The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-07-30

oDal law and national policy, We take the liberty TO
ask your opinion of the constltutonality and expedi
ency of anneXing Texas to this Union.
You will have perceived that many of the distin-
guished of The nation have already been address
cd and have responded on this engrossng subject
We hope, therefore, you will not consider it out of
place IN US, your friends, TO ask your opinion.
With great respect
JAMES M. BUCHANAN.
JOHN ii. BRlSCOE.
Hon. GEORGE M. BrnB, Ky.
! LOUISVILLE, June 10, lS44
.Messrs j. NJ Buchanan and John H. Brscoe--
You ask my opinion Of the constitutionality and
expediency OF annexng Texas to the United States.
! AS much esteemed friends, your claim to my oPln-
ion is acknowledged and ! proceed to perform the
task. But the soothing praises in your letter awaken
my fears that, in the performance, shall show my
self not worthy the encomium you have bestowed -
However, friendly offering will be accepted although
not of sterling value.
For perspicuity, will define the sense in which |
und ers,and the "United States" They make ma
ton formed by and composed Of the several States,
coniederated and united under Government, pre-
scrlbed by written Constitution, proposed TO the
several States, and ratified by Convention held IN
each State, elected and deputed by the particular
laws of each-Rhich States have severally retained
their several respective State Governments, sove-
reignty, jurisdiction, and domain, except So far as
curailed by the powers delegated to the United
States and the incidental powers necessary to exc
cute those expressly delegated and the prohibitions
upon the States in the Constitution contained.
In addition TO those powers delegated TO the Fede-
raj Government, by the trainers thereof, there are
certain other powers conferred, and certain obliga-
lions imposed and rights thereirom resulting which
belong TO the United States TO every other nation
arising from the law of nature
lst Every nation is under duty to its citizens, by
the law of nature, TO take due to preserve and
perfect tse IT, and to defend all its members at
I tel linin RE 3
ID Since, then, nation is under the obligation to
preserve itself and all It's members, II has right, by
the law of nature, 10 every thing necessary 10 the
end otherwise the law of nature would contradict
! itself In prescribing duty, and Withholding the
means OF fulfilling IL. These means ought MOTTO be
unjust in themselves, nor absolutely fort ldd,n by
the law Of nature Vattel, Book l. Chapter ,, Page
! ISL
Sd In like manner, nation has right by the law
OF nature, every thing 10 secure II from threaten
ing danger, and TO keep al distance whatever like
y 10 cause the ruin of the State and obsruct It's per-
lection, and the safety of its members = Waite,
| book , cha p. 2, secs ~, 81.
4h Every nation has the right not to suffer another
nation TO obstruct It's preservation its perfection It's
security, from all injuries. This right is perfect be-
cause II given to fulfil a natural and lndspensa BILE
obligation. IL is safest to prevent the evil when it
be done and To all honest to anticipae
Vaccinations; with this special Observance, that We
do not Resort To force upon vague and uncertsn
| Nhutli poOh n secs ~ Ot, pages
li2, lab
5. When neighboring nation is IN Justly threaten
ed 10 be oppressed and overrun by powerful
such third nation If II can without posing se { to
great danger, Is bound by The law Of nature shield
and defend against the oppressor Natural obligations
and moral duty require that such succor should be
Afforded Vauel, Book ,, chap. l. sec 4 p 1875
6. That no defensive alliance has been CONTRACT ed
| by treaty, is for Withholding such succor
because the duty exists independently of conventional
law, being imposed by the law of nature. Besides,
this nation may in process OF time ind itself III need
| of succor, consequently TO exert and promote the
spirit of assistance rebounds to the safety Of he ma
ton so afordlng assistance. To comply with this
obligation and duty imposed by the law Of nature,
coinc des with good policy. Vatte book ,, chap /,
sec. A page l25
7. Man is 80 constituted by nature as to stand in
need of the assistance and society of his fellow
lures from infancy to the end of his life, in order to
preserve and perfect bus own person, and TO enjoy
rational happiness. Therefore nature has establish
ed law for mutual preservation assistance and COED
offices, amongst the whole human family BY en-
terIng into poht cal Government, men do rot free
themsel es from the obligations by which they werr
bound by law Of nature to the whole human family
The hole b.dy of the nation IS bound by the obi.
cations imposed by the law of nature upon each in-
dlvidua composing the nation. The duty # succor
aud assistance extends, only in a case o danger
arising from the oppression of powerful nation
before mentioned, but TO every calamity with which .
nation Is gilevously afflicted.
This obligation to render succor and assistance
belongs to tue class Of imperfect obligations; giving
to the one party the right to ask or accept bat to the
other parry t. Judge OF the OCCASION and Of the
sure of assistance.
Under tie obligation and justification Of his law
of nature to render assistance, mention these e1-
amples. In 1862, when the United Provinces were
threatened with the yoke Of Louis XIV, powerful
league was formed for assistance to the Unned Pro-
vnces. In 1858, when the Turks had beseged Vi.
emma, the King of Poland marched powerful army
to the relief OF the house OF Austria and drove The
Turks from Vienna; which glorious cunduct saved
Austria, and probably all Germany. and the King.
dom of Poland During our Revolutionary war
france and Spain were justified in the assistance by
them yielded to the United States Fortunately thei
grudge against their former enemy, uniting wah Ju
~ imposed by the law of nature, caused them to
yield assistance OF such great hazard whilst the wal
was raging between the United States and Grea
: Britain.
Under the general obligation imposed upon ration
to aid an assist each other under calamtirs man,
other instances of assistance, cases If earthquake
e famine, fire. SC. might be cited from the Unite,
States and from Europe.
Having stated the obligations imposed by the Ia v
OF nature upon nations, and the rights resulting a
consequences of those obi CATIONS with some ilustra
tons and examples, having relation to the subecu
ior confederation, proceed to the discussion of thu
consututonality and expedIency If anne.lnp Te1a
= to the Urited States.
l. As to the constitutional faculty and riqhtfsl au
thorlty OF the United States TO annex Texas
The stiiution, Art, ~, sec. g. declares
" New States may be admitted INFO this Union
bot no new States shall be formed or erected within
The jurisdiction Of any other State nor any State b.
formed by junction of one or more States or parts o
States, without the consent Of the legislature of thu
= States convened as well as of the Congress"
The grant OF power TO admit new States in th,
INST member OF that section, is general and upli
mited The prohibition against interfering with III,
f jurisdiction OF the several States without their con
sent, limits this power of the Congress- when ACTIN
within the jurisdiction Of the States, not farther
but does not abrdge the general power gwen wher
9 aeuhg 10 cases not touched by those prohibitions
The prohibitions show that tn power TO admit NO
states looked beyond those States already embrace,