The New York herald., 1845-02-20


ni'tee, On The subject Of the
ANIMATION or TfxAs.
Mr. CHoArE, IN fulhlment Of his priority, (and O
he expectation of an unparalleled accumulation o
ladies' IN the antc-chaniber In the galleries, ever
arcdins by general assent and desire. within the
sanctornm OF the reporters for the public
press.) took The floor
hr SAID that notwithstanding the vehement and
rom New Hampshire, (Mr Woodbury. against the
Losliions OF unconstitutonallty assumed by The
Committee OF Foreign Relations, TO the mode Of
proceeding contemplated lnthe annexation OF Tex
as, ne (Nr had the honor TO concur IN the gen.
eral conclusions and result OF the report of that
committee. He believed, indeed, that Congress
mad no power whatsoever, under the Constitution,
to pass the resolution from the House-per Sc, per
safum with or without other concurrent proceed
ings Of the government. We could not do it, if we
should gain in the act thousand years OF liberty
and all the blessings of liberty and of peace II
Texas were a paradise, its annexation would be
incompatible with our form of government incon-
sstent with the Constitution. II it would secure
all the good things which it's advocates have pro.
missed us-the enlargement OF the advantages OF
free trade-a stiff monopoly of Pennsylvania iron.
and to the shoes of Massachusetts, a monopoly In
the cotton trade OF the world-if its streams flowed
over golden sands and its trees produced their fruits
of vegetable goldto all these temptations of expe
diency he had but one reply" Can do this thing,
and SIN against the Constitution - To discuss the
expedlency of annexation, was TO assume the pow
er. He could not overcome his preferences for the
Constitution, conflicting with an assumption of ter.
ritOry which might authorize the acquisition of the
Isle Of Madeira, the Java Isles, or the Cane Of
Good Hope. To the plea of the Senator of Pena-
dependent nation. Mr. G. conceived that from an
independent neighbor we had no fear OF harm--no
more than had Vermont from Canada, or Spain
from France, or England from the adjacent king
dom OF France. We had area enough, through
Gods mercy, to ensure for our country march
IN glory and in civilization which the world has
never yet seen-such a good as will contribute to
the perpelua,ion OF liberty, and order, and harmo-
Referring to the opponents Of annexation, Mr..
G. said he knew, he did not conjecture, but he
knew 1t was offered. not by mere handful of fa-
natcs. but by millions; aye. millions of Unionists
hearts blood in defence OF the Constitution. On
the other he knew that the measure had been
taken up BY portion OF Its advocates in contem-
plation OF disunion. From these reflections the
eloquent Senator proceeded to state the major pro-.
position in this questionable point OF constitutional
power, in a quorum of bare majority of the
two Houses, to admit into this Union Tree and IN
dependent States, per satum, without probation,
wl'houtrlal, without examination. He had been
anxious tor several days past TO secure the floor
upon this question, from a reason somewhat per.
sonal TO himself Mr. c. then explained that a
speech OF h,s, delivered in Executive session.
when the Tyler treaty had been SO construed as to
represent him as acqnlescIng to the power Of Con-
gress to admit Texas, by concurrent majorilies OF
the two Houses. He explained that this miscon-
.lruction arose from clause IN his speech, which
denied the competency OF the treaty power, and
recommended search for that department Of the
government to which, under the Constitution. thu
admission OF toreiRn states might apply-the adv0.
Gates OF annexation having assumed that the power
belonged to some branch Of the government Now
he 0ud say that neither Congress-, nor the Presi.
dent, and the Senate, nor all together could no,
constltutionally incorporate into the Union TO.
reign government. What he had said was, not
that the power was conferred by the Constitution
to one branch, OF to any branch Of the government
but that II was reserved in the hands Of our mas
ters, the people. Upon this suggestion, the learned
Senator said he would go back into the past, and
enquire whether the federal government had the
oower to acquire foreign territory at all, or whe-
ther It was reserved in the hands of our mas
ers, the people; and speculated, at great length,
upon this transcendental question, citing an
clent examples and modern authorities with spon-
taneous promptiude and fitness Of application.
Loui isana and Florida had been assumed as pre-
cedent Of authority to the admission Of Texas
The cases were altogether dissmilar; Louisiana
and Florida were provinces acquired OF foreign go
yornments Texas, in itself, was an independent
nation, and ne would ask under the precedents OF
Louisiana and Florida, was Texas proper terri
nv for admission for the proposition now was to
unite two independent governments Mr.. e. read
rom an official letter Of the late Secretary of State
Texas, on ITS application during Mr.. Van Buren's
aomins,ra,lon, on the ground OF the distinction
between the acquisitions ot Florida and Louisiana
and oil Texas The two first being colonial posses
ter,al difference, as stated by Mr. Forsyth, and as
cOncured in by Mr. Choale. The loyalty of Canada
dining and subsequent to the Revolution, was
brought forward to sustain the position that the ac-
QUESTION neither OF Canada, nor Of any other for
eign territory adjacent to the United States, the
ealouses OF the trainers Of the constitution as to
The preponderance ot power in the West from lis
-xteat OF fterrltory--the boundaries defined by MI.
Madison, scarcely. extending to Wisconsin,
as authorities from the early fathers in favor
of the rigid construction Of the constitution,
against any foreign acquisitions. It was bui
ten months ago that this power OF ad-
milting foreign territory by act OF Congress, was
discovered. Not living soul, man, woman. OF
child, down TO ten menths ago, had ever dreamed
OF giving such Interpretation to the Constitution
Macon, Jefferson, Nicholas, and others quoted by
Mr. Buchanan, were turned against him. Mr.. G
said he would not assert that the first man who
publicly broached the subject Of annexation, helc
Texas stock In his pocket but he doubted not tina
annexation Was IN his heart. The honorable Sena
tor next reviewed the excuses which might aris.
from a loose construction Of the Constitution, il
ITS distinct, yet broad and general provisions I'm
der the power to admit new States, we assume Tho
right to admit new territory. As well might we un
der ne power to establish post roads, which il
equally broad and general with the other. LAY
out and establish post roads IN California, Pata
gonia Tor the power is granted to Congress- with
out restriction; yet the merest child woult
know that IT was intended to- apply to ter
ritory only within the limits of the Unon-
Mr.. g. returned to the incompatibity of a Juno
ture of the two independent nations proposed
even with the charter Of a republican goyernmen N
rendered US on the part of Texas Such an unio,
would be lnadvisable, and unhappy in its results
unless the heart of the applicant were republican
sed. France, in the days of herrevoluton, coult
have presented us a republican creed, which woul,
have made US think ours monarchical, but in tel
years she fell back into tyranny, dazzled by IN,
spendcr OF despotlsm Let US first acquire terrific
ry, IT we can, consistent with the Constitution
send IN our emlgrants and Americanse the land
and when her people can read without stammer
ing or error, then make them into States, and sc
them among the stars of our sky.
Mr.. CHoATE concluded by an exhortation of ide
lity to the constitution; keep the constitution, az,
II will keep you Break it, and there is no onge
security, no longer anything but the unrestrane,
and unchanged spirit Of the age.
Mr.. HENDERSON (whig, supposed to favor th
House resoluton) succeeded to the floor, when
on motion,
The Senate adjourned.