Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1845-03-25


th's eonuyaroe fcsoT,sd beesuss
appropriate. but because required bare msor. instead
OF t~othds, IT, invoke the authority Of another
distinguished American statesman, eminent for hi.
tsnment 10 general seieneo-famsr with the principles
% public Unexpectedly eonvet.sni with the Constitution
law OF Uh' Uni"n-oae who's now ENJOY the digni-
he'd retrsnen to which lie devoted service of his
county, 50 sainenuy entities him. | speak OF ALBEIT
CALLAriS
In letter recently written Inv him after rr.rrin, 10 IN,
manner IN which Louisiana acquired and subsequent
| ~ admitted into the Union. he .ays:
in the same manner Congress- BY analogous process
may resolve hHt Texas, whenever acquired, IN conformity
with the Constitution, shall DC admitted the union
state, or States But territory be- acquired onl, by
ueay OF conquest Asthis last mode Is this
the question: IL unnecessary To din euss in what cases
conquest or occupation, may without the cton OF
ueS'y confer legitimate right On this OCCASION the
nai sssont OF AZ least two parties Texas and the United
States is absolutely necessary. Call il agreement, com
psc OF by any Other IL IL only BY treaty. that the
annexation OF TeSs. can be effected"
Ihers - one argument used by Senators the other
side, which Is imP'sns. but which wants As think.
foundation IN fact 10 upon.
They that the which they claim for Congress
san express power, while that which for the
President and Senate, only implied onc-ha In uIs.
ing treaty as the appropriate mode OF proceeding this
case We are therefore giving implied power,
ration which We refuse 10 which expressly granted
VIII tie Senator from New Hampshire, IMr woodtayl
who most stenuousy this argument, reflection
mtn on tbs proposition that the acquire territory
by treaty rs an implied power1 Docs he consider
OF congress imposing duty wool. iron, for the pur
Poses 81 revenue The OF implied powetl
precisely a. much So as tbs acquisition VI territory by
ueaty.
The Constitution gives to Congress the power "o lay
and collect taxes duties" &c. Thu. the power express
y given On what obees it shall be eAet;ed, with
tan sPecihe5 resiiction, 10 LETT the dcrcon OF Con-
g'ess They de,crmns that WOOL and iron, proper Oh
lee's-tai they have been usually subject sXaon and
they impose the duty. IL s the Of discretion
which expressly given by the gent OF the taxing power
Now, Is tn the acquisition OF territory by Speak
log OF the Presldcn the Constitution Gays: ale shall have
power, by snd with the advice consent Senate
10 make treaties provided wohirds the Senators pre-.
sent concur"
The power make cst-s is as expressly given in this
ease as that 10 lay and cosc, taxes, thr cherand
the question: OH what objects shall be eXsged. II like
manner left u Iii. discretion OF the President and Senate
except Ia 81 tar a. be restrained by other provisions
o the Cons''Suun In the exercise OF that discretion it
iound IL he important the CuteG States
10 make an acquisition III fore trrory-snd that
ding TO universal T'sge. such acquisitions made by
treaty, aud treaty IL negotiated accordingly. Tai
them is The exercise Of isceiion. expressly gwen w the
grant Of the power the President aud Senate make
irsanes by acquiring territory, s as in the former
the Imposition OF The duty wool, aud ton the
ecse OF the discretion gwen 10 Congress- by the grant
the powe To Sv and collect In both cases the giant
power /. snd like discretion in the selection OF
the OBJECT to whe shall be applied exercised in each
case Si:, the pOwerto acquire foreign territory ony
expressly given BY the Of the treaty making power
but 4 i which inevitably incident soverrgay
that must have exisied, it had been expressly
hioedand being thus expressly gwen, the question
ours with accumulated force after being granted the
President ard Senate Is II probable tina, a trainers VI the
Cvn,ttoion, would repeat that Grant TO Cvngressl
MI President m the earnest quest Tor part ot tho
constitution! which would countcDance
ordinary power no~ for the first time in the history Of
Government claimed Tor Congress- recourse has been had
To the 81 clause, 10th section, ls article that
neni which declares that State shall, without the
sent OF Congress, lay duty tonnage &C., enter
INTO any agreement or compact with any foreign Pow
| en-" &c.
From clause vi the Constitution the whole object Of
which, was Ia impose prohibitions upon the States, it
tempted 10 inter the existence Of this Tremendous power ia
Congress Will those who have been nisled by this pro-
vision look to tho first claSse Of the section and ind
there an express Inhibition any State without
ihe consent OF Congress, TO center any treaty i
"lll they contrast the term treaty" in the first clause
with the terms "eEy agreement compact the
cond, and learn from this, what those minor
rangemens which States, by the consent of Congress
might enter into with foreign States New York and
Canada are coternIinous suppose the former, Con-
gross conseni'ng, might into an "sgreement
or compact With the local authorities of the latter for
INC mutual delivery OF usivcs from Jusce-5u, should
hardly think iwoud be contcndcd. IN the face OF posi-
tive inhibition To- any State, with without the OF
I0ngTtS= To center Into treaty. that she could with
Great Britain tor the OF Canada q her already
imperial domain. leave this argument.
The Senator from Mississippi meets the suggestion |
MADE by Senators who have preceded nIe the dangers
which might Flow from the uf the power claimed
for Congress under This resolution, by saving the
dangers m'ght also result from the Of the treaty.
making power This Is true 10 limited and only 10
limited extent. The President and Senate might abuse
the power of acquiring foreign territory. then
thirds oi tho states must concur In the actand after
SO acquired Congress would rgh Of deter
mining. whether the territory ucGuirod should be ad
United into tho unon c State. The danger in the two
eases, IL therefore BY eqnal-tirst. because Of
tho greater check imposed by requiring the assent OF
thirds OF the States for the acquisition Ut the territory
into the Union.
Bot another answcr that the danger arisng from the
acquisition o. ioreisa territory, be encountered in
some IOfn The power 10 make treaties, havo been
lodged some where The Government OF United States
could not have taken it, place in The family OF Il
would have been deprived OF power inevitably incident
I" sovereignty, and necessary its exercise-whout
which, could not fulfil its duty people Ia the last re-
sort Of nations, that OF
Concur'ing with the Senator from Mississippi In the
dangerous OF that power think he should agree with
mo ~ the PoPeiy OF subjeeting The which
the Constitution imposes. by requiring the OF
thirds Of the S'Si.s TO s exefess-and by leaving it
comparatively at large under tho discretion Of bare ma
i1riy in Congress.
The Senator from South Carolina tNr McDufie, thinks
the constitutional requion OF q msjority Of iwohirds
IL unimporisnthat there - very essential difference
between 'hs and bare majority Of quorum Of the two
Hoses Nh President; the trainers Of the constitution. did moi,
think They attached great importance this provision
40 the debates in the Convention will abundany prove
and they Were night. noments reflection will convince
US. IL Is provision Of and stringent force in m IN
erator upon the powers which il is applied In It's an
p!ieaton TO the Executive Veto 1t enables tho President
and one more than third Of either branch o Congress
To RESTRAIN the vote OF majority that House. and the
unanimous vote Of the o;her. absolute in its prac
teal operation, ssf unlimited IN it, terms Since
The foundation Of ilc Government has occurred
IN which The requisite constitutional mai ority could be
found 20 override the Executive willard divided as e
are into parties which experience teaches U.s. will ALWAYS
be nearly balanced, except relation to matters which are
comparatively unimPorant, such will probably oc.
. cur hereafter.
AS applied 10 the treaty making power the advocates OF
this resolution have felt its rejection OF the
negotiated with Texas. II that power could have been cali
cd into exercise for the accomplishment Of this object we
should have been spared the humiliation Of witnessing the
usurpaion which this resolution proposes Texas would
have come into this Union by treaty, the legitimate e1
erce OF our constitutional powers, and not 10y Joint re-,
Il luton Of Congress, in the abuse Of them.
In IL application ndment- Of the Constitution IN
connection with the other checks which imposed upor
the exercise Of That power. tine reputation Of a twohird,
vote, s absolute ~ is influence long we con
nuc 10 respect the provisions of Instrument il will b,
hs Interchangeable those ancient laws with feature Of
which, our earlier reading has made familiar The
powers Of impeachment aud Of expulsion have remained
II nnciive under tue restraint which the requirement o yoi.
Oi two thirds has imposed upon them YET cases have
probably "'cnrcd 10 which would have been eIerted
Il II bare majority had been sufficient 10 enforce them
But object al-p i the arhmeica proc - by which
II the senator from South Carolina been conducted To- the