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

ve1ni taes a'so, om extending the boundaries oil TIT
United States beyond their then existing limits. Blu
such would be the effect if the United States are no
permitted by the Constitution to acou re any new terri
tory, but are to be confined in their action Of admitting
new States into the Union TO such as we're 10 be com
posed OF the territory then owned by the u States
North West OF the river Ohio and TO the territories Their
| belonging to the several States
There are three modes of acquiring ne territory Il
a natior l BY discovery and ;akng NOS session Of ,
territory unocoupied; g By treaty with nation having
t,s, and such treaty may be for cession Of territory
or Of Union; 3 BY war and conquest
The tenth section of the frat article of the Constu
ton of the w. States, declares No State shall enter
into any treaty, alliance, or confederation So the
mode OF acquiring new territory by State, by treaty
with foreign power, does not exist under the Const
tuition Of The United States The power TO declare wal
vested in the Congress of the United States and pro-
hibed to the States-(Art |, Sec s. par ll)- and
when is begun by declaration on the part of the
United States or invasion declaration BY foreign
power. the execution and conduct Of the belong
to the President of the United States, as commander
| IN chief.
The title ny discovery and tukng possession of
territory, good by the law Of and the
tomary law of nations To say more on that subje c,
is not necessary TO matters of this discussion.
The power Of making is delegated to The United
States The important right OF acquisition OF territory
oy conquest, 10 power incident and necessary TO the
execution OF that power; and exists unexngushed and
without nbridgmeEt
President, by and with The advice and Of the
Senate, two thirds of The Senate concurring. This
power is delegated in full and Unlimited terms But
in explanation of this power is proper to observe.
that by treaty no State can, without it's consent
and be deprived OF any portion of its
rltory. This inability OF the atymakng power is
because Of any Limitation expressed in the Consti
tution but is the necessary consequence OF rule OF
universal obligation, which operates upon nations, as
we'll ns upon individuals. No person sell that 10
! VIII he has OF n n
title from seller who has not good title. The uris-
dicton, empire and domain the territory OF each
State belongs to the State, not TO the United States
AS necessary consequence Of this rule, the U Sates
could not acquire the territory, empire and domain OF
Cuba by treaty with Fance: nor could Spain acquire
the territory, empire and domain OF Portugal by trea-
~ with Russia.
But as 10 the territory, domain and empire, which
belongs to the United States, (not within the body Of
any State the T. States may make treaty of cession
TO foreign power, without obstruction by any limta.
ton the power Of making treaties, delegated by the
| Constitution OF the U. States.
AS to those territories acquired by the United States
under cessons, clogsed with stpuaticns and condi-
the United States, the obligations Of good faith should
RI present serious reflections the minds of the Pres
dent and Senate, before concluding and ratifying a
treaty OF ccsson Of any part OF such territory But
such stpulatons and conditions, after ratiaction of
treaty OF cessioa and delivery Of possession, could
not invalidats the tide Of foreign nation, to whom
q cesson shall have been SO made, ratified and exc
cuted
Tia, the treaiy-makiug power delegated by The Con-
sttuton Of the United States, does extend the &C.
QUESTION of tory, has been settled by the trea-
tv of purchase of Louisiana, by President Jefferson
1903, from France ratified ard approved by the Sc
nate; sanctioned by the Congress, by The law making
appropriations for carrying INTO effect the treaty and,
finally, BY the admission by Congress of the State Of
louisiana composed of part of the ceded territory
into the Union. Likewise, in the treaty with Spain,
for the purchase OF East and West Florida by Pres-
dent Monroe, concluded oD the god February, 1919,
ratified by the Senate, and sanctioned by the Con.
gress, by the law for carrying that treaty into effect.
And, likewise by the treaty concluded in 542 by Pre-
sident Tyler by and with the advice and consent Of
the Senate, by which, amongst other things, Rouse 6
Point wcs acquired from Great Britain to the United
States
The right of the United States to acquire new terri
tory by treaty. upon principle, and by the repeated
actions of.the Government, clear and ndrsputabls.
| BY the express power delegated, Texas may be ad-
m,ted into The Union as State by The Compressor,
1t may be acquired Territory of the U. States BY
treaty ratified by the Senate; and being acquired, it
may afterwards be admitted Stale, carved
into two States and admitted by the Congress
as States into the Union.
To the Congress the power belongs TO admit ne "
States into the Union the President by and with the
and consent of the Senate the power belongs to
acquire The territory of Texas to this Union which. as
State States may afterwards be admitted by the
| Congress into the Union.
III. As to the eIpedency of admitting Texas into
this Union.
| EN- informed that Treaty has becn concluded by
President Tyler, with Ministers of Texas, lawfully
commissioned and authorized, for the annexation OF
Texas TO the IT, States-and that il has been submit
ted TO the Senate for their advice and consent. am
informed to the terms and details of this treaty
repose salutary confidence in the President of the
u s. and in the Senate. For President Tyler, have
great regard and personal esteem. | know him, by
having served with him in the Senate Of the United
States. | believe him honest ia his intentions and =
patriot NV confidence is strong that the terms OF the
Treaty fair and reasonable otherwise. the Pfesi-
dent would have given to it his appreciation Hav-
ing no in formation as TO the particular provisions Of
this treaty, shall not discuss the treaty, nor the ex
pediency of raiying this particular treaty. but the
general proposition of annexng Texas TO the United
States.
This general proposition of xpediency of King
Texas 10 the United States shall examine under these
heads:
l. Is the Republic of Texas Independent nation
and entitled to be ranked such in the family Of
tons?
! H. Can the United States acquire good title TO the
territory Of Texas, by Treaty Of cesslon from tina
Republic
i'll The value of Texas TO the United States, ane
the obligation of The principles of natural law to &c
quirs the territory, if they cam by fair and jus
means.
Il w. The relations between the United States and thu
inhabitants Of tine territory of Texas, growing out o
8 the principles OF the law OF Vi
treaty of 30h April 1903, between the u States ant
i France.
h " The objections which have been made 10 q treaty
with Texas for annexation.
lst. Is the Republic of Texas an Independent ma
ton and entitled TO be ranked such in the family
naiionss
Texas was province of M.xco-party to the Con
sttu,on established in the year 1924, for the Govern
men, Of Mexico, and the provinces Mexico revoet
from Span-decared her ependencc-estabshe'
the Constitution of 1924 Republican in lis frame ane
provsons-and was acknowledged as al Independent
nation by the United States of the powers OF Eu
rope Tie Republics of South Amerca-and fiaall;
by Spain.
RI Afterwards Santa Anna, who was elected Preeden
under the Constitution, and thereby became Comman
der in chief of The Army and Navy of Mexico, turned
traitor to the Constitution, which he had sworn to sup
port protect and defend, and concentrated in himself
by usurpa,ion all the powers Of Government, IN VIC
laton Of the principles of the Constitution. The peo
pe of Mexico resisted the usurpatlon. Santa Anna BY
force of arms, subdued the people of Mexico to h'
yoke
The people OF Texas had not submitted 10 this usur
patton Santa Anna, in 1885, sent General, with 81
armed force, with orders disarm the Texans, lsav
inn onlv one gun TO every five hundred. This thu