Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1845-03-03
n PEI e. N
OF ss HON.. WILLIAM c. RivEs. Of rrsi.is OF
80 Rsssisf'ss Tor tAs Aassrsisn Of Texas.
~ sESArE UNITED srArrx-rrrRuAsy Is. lsts.
CONTINUED


An sns~ps hsa boon made TO attach o technical spd ca.
seAeas meaning TO us word. which, &c adopted, went TO
sse'sds many isssrnshsnai contacts. Bot vas this so :
We were N possession OF what vas Justly deemed the
hAsAsRssnssfty on such questions. vauel told US wha,
wss shs naked fundsmsnllc onespdon Of . treaty, defining
hD b "s public compact between Independent sovereign
powers" That was the whole matter; there was no mys-
tsry about o. He knew indeed that. in the language of
dipsomscy, we had both treaties and conventions, but con.
vsnnons were all trcstes IL not, whence did the Senate
derive lie power TO rahfy conventions, ~ csllcdi An agree.
rosnt between Two nations In reference 20 q spt ci6c object or
20 . single Get 60 be performed. such rs the pa, m,nt of in.
esrsniues of the liking OF some unimportant boundary, was
ssashy denonisnsted aconvenion; still il was in substance
. nesty. TOT the term treaty was generic and comprehendcd
the wsose. a treaty. recording t- the highest authority.
wes simply IN International compact.
IL go Important to know in what sense this err ,,e,,v
wee understood by the people when they were called on q,
rsuiy the treaty making power, ne laid down in the new
Conssss,ioo. And ON this point IL gave him grea, pleasure
federsint. which not only furnished a definition Of n ,rca.
~. bat went 10 explain the whole nature, philosophy, and
uue conception OF the treaty making power. Gentlemen
322:
"1hs essence Of the Legislative is to enac, laws; or, in
other words, 10 prescribe rules for the regulation Of the So
ciety; while The execution Of the laws and employment Of
the common strength. either for this purpose or for the com.
mon defence. seem 70 comprise all the functions of the Ex.
scsnve magistrate. The power Of making tresiios is plsin.
ly neither the one nor the other. IL relates neither 10 the
execution Of tho subsisting laws, nor TO the cnae;ion Of new
onos, and still less To an cxettion Of the common strength.
Its objects arc Constructs with foreign Powers, which have
to totco ot law, out cer.vc II from the obligations of good
faith. They are not rules prescribed by the sovereign to the
subject, bat agreements between sovereign and sovereign.
The power In question. therefore. seems to form u distinct
department, and to belong properly neither to the Legislative
nor to the Executive"
Now, with the lights derived from this authoritative de.
hniuon Of treaties aud the treaty INA power, Mr.. X.
turned u the JOINT resolution which had been received from
the House OF Representatives, and he would inquire wheth.
er II was not, 20 all intents and purposes, in every practical
sense, . treaty, and nothing but a treaty1 1t was no, a
ehsnce OF name or n variation in form which affected the
NIu OIL hlnyN Da nnt IL 70 AnlA.
whether this joint resolution was not in substance a ICON.
tract with a foreign Power" Was 1t not n treaty /, the
language OF the federolist. just US much as Mr.. ryict,s
treaty, which had been submitted ut the last session. What
was a contract His learned friend from Pcnnsylyania
(Mr. Buchanan) needed not TO be reminded TIM, n coptr,c,
was o agreement to do or not to do u particular thing on
n suficient consideration" Was not this an agreement.
on certain terms and conditions, TO admit a foreign nation
into this associated Federal Republicf The question an
swercd itself. What had the honorable Senator done yes.
teruayf Had be not gone over the terms OF this agreement.
declaring that some OF them he ked and others he did moi
like7 In this resolution Congress wss asked 10 saw Ia
Texas, "f you will unhorse your President; dissolve your
Government; go back TO n state OF nature: cede all yyur
public establishments, mines, minerals, ana everything but
your public lands; retain your public domain continue
responsible Tor yoor debts agree to the understanding thai,
new States may be carved out OF your territory, on the
condition that in oil OF them north OF n certain line slavery
shsl be prohibited forever, and in those south of il il shall
or shall not be prohibited, Us the people may choose-if YOU
will do all these things, then it is a bargain, and we will
admit you into our Soniederacy on equal terms with our.
selves" Now, If this was not an agrecment-if ii was no,
= contsct, and that with an extraordinary disnlay of Terms
TOO, then Mr.. X. did not know what an agreement or , CON.
tract was. That II was an agreement al! the world must
see. No man could wink so hard rs no, to see il. Tn.
only question: then, which remained was. whether il Was
not an agreement with a foreign independent Power
What, then, was Texas7 Need Mr.. X, a, this time Of
day. prove the ntle Of Texas to national Independence 7
should he be told that she was not II foreign, SOVEREIGN.
independent Power2 lie presumed not, Then, whether
we look nj the terms or at the parties, this was an rgree.
ment between sovereign and sovereign.
NOW then, where was such an agreement TO be consum.
mated according 10 the Constitution He asked the hon
orsble Senator from Pennsylvania wherel The Joint re-
solution announces its true character on lis face. R,, ins,
iosufHr. IL is styled a joint resolution 'sdeclannv the
termson which Congress will admit Texas into the Union
asa STATE" When we looked at the body of the resolution
did II bear the ordinary badge of lerisl.tion-"ke :, On
actedf' No: its language was "be IL consented" "A
iaugh) IL was the language Of the marriage ceremony
"whereas A. and b. have consented together in hoIv we'd
lock-" Increased ~laughter.l lie was sorry 10 he oh
heed TO make such an aliusion when addressing the homo.
raoie gentleman, who was not yet initiated IN these mysts.
me- more lassh'srl Yes, Its terms wsre "be it con-
senied;' "t Is hereby agreed" not ''hereby enacted -
hwas the very language Of treaties. Gentlemen could
no'Nink 80 hafd a NOT to see 1t was in substance 4 treaty,
begun and ended by legislation.
And, further, when we looked az the subiee,.mo,,cr nj
tne agreement, Mr. X. averrod not only that IL Yves IA treaty.
put mat The object could be consummated in no other way
than by treaty.
Mr.. X. laid down this proposition, md he invited tho
honorable Senator who, though not n "Philldelpbia law.
yer" was al all events a Pennsylvania lawyerI to find ,
nav in IL If he eohid he asserted that foreign rerl:ory
"o' PoaCeaoiy u acquired upon terms ard cuuli-
nons, as IN this casel in any other mode than BIZ treaty =
because such territory, being under an independeE, soy.r-
eign rover, could not be pcaceabiy acquired without tho
consent OF that sovereign and, when that consent was
giren' IN Whatever form, 1t constituted 4 treaty, and nol,inp
sise. ~
He had heard, by way Of embarrassing and m~vs,ifvin,
me s,plec', 4 great deal said as TO the various modes IN
winch territory could be acquired. They were told that il
might be acquired by conquest and by discovery. So il
eou:u o' neither OF these modes affected Mr.. RS pro.
posiuon IN The least. lie sand IT could not be peaceable &C
CURED {. this. in terma errlud.d n,u..s.-
sho by Implication II excluded discovery, because il refer.
REQ o q case OF u peopIed and settled county, under IN,
lurisoicuoh OF a sovereign organized Power. lie again
invited ms honorable and learned friend 10 answer /, If h,
could. Let him point out u mode by which foreign Fri
Tory could be %peSceably acquired. in the proper political
sense o. The nights OF jurisdiction attaching 10 IL, oihc.sise
than by treaty.
Hence it was that, after the discussions nj , ou,,,or =.
neen'ury' ltnadcoine to be the settled law of the laud thai
me treaty power could not acquire foreign territory, and
hath exclusively was competent to that function.
MIX. went on 10 say that this question had come IN fol
decision before the Highest judicial tribunal Of the csu,,r,
inthe case OF the American Insurance Company 20. Cautei
referred to by the hJ-'-1ble Senator from Kentucky. fyr
MofebeadD when d.I -ugust court had pronounced ,h,
opinion that the Constitution having established ,Le ,rs.,y
making power without qualification or restriction. il lad IN,
same extent III our Cosenmen; which It had in other Go
yernmenis, and ~!c2ihmaieiy extended 10 the acquisition n
iofelgn territory. lie was no lawyer, and felt as If he wa,
going out OF his sphere IN quoting cases 10 la. l,,,,e,
friend. lie understood, however, tssL the honorable So,
a'or recognised The correctness Of thatdocision in is fuues
FNsNN ~ IitrIOu w the Gg an
power might acquire foreign territory but he made a d.
nnehon-that when a foteign Power a!ieDn,ed only a Dor.
hon Of is territory, and thereby dismembofed itssm, a tfea,
was necessary but the case was different when .ucl,
Government ahcnuted the whole Of its terit,ry. s.cl
was Tue distinction oi the gentleman. Bot II there wa,
anything IN u, the gentleman was estoppcd from using sucl
hsfgument'b because the treaty submitted u the la.i s,s-
slon od propose 10 ALLEVIATE the whole Texan territDr, An,
me gentleman voted for IL. BY his own act. the5oly,e bs
hn recognised The doctrine that the treaty power was tbs
proper instrument OF acquisition, even when the who'd.
'eWtofy u a foreign Government was By It's own net "a L,
snehsted. doubtless the gentleman had the esrcs Of Lon,
Isisna and Florida IN be mind. But. even admiu,nr m,
distinction iaken' that did hot affect the domestic question
~iih u.s. II affected only the other party. The question
Iaisea was not whether this Government could ncggi,o H.,
iefltofy VI smother Government by treaty. bat vLe,b.
of hot u YVES competent Tor a foreign Government 4, slien
ne inc whole Of its territory without the express consent a
zoe people BJi there was a most 0bvious n Z, ,v,,
maj dih'culiy. This joint resolution provided ia, 49,.
me sense OF the people u Texas on the question If, ,bl'
own primary assemblies. Aud could no. 3 treaty prov,J.
the same thing ' P'0'''
Hna mere he would remind the honorable Senator IN,
ny. "uoison' 10 the instructions given by him At the finn
" ue acquisition Of L0uisians, suggested ths, yery ttr
-'hatsome mode should be provided OF obtaining ,,e co1
-Ho me inhabitants 10 the Get Of cesIan. ybie .s
according to The general principles Of the las Of roo...
NANNNN UHN"IH ala H. H.