annex
territory and admit States and Texas hayng as
sened IN advance msy either be admitted n, once ss
Territory, or Stale, or States, Congress may pro-
vide for the respective admission OF States
from Texos, as has often heretofore been done To
other States, the whole question Of annexation
not heng one whether this Government has the power,
but only how il must be exercised; and whether only
by OF the branches Of This Government by all
combined And IT the power vested IN Congress by
the Constitution To admit States does not of itself
embrace territory then constituting part of the Union
we'll as all future acquisitions, there power 10
admit new States, except out OF territory which was
part Of the Union hen the Constitution formed;
but as this Interpretation cannot prevail without
peIlng three States from The Union, and forb,ddng
the admission &c Iowa. ii must be conceded that this
power OF Compress 10 admit Statss does not ex-
tend to future acquisitions This being the case what
can be more clear than that Congress may admit Il
State States out oil Texas, II her assent gwen
perceive II has been III form obligatory as n
treaty. la TRUTH the power to territory by trea
ty does not so much exist as mere implication from
the treety-nahng power as from the grant TO Con-
gress admit States out OF any territory what
ever, although not then part Of the Unon and the
right to by treaty results mainly of
when necessary the assent of another Go
vernme IT. especially when that assent be obtained
in other manner.
Something Ike this was done by The xa,ion, by
Congress, OF the Florida parishes to he State of Louis
ana They had been claimed and iema ned for many
after the cssion of Louisiana the exclusive
occupancy Of Spain. hen The American settlers re-
volted, assembl. their convention, declared their indie
pendence and, by successful revolution, wresed this
territory from the dominion of Span, and Congress re
tha. al, d.l, So
nsurgent convention; and the Legislature of Louisanr,
,ter the adoption OF her Constitution, aud admission
The unoo without this '..S' he coosan ot h..
PRESS annexed il to the State of Louisiana.
3D., The annexation may be accomplished by one OF
lie States Of the Union, with the sanction of Congress
That each o;be States the power extend her
boundaries before the adoption Of the constitution will
not be denied aud that the power still exists certain,
nDiess II is abandoned by the STATE forming the Co.
vernment Of the Union Now, there is no such aban-
donment unless it is fonnd in the following clause
Of the Constitution: mo State shall without the
sent Of Congress, enter into any agreement COM
pact with another State, with foreign power
Each State then, may, with The of Congress,
center any agreement or compact with another
State with torlgn po'ccr Texas, If not ours, IS
foreign power and If she by law, assenis 10 the re-
annexation, whole or IN part IL Louisiana or 10 Ar
kansas, and those States, by law, agree to the
rron i, is can agreement compact between TO-
power and State of the Union, and is clear
Iy lawful, with "he consent Of Congress- 1t would
not be treaty, which is the exercise of executive
power but compact by law, and precisely similar
10 the numerous compacs, called, by which, by acts
Of Congress and oil State Legislature, many
mens, especially with the Stltes have been
made by mere legislative enac;menls. Nor need the
assent of Congress be given IN advance 1t was not so
given on the admission Of Tennessee, Arkansas and
Michigan but, if gwen subsequently, il would ray
the pre- extension of their boundaries by Lonls
ana or Arkansas There are them these three modes, by
ANY of which Texas may be reannexed TO the Ame
rican Union lst BY treaty 81. BY act of Congress,
without a treaty and, 3d ny the of State, with
The sanction Of Congress. But, If it be- otherwise, and
the Constitution only applies territories then attach
I'd 10 the Union, aud delegates power for the acqu
siton o any other territory, prohibits The
he processing power OF each State TO extend her
then there would remain in each State the
right of extensnn beyond The control Of Con
press | have not asserted the existence Of such
fig hit State but if the clauses quoted do not
the authority on Congress, and the xaon is
refused that ground then the annexIng power,
right enlarge their boundaries, would result 10 any
one of the States, and, with the consent Of Texas,
could be exercised. Perceiving, then, what power
:us 10 HE Slates from The DENIAL Of the power of
ne alton by Congress, let agate such question
advance of denial Of It's authority by Congress,
but discuss the question on its own merits alone.
is it expedient 10 re.nnnex Texas 10 the American
Unlon' This is the greatest question: since the adoP-
ion of the Constitution, ever presented Tor the dec'-
,wn and although surrendered by treaty TO Span the
surrender long resisted by the American Govern
me nj and conceded TO be great sacrifice. This
beng The case it clear that, when the territory
which we have most reluctantly surrendered, be
eacqured, that object should be accomplished; Under
such circumstances, to refuse The remuneration is 10
deny the wisdom of The original purchase and to re-
Hec upon the judgment of those who maintained even
the period Of surrender, that it was great sacrifice
Of national interests.
Texas as Mr.. Jefferson declared, clearly en-
braced in The purchase by of Louisiana N Orleans
Itself and that it part of that region, IS demon
sra,ed by the discovery by the great la Sale, Of the
source and mouth of the Mississippi, and his occu-
pancy for France West of the Colorado. Our right
10 Texas as part OF Louisiana, asserted and
demonstrated by Presidents Jefferson, Madison, Mon
roe, ard John Quincy Adams. No one OF our rre-
MIS- has ever doubted title; and MIR Clay has
ever maintained i, clear and unquestlonable. Lou
isiana was acquired by treaty with France, IN leo3,
nv Mr. Jefferson and the letter OF Mr. Madison, the
Secretary Of State dated March 81, 1904, he says,
exercising his own views and those of Mr. Jefferson,
that LOUISIANA ex!endsd West*ardly TO the Rio Bra
vo otherwise called Rio Gel Norte. Orders &C
cordingly obtained from the Spanish authorities for
the delivery of ALL posts the West side of The
Mississippi. And in his letter Of the 3lst January.
1904, Mr. Madison declares that Mr.. Laussa', the