Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1844-12-28
THE TREATY-MAKING POWER.
IheAamexed correspondence, which we copy
IRON The Evening Post, explains itself:

Inc ANNEXED correspondence, which we copy
from tht Evening Post explains ITSELF
Atb MONDAY EvEsIss.
DEAR Sf have taken the liberty send you copy O
an article Ssien for the Evening Post Mr. McDuFrIr
resolution rwhich endeayor prove it unconstitutional
VIM you DO NJ the favor to look it over, and TO give you
opinion ON the question Your long experience in public
affairs and intnlse knowledge Of the and opinions
our best age give sort Of claim you advise us wher
we think the CONSTITUTION assaed.
Most respectfully d truly, your most obeGlen servant
J. DAVID DUDLEY FIELD.
Hon. Albert GALLTls.
Nvw YoRK, DECEMBER III 1874.
DEAR SIN have received your note Of Yesterday ask
ing my opinion respecting The constitutional character Of tho
resolution for annexing Texasy Legislative act now before
Congress Had not that resolution leen proposed should
not have thought that there could be difference Of opinion
that subject.
doubt has been suggested whether the General Govern
ment has the right by its sole authority to add foreign indie
pendent state to the Union and have ever ee Of opinion
that conditions, might in treaty ratified ~ the Pres
dent and Senate such any binding the United states to pay
sum Of money, which would require the free asse Of Con
gress before such conditions could be carried into ee But
is unnecessary this occasion discuss those qu.ons
That now at issue is simply this In whom the power Of
TsuntsS ueaties vested by the CONSTITUTION
The United States have recognised the independence Of
and compact between Independent nations is
treaty.
The Constitution of the United States declares that the
President shall have power by and with the advice and con-
sent Of the Senate to make treaties provided twoths
the Senate concur" This power is given Congress
by any clause of the Constitution.
The intended joint resolution proposes that the treaty
OF annexation between the United States of America and
the Republic of Texas, signed the 18th day Of April
1874, (Which treaty is reced verbatim in the resolution
SHALL by the Senate and House of Representatives in Con-
gess assembled, be declared to be the fundamental law
union between the said United States and Texas soon
the supreme authority Of the said Republic of Texas shall
agree to the same.
The Senate had refused give consent the said treaty.
and the resolution declares that shall nevertheless be made
by Congress fundamental law binding the United States
transfers to majority of both Houses of Congress- with the
appreciation of the President and wohs Of both Houses
without his appreciation, the power Of making treaties which
BY the Constitution expressly and exclusively vested
the President with the of twohs of the Senate.
tsubsutes for written Constitution which distributes and
defines powers, the supremacy il is called the ono-
tence Of British Parliament The resolution is evidently
direct and in its present shape undsgused usrpation
Of power and violation of the Constitution
II would be difficult to show that it not less at war
with the spirit than with the letter of that sacred instruments
and that the provision which requires the of
OF the Senate intended guaranty of the States
rights and to protect the weaker against the abuse of the
treaty making power vested in bare majority But the
case appears to clear that would fear obscure that
which is seeviden by adding any argument the simple
recital Of the constitutional provision and Of the proposed
resolution.
have the honor to be, with high consideration and per-
sona regard dear sir, your most obedient servant,
ALBERT GALLATIN.
Dawn DuDLEr FIELD, Esq New York.