The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1844-05-10

ter, that they will not in all res ects correspond
with yonr own. If, however, such OF my fellow
citizens as are neither influenced by preudices, nor
warped by self-interest, concede to my opinions
the merit of having been formed under views d.
rected to the preservation and advancement OF the
honor and best interests of our common. country,
| as whole, and expressed with sincerity which
overlooked, as far feeble natures will permit
us to do, all personal considerations most favor
able anticipations will be realized.
1t has already been made my duty to act ofiicial-
ly on at least two several OCCASIONS butn different
forms, upon the subject matter to which your
questions have reference.
| Having charge of the department of State in
1929, prepared, by direction Of the President,
instruction to our minister at Mexico, by which he
was directed to open, without delay negotiation
with the Mexican government for the purchase OF
the greater part of the province Of Texas, and by
which he was likewise authorized to insert in the
treaty provision similar to that in the Louisiana
and Florida treaties for the incorporation OF the
inhabitants of Texas into the Union as soon as it
could be done consistently with the principles OF
the federal constitution. The reasons in' favor
of this measure stated at large in that document.
In taking this STEP the administration of Presi-
dent Jackson renewed (but, as was supposed, under
more favorable circumsances)a an attempt to accom-
plish the same object which had been made by its
immediate predecessor Instructions, similar in
their general object, had in the second year OF the
latter administration, been sent from the depart
ment of State to the same American minister at
Mexico. | am not aware that there were any
material differences between them other than that
those of 1927 proposed an acquisition OF territory
as far west as the Rio del Norte-being, belived,
the extreme western boundary Of Texas-whllst
the cession asked for by President Jackson extend
ed only as far west the centre of the Desert or
Grand Prairie, which lies east of the river Nueces
and for the former the payment of one million
of dollars was authorized, whilst by the admins
tration of President Jackson, the American minis
ter was permitted to 60 as high as four, and, if
indispensable, five millions. Both authorized
agreements for smaller portions of territory, and
the payments were modified accordingly In res
pect to the proposed stipulation for the ultimate
incorporation of the inhabitants into the Union,
both Instructions were identical.
| In August, 1887, proposition was received at
the department of State, from the Texan minister
at Washington, proposing negotiation for the
annexation of Texas 10 the United States. This
was the first time the question of the annexation
of a foreign independent State had ever been pre-
sented to this government In deciding upon the
disposition that ought to be made of it, I did not
find it necessary to consider the question of con-
stitutional power, nor the manner in which the
object should be accomplished, if deemed expe-
dient and proper. Both these points were there
fore, u terms, passed over in the reply OF the
Secretary of State to the Texan minister, as SUBJ
iects the consideration of which had not been
entered upon by the executive
The first of these, viz: constitutional power--is
now presented by your inquiries; not, however,
in precisely the same form. Then the application
was for the immediate admission of Texas into the
Union as an independent State; your question
looks only to its annexation as part of the territory
of the United States. There is no express pow
er given to any department of the government
to purchase territory except for objects speci-
fed in the constitution, viz for arsenals &C.; but
the power has, on several very important occasions
been regarded as embraced in the treaty making
power: and territories have been annexed with
view and under engagements for their ultimate
admission into the Union as States. If there be
nothing in the situation or condition of the terrific
nv of Texas. which would render its admission
hereafter into the Union as new State improper,
can not perceive any objection, constitutional
grounds, to its annexation a territory. In speak
ing of the right to admit new States, must, Of
course be understood as referring to the power Of
Congress. The executive and Senate may, as
have already observed, by the exercise of the
treaty making power, acquire territory; but new
States can only be admitted by Congress; and the
sole authority over the subject, which is given to
itby the constitution, is contained in the following
provision, viz: "new States may be admitted by
the Congress into this Union" The only rostric-
tions imposed upon this general power are, 1st:
That no new States shall be formed or erected
within the Jurisdiction of any other State; nor,
2dly: Any State formed by the junction of two or
more States parts Of States, without the consent
Of the legislatures concerned, as well as of Con-
ress,-restrictions which have no bearing upon
the present question The matter, therefore stands
as it would do if the constitution said, 'new States
may be admitted by the Congress into this Union"
without addition or restriction That these words,
taken by themselves, are broad enough to author
ze the admission of the territory Of Texas cannot,
l think, be well doubted; nor do perceive upon
what principle can set up limitations to power
so unqualifedly recognized by the constitution in
the plain simple words have quoted, and with
which no other provision of that instrument con-
Aicts in the slightest degree. But il, with no 9TH
or guides than our own discretio n, we assume lin
itations upon power so general, we are at least
bound to give to themsome intelgible and definite
character. The most natural, and indeed the only
one of that natrfe which has been suggested. and
was presented by Mr., Jefferson whilst he enter