Litchfield enquirer., 1844-12-26
DAVID DUDLEY FIELD.
Hon. ALsEar GALLXTfN.

Dear Sr--r have received your note Of yesterday.
asking my opinion respecting the constitutional
character Of the resolution fos annexing TexS by
Legislative act. now before CongFess- Had not that
resolutions been py0posed should not hsse thought
that there could be difference Of opinieO On that
suhject.
A doubt has been suggested. whether the Gene
raj Government has the night, BY ts sole authesity,
10 add foFaign independent State to the Union;
and I ever have been Of opinion that conditions
night occur in treaty ratified BY &c President
and Senate, such - any binding the United States
to pay Q sum Of money, which would require the
free assent Of Congressbesose such conditions could
Be CARRIED into effect. Bot il is unnecessary, on
this occasion, to discuss those questions. That
now at issue 10 simply this: In wfUsa - the power
og making treaties vested by the ConstitutioS g.
The United States have recognized the undergraduates
Of Texas; and every compact between Independent
wa4ieas ID treaty.
The Constitution Of the United States declares
tna the President SHALL have power, by and with
the advice and consent Of the Senate to make Urea.
ties. provided two thirds Of lhe Senator'S concur"
This power is not given 20 Congress BY any clause
0f the Conseisstiou.
The intended Joint resolutiop proposes TINT the
treaty of annexasi0n betweeu the United Stases u
Amesica md the Republic Of Texas. signed on the
I2tb os April. 1884, (which treated 10 recited yer.
bafim N the resoluilon) shall, BY the Senate and
Houss ef Representatives in Congress assembled, be
testses8t>so@se4A
tween the United States and Tsxay. % soon as
The Sspsens authority Of the said Kspublc Of Ten.
- sAall sExes % tile Anse.
The Senate had refused to give its consent 70
che said treaty. and the resolapn declares that it
shall nevertheless be made BY Congress funda-
mental Law, binding the United Ssatsss IL trans.
fers to- amsjsrty Of both Houses Of Congsesss with
the appreciation Of the President, and Of
both houses, without his appreciation. the power Of
making treaties, which, By the Constitution. was
expressly and exclusively vested in the President,
with the conssnA of twe thiyds Of the Senate. II
tributes and defnes DoweEg, the sgpsemaey. or q
il . called. the omnipotence q NJ Bylsh Parlia'
mont. TIE resolution b eeithnlIy . direct end in
10 present shape, an uAdisg1ised usufpaaion d
power, snd violation q che constitution.
Il would not be difficult % snow that i 10 moi
less ct war with the spirit than with me letter d
1hak sacred inStromeDt; and that the provision
which requires the consent Of twc.ahiIaS q thu
Senate, was intended - guarantees q The States
rights, and to protect the weaker akainst The abul
Il the trea9y.making power, iinve@ted in bare
majority. But the case appears e me % cIeaf
that would Far 10 ob9eufo that which y seif-ev'
ia.nt: BY adding any argument to the simple reci'
posed reealution. a H
have ne henor to be, with high consideration
and personal regard. dear cir. your most o6edien'
servant. ALBERT GALLATlN.
New YORK. 17eh Lie. 164z. ET
DAvID DUm.EY FHzD, Esq, New York.
.Gzssea 90 \ q .a3ams- Ths wsAingtsa cor.
RsspoDdena q sAs Tribune, snAss dAfs ofDec. 10
sags: esF
An attack wasMads today upse John Qainey
Adams. The circumstances attending the outragl
are these: A mAA name6 SMgstef. ofthis city, q
oGAlsxandria. cent woEd b one Of the messenger
thak he wanted to sse NJ. Adams Mr.. A. wsni
into the lobby, when man whom be had nsyel
sssa before stepped up to him and saids You an
Wsua9, and viii kick you? He then made !
pa8 WITH his hands at Mr.. As face, followed b
agoehsr attempt to strike, when Mr. A. seized botf
his hands and hsld thsm until some q the bysfsn.
oHs sepaRstea them. Mr. A. was quite cOols an
ID MT s1sm % mind il much. The offender VA
labM into elgasdT spA dslysged 10 tie city snshor