The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-29
EXECUTIVE SESSION.
SPEECH OF MIR. WOODBURY..
CONTINUED.
OF NEW HAMP HIRE.

In Senate, June 4, lo4i.-ln secret session the
treaty for the annexation of Texas TO the United
States.
CONTINUED.
Most people considered the line to run north on
that river only to the mountains though he legisla-
tore of Texas, by law, have claimed to to its
source. But Texas, by mere law, could adjure no
title beyond what she conquered from Mexico and
actually governed. Hence, though her law includes
more than the ancient Texas, she could hold and
convey only that or at the utermost only what she
exercised clear jurisdiction over As to that there
is, and can be eventual contest and the deed Of
cession, like one by an individual at common law,
would practically pass no more than was owned and
under IT, the grantee would get no more if he could,
and could not If he would'
Another reason assigned why II is not our duty To
accept this cession Is, that the Senate, by ratyng
the treaty, do, IN con junction with the President de
clare war when, by the Constitution, il cannot be
declared without the consent Of the whole of Con-
gress. This entirely falls TO the ,und f my views
are right, that all treaties like this are imperative
till law of Congress passes to carry them into eff
feet. For then, before IT. validity is perfected so as
TO produce war, the whole Of Congress assents.-
Even in England, act Of Parliament is necessary
10 give effect TO some treaties was held here in
Jays treaty in 1896 and in other treaties after the
late war, as well as IN the treaties for pun chas
Louisiana and the Fiordas Whenever money Is To
be paid, officers appointed, aud a territorial gov
eminent organized, act of Congress is ndispensa.
bic to complete its operations Hence, without go
ing into the question: how wide a range of discretion
exists IN passing or not passing such act, war il
not declared, waged I'LL Congress chooses TO do
ii by subsequent act If, before that It is com
menced against us wrongfully, II may be on this
any other occasion, Congress still retains the pow
To repel 1t negotiate On the very theory upon
the other side, the act Of the President and senate
alone, far regards war; is beyond IT. authority
and negatory by the Constitution. How tb. H. can
the President and Senate alone make or wage war:
and how i'll grounded the fears that by ratiyng
the treaty, the Senate compromises the country IN
hostiliues'
The Senate and President can form treaty Of
alliance but the country cannot and will not there
by be plunged into war, unless Congress assent
So, on the other hand, they form a treaty Of neu-
traty or Of peace, and yet the country will not
and cannot be retained IN state Of peace, If Con-
gress plea-es to declare war.-(See Jefferson
Life, page 49S..
At the utmost, in this case, the President and the
Senate cannot adopt any thing which does not exist
and therefore, as only liability exists to war they
adopt but liability and not itself; and that
liability Is neither just ITSELF nor countenanced by
the rest Of the world. The utmost which the ratif-
cation accompishes, even we're the treaty operative
without an act Of Congress, is to adapt or expose
ourselves TO the state of things which exists now
between Mexico and Texas.
the law Of Texas, including in her claim more
than she actually occupied doubtless originated very
nnocenty in the following section Of the compact
by Santa Anna with President Burnet 10 1896 agree
ing solemnly that Texas shoald extend not only to
the mouth Of the Rio del Norte, but thence to its
source
5th. That the following be, and the same are
hereby, established and made the lines Of demarca-
ton between the two republics Of Mexico and of
Texas, 10 wit The line shall commence at the es
tuary or mouth Of the Rio Grande on the western
bank thereof, and shall pursue the same bank up
the said river, TO the point where the river assumes
the name Of the RIO Bravo del Norte, from which
point Il shall proceed the said western bank to the
head water, or source Of said river-it being under
stood that the terms Rio Grande and Rio Bravo del
Norte apply to and designate one and the same
stream. From the source Of said river the principal
head branch being taken TO ascertain that source
due north line shall be until il shall intersect the
boundary line estab shed and described IN the treaty
negotiated by and between the government Of Spain
and the Government of the United States Of the
North which line was subsequently transferred TO
and adopted in the treaty Of limits made between tho
government Of Mexico and that Of the United States
and from this point OF intersection the line shall be
the same as made and established in md by the
several treaties above mentioned TO continue to the
mouth or outlet Of the Sabine river and from thence
to the Gulf Of Mckee, (Sec 3 Foo,'s Ills ana
compact between Texas ami Santa Anna in 1896
And some articles in the newspapers, very ably
written in 1929 bad also insisted that the country
ceded and los by US in 1919, contained 225 900. 600
Of acres. Whereas the whole land claimed by ley
as, rghtfully wrongfully, and in actual possession
or not and whether too much or too little il only
2o3,320,OOO acres according to The official man be-
tore US and that number Of acres claimed in is2o
cannot be Obtained without going TO the utmost limit
Of he boundstits since laid down on this man on ,bc
South and North and East as well as West