The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-08-09

~ decided Tia, such . ates nigh, be admitted, and
had adopted the most general language for this very
purpose
Bat, even if a doubt could have rested upon this
que .ton the admission of Louisiana, Arkansas, and
| Missouri into the Union, all composed Of territory
| acquired from France la 1903, and The cession OF
Florida the United States by Spain in 1919, would
have settled IL forever. The scruples entertained by
| MIR. jefferson a. one time, but which be afterwards
abandoned, could never have existed, had he been
member of the Federal Convention. ! might cite
the opinion OF Judge Story, and other eminent Ju.
risIs IN favor Of my position, but should deem this
| 10 be useless waste Of time 80 plain question.
IL has been said, however, that admitting this con-
| stfucton of the constitution 10 be correct, yet, as
Texas ID independent state, and not, like LOUISE
and Florida, territorial dependence of ioseigD
power, IL would be violation of the consttu ton 10
Taify this treaty. And this in the nineteenth
| ~, and in the American Senatei We had the pow
err orsoolh TO accept the cession OF terri cries from
Napoleon Bonapate and the King Of Spain, with
| out ever consulting the wishes Of the people whom
they ceded and yet have not the power acceIt
such cesslon from the sovereign people themselves
OF Independent State shalt not waste time up
! on such an argument. IT would prove that if ever
(Which God forbd) any of the States of this Union
should shoot madly fom their sphere, and establish
| an independent Government, We would possess no
| constitutional power, upon their enirea-
| ty, to restore them to their ancient position.
Again Senators contend that nation cannot
incorporate itself with another by means of treaty
But we have the direct authority Of Vaitel az ains
this proposition That au hor says that when a ma
ton has not sufficient strength of itself, and feels
itself unable to resist its enemies It may lawfully
subject itself to more powerful nation, certain
conditions agreed to by bo parties and the compact
on treaty Of submission will thenceforward be the
sure and rule of, the right Of each" And again :
This submission may be varied to nGHity, accord
Ing to the Will Of the contracting parties It may e-
Their leave the inferior nation part OF tho
ty, restraining only in certain respo cts, it may
ntt,nh ,I skctt Il. "A
the sovereign of the other finally the lesser
tio may be incorporated oh the greater order thence
tortcard 10 form Nth but ana the state and
then the citizens Of the former will hare The priui
ieges as those Nth ,chom they uniied-Book chap
| Is, sec 1884, p "a.
Never there an authority more directly in
point support of the treaty of anne xation. Under
II. Texas will be incorporated with the United States,
and her citizens i'll enjoy all the privileges of ct-
zens Of The United States.
A treaty is nothing more nor less than an agree
ment between sovereign powers and even if I exas
should be annexed by an act of Congress- Ito which
see no Objecon,) still this must be preceded by
some agreement, express or implied fixing the terms
and stipuations of the annexation
But the senator from Connecticut (Mr HuNrINc-
TOM has cOntended that Texas cannot be annexed
by treaty; because, if the United States should vio
late this treaty, the existence of Texas indie
pendent nation having been destroyed she could not
| enforce her rights by war; But sir, is the obliga-
have lost the power tn make war upon us Is
gagement less solemn and less obligatory in the eyes
of God or man, because the opposite party has not
the power to enforce III Are the United States less
bound to fulfil their engagements and discharge their
debts, because they cannot be sued in any court of
Justice We have contracted obligations to every
new State which has entered the Union and may
we free ourselves from these Obligations, because
such States have power under the constitution TO
| exact their fuhlment by war; Texas, after she
the Union. will be ureclseIy the
as one OF these States, and must trust to natio al
faith which has never yet been violated, for the OBJ
| servance OF the treaty.
now approach the main objection TO the treaty,
which has been urged by every variety OF argument
! and illustration. 1t is evidently that which its
opponents most rely and It therefore demands from
me a clear and explicit answer. shall state il as
| fairly as l can. The Senator from Missouri Mr..
BENToS,) and others following in his footsteps con-
| tend that Texas was province Of Mexico; that
| MEXICO is still waging justhable war for the g.
| subjugation Of Texas that if we annex Texas TO
the United States, we unjustly make ourselves a
| party to that war and that we would thus violate
our treaty with Mexico, aud expose ourselves TO the
condemnation of the civilized world for this breach
of faith. Nov, sir, differ entirely from the Sena-
tor from Missouri oil these propositions. l Ic-
greet this sincerely. This difference, however,
shall never estrange me from him, ought it, in
my opinion, 10 injure him, in the slightest degree,
in the estimation OF his party. He has been the
hero Of hundred fights in the cause of democracy.
His cheering voice has always been heard the loud
est In the hour OF deepest gloom. II he has erred
for once, not upon the principle Of utxaon, but
merely TO the time when IT can be best accom-
| plished, should this condemn him. No, never Still
| differ from him, and shall proceed to state my
| reasons.
Now, sir, highly as prize Texas, and ardcntly as
| desire her admission into the Union, ] would not
accomplish this purpose by means Of a crime.
would not do evil that good might come. To do
this is TO blight the greatest benefits, and TO
| that which, when honestly acquired, would be a
blessing, into a curse. II Texas cannot be acquired
but through volated treaties and unjust war; let ii
never be acquired.
| BY the hrst article Of our treaty with Mexico Of
the 5th pril 1884, 1t is agreed that there shall be
a firm, inviosbIc and universal peace, and true
and sincere friendship between the United States of
America and the United Mexican States, in all the
extent Of their possessions and territories and be-
tween their people aud citizens, respectively, without
distinction OF persons or places
quote the language Of this article, because simi-
lar language has been employed most Of the ca
ties OF peace between civilized nations for the last
three hundred years. Writer'S public law divide
treaties into two general classes FIRST those which
turn merely on things TO which the parties al
ready bound by the law OF nature,-secoDdly, those
by which they enter INTO further engagements a. TO
this fret class belong all simple treaties Of peace and
friendship, when the engagements which we thereby
| contract made addition to those duties that men
owe TO each other as brethren and as members OF the
human society "-Vatle, book 2, chap. ~ sec. 1863.
| The law OF nature and Of nature God commands
that all nations shall cultivate peace and friendship
with each other; ADD treaty stpua,lons to this effect
are only intended TO give this great law human
sanction. Now, sir, nearly all the wars which have
been wagcd in the world since the era OF civilization,
have contravened such treaties Of peace previously
existing between the belIigerents And shall VIC I'M
dertake to denounce all such unjust, and The
nations who have declared them vioiators of the
faith OF treaties BY no means. Neither the law of
nature nor The law Of nations proooupces any such
harsh judgment. There many cases in which a
nation, from the conduct Of the opposite party and
from variety Of causes, may be perfectly justlfa-
BILE IN absolving itself from the obligations of tres-
~. There Is memorable example OF this kind, in
cur own history, on which, however, express no
opinion On the 9TH July 1893, Congress passed an