The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-07

Youghiogany in MARYLAND, and the Allegheny in
New York, uniting at Pirsburg, where they form
the Ohio, to the outlet OF all into the Gulf. II we
look at the condition OF many OF the States when
the constitution was framed, We Will lind II could
never have been adopted had IT forbidden the ac-
QUESTION of the only outlet ct all the products OF
the West. The waters OF western Maryland, and
of western New York, commngle with those OF the
Ohio and Mississippi There stood Pittsburg at the
head of the Ohio; and onethird OF Pennsylvania is
intersccted by streams which water part OF the
great valley Virginia then included Kentucky
hree-fourths of her territory was within the great
valley, and the Ohio and Mississippi itself were Its
boundary for more than thousand miles. North
Carolina then included Tennessee, and was bound
and Georgia then embraced Alabama and Misss-
sipp, and was not only bounded for several hun
bred miles by the great river, but advanced to
within few miles OF the city OF New Orleans
Is it possible that all these States, In forming the
constitution, could have intended TO prohibit torey-
er the acquisition OF the mouth OF the Mississippi,
then in the hands OF hostile and despotc foreign
power? The constitution contains no such sulci-
dial provision and all the historical facts, both be-
tore and after its adoption, are against any such
anti American restriction AS to treaty, II IS only
necessary indicating the assent Of the ceding
ton; and it that has been given already, as in the
case OF Texas, without a treaty, our acceptance
may be made by Congress. Suppose the consttu-
ton of Texas orbid the cession, except by Con-
gress when their Congress passed the asserting
law, could not we accept, by act OF Congress =
Or suppose Texas, or any other contiguous terri
tory, was vacant and unclaimed by any power,
could we not annex II by act Of Congress- One
| OF the grounds assumed IN Congress, and by
our government, In defence OF our title TO Oregon,
is Its alleged discovery and occupancy by u.s. llong
before the treaty with France, being one Of the
! acknowledged modes by which nations acquire ter
ritoy; but if we can only acquire territory by rea
ty, then this ground, upon which claim title tC
Oregon, must be abandoned. 1t would be strange
indeed, il the treaty making power (Which under
our constitution, Is purely an executive power)
could annex territory, and yet that the executive
and both houses OF Congress combined, could not.
Then, if France or Spain had forever refused to
cede TO us 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 undoubted power to an
mex territory, and admit new States, and Texas ha-
wing assented in advance, may be either admitted
at once, as a Territory, or State, or States, or
of one or more States from Texas, as has often
heretofore been done as to other new States, the
whole question Of anne xation not being one wheth-
er this government has the power but only how II
must be exercised; and whether only by one OF
the branches of this government, or by all combin-
ed And If the power vested in Congress by the
Constitution 10 admit new States, does not OF itself
embrace territory then constituting part OF the
Union, well as all future acquisitions, there IL
no power to admit new States, except out Of terri.
tory which was part OF the Union when the Con-
stiuion was formed; but as this Interpretation can
not prevail without expellng three States from the
Il,
must be conceded that this power OF Congress to
admit new States, does extend to future acqusi-
tions. This being the case, what can be more
clear than that Congress may admit State or States
out OF Texas, her assent IL given, as we perceive
it has been, in form as obligatory a treaty r
In truth, the power to annex territory by treaty
does not so much exist as mere implication from
the treaty p,aking power as from the grant to Con
gress 10 admit new States out of any territory
whatever, although not then part OF the Union
and the right 10 annex by treaty results mainly as
| u means OF obtaining, when necessary, the assent
Of another government, especially when that assent
| can be obtained IN no other manner.
I; Something like this was done by the annexation,
by Congress, OF the Florida parishes to the State OF
Louisiana. They had been claimed, and remained
for many years after the cession Of Louisiana, in
can settlers revoted, assembled their convention
declared their Independence, and by successful
revolution wrested this territory from the dominion
of Spain, and Congress recognised the acts, ant
| assumed and paid the debts OF the insurgent con
vention; and the Legislature OF Louisiana, afte
| the adoption OF her constitution, and admission
| into the Union, without this territory, subse
quently, by mere legislative enactment, with thu
consent of Congress, annexed 1t to the State O
Sd. The annexation may be accomplished by
one of the States OF the Union, with the sanction
Congress. That each of the States possessed the
power to extend her boundaries before the adoption
Of the constitution, will not be denied and that
the power still exists is certain, unless is aban
doned by the State in forming the government OF
| the Union. Now, there is no such abandonment,
unless il is found in the following clause Of the
constitution: "No State shall, without the consen
| of Congress, enter into any agreement or compact
with another State, or with foreign power
Each State then, may, with the consent OF Con
another State, or with foreign power" Texas
if not ours. is foreign power; and IT she, by law
assents te the reannexati0n IN whole or in part, Il
Louisiana, or to Arkansas, and those States, by
| a.
| or compact" between foreign power and State
of the Union, and is clearly lawful with ''the con
sent OF Congress" 1twoud not be a treaty which
| is the exercise OF an executive power, but u com
pact by law and precisely similar to the numersu,
compacts so called, by which, by acts OF Congress!
and a State legislature, 80 many agreements, espe
cially with the new States, have been made b,
mere legislative enactmerts. Nor need the assen
| Of Congress be given in advance; it was not 8,
given on the admission of Tennessee, Arkansas
and Michigan but If given subsequently, II woult
ratify the previous extension Of their boundarie
by Louisiana or Arkansas. There are, then, thes
three modes, by any one OF which Texas may b
treannexed 10 the American Union. lst BY treaty
I'd. BY act of Congress, without treaty; and Sd
BY the act OF a State, with the sanction OF Cor
gress. Bat, if it be otherwise, and the constutIo
only applies to territories then attached to tn
Union, and delegates no power for the acquistio
of any other territory, prohibits the exercise
the pre-e existing power OF each State to extend he
boundaries, then there world remain IN eacA Stat
of Congress have not asserted the existence o
such right in State but, II the clauses quoted
do not confer the authority Of Congress- and tn
re annexation is refused on that ground, then fh
anne king power, as right to enlarge their bounda
ries, would result to any one OF the States, and
with the consent Of Texas, could be exercised
Perceving, then, what power results TO the states,
from the denial of the power OF annexation by Con.
gress let US agtate such question IN advance oil
denial OF its own authority by Congress, bnt DIS
1 cuss the question on lts merits alone.
| Is it expedient to re-annex Texas to the Amer
lean Union9 This is the greatest question, since
the adoption. Of the constitution ever presented
| was once our own and although surrendered by
treaty to Spain, the surrender was long resisted BY
the American government. and was conceded to be
great sacrifice This being the case, is IT not
clear that. when the territory, which we have mos
reluctantly surrendcred can be reacquired, that OBJ
iect should be accomplished! Under such clrcum-
stances TO refuse the remuneration is to deny the
wisdom of the original purchase, and to reflect upon
the Judgment of those who maintained, even at the