The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-01-10
THE TEXAS CUES TON.
SPEECH OF MR.. BAYLY,
or VIRGINIA
Ia the House Of Representatives,
MONDAY, Jan. 8, Io45.

VIII depend upon the decision Of Congress as TO is
power TO accomplish 1t by bill joint resolution
for II Texas is not annexed in this manner II will not
DC IN any other. No hopes for majority
OF ,wo-thirds Of the Senate in its favor The great
question, therefore, is can foreign territory be ac-
quired by bill joint resolution Of the two Houses
OF Congress- and proceed at once (sad MIR. b. to
the discussion OF II.
Under our political system there are two leading
classes OF powers conferred upon the general gov
ernment-the one relating to our foreign, the other
to our domestic relations. In all questions growing
out OF the former, the interests of the different
ions OF the country are nseparsbe. In our do.
nestle affairs they variant as the soils, eli
mate, productions, and pursuits Of the people Of the
several States In all that relates TO the former the
statesmen Of every part Of the country equally
we'll informed The latter are only understood by
the people they Immediately concern. In reference
to the FIRST the national legislature can legisste
wisely. To the last 1t cannot, without certain mis-
chieL Hence, In our wise system, there plenary
delegation Of power to the general government in
all that concerns our external affairs, and specific
delegation IN what relates to domestic. DIFF
ieren rule Of construction, therefore, ought 10 pre-
vail, as the power sought to be exercised belongs 10
the one class the olher-strct construction is the
rule In the latter case, and liberal construction in
the former This distinction crowns out Of the cha.
rsctsr oil the constitution itself was recognised by
Jefferson and Madison and the propriety of II will
y
IN mind, proceed to point out the clauses of the
constitution IN which the authority of Congress 10
pass the resolution before the committee may be
found. la my opinion II may be found IN two-in
the clause authorizing Congress TO declare war, and
IN the one permitting the admission Of new States
into the Union; and also in the general power, which
! shall show TO exist to make alliances and conede-
rations Let not be said tnat IN referring the pow
or to two clauses of the constitution, | make 1t va
grant, and dlsproye its exstsn in either for, In
the language of Chief Justice Marshall in the Of
Gibbons and Ogden, " the idea that the sane mea-
sures might according to circumstances, be arranged
with different classes Of powers, no novelty to
the trainers Of constitution. All experienc e
shows that the same measure or measures, scarcely
d,tinguishable from each other, may ho~ from dis
tinct powers"
1t has always been admitted, in the administration
OF the government, that the power to declare war
carries with II the power OF doing whatever tends d-
recty TO prevent it. In the language Of Chief JUS
tee fancy, in the Supreme Court, A." every thing that
concerns our foreign relations that may be used to
preserve peace wage war has been committed TO
the hands of Congress" do not say il carries with
IT the power to do'any thing which visionary might
fancy would tend TO prevent it, but il certainly does
every thing which Immediately and directly tends
that way II was in this manner the constitution
ahty Of the embargo and non-intercourse laws,
adopted in advance of the late war, was defended
And the power is derived from the adnonon " IN
time of peace TO prepare for war" Our southwest
ern frontier is exceedingly exposed as shall here
after show; and as far constitutional authority
goes, we might erect forthcatIons upon its whole
extent This no one will question. Such being the
case, cannot we, with the consent of the people to
whom the intervening territory belongs, extend our
boundary to the Rio Grande, which, in connection
with the mountainous desert which skirts it, forms
the first class of military Obstacles and which would
afford us better protection from invasion in that
quarter than a Gordon of Notifications from the
mouth of the Sabine TO our utmost northern limits"
The importance of Texas a means Of military
defence, and its consequent intimate connection with
the war power shall show hereafter.
From the days of the Roman eagle indeed long
before them, to this tme the leading object has been
to acquire or defend territory When the power
was conferred upon Congress- in general terms, to
declare war il carried with it all Of its usual incl
dents and II IS impossible to believe that the fra
mers of the constitution meant to withhold from the
government the power to accomp sh by il what had
been the great object for which most Of the wars
with which the world has been scouiged has been
waged. | infer, therefore, that we can unquesona-
bly, acquire territory by conquest IL this be true,
The whole question is settled for if may take the
territory OF the Texans from them by force surely
we may do it peaceably, with their consent IL we
can rob them OF it, surely We can take il gift -
II we should march an army tomorrow to Texas
for the purpose of capturing their country presume
there would be no occasion for fighting, provided the
Texans were willing that should accomplish our
purpose without boOdshed.
Mr.. Clay, in his celebrated letter from Ra eigh,
upon the subject of Texas, says:
Z" If any European nation entertain any ambitious
designs upon Texas, such that of coonizing her
or in any way subjugating her. should regard it as
the imperative duty OF the government of the United
States to oppose to such designs the most firm and de-
termined resistance, to the extent if necessary, OF
appealing to arms, TO prevent the accomplishment of
any such designs"
If we might go to war to prevent Texas from
falling into the hands Of foreign government, NAV
not still more efectually provide against by her
peaceabe acquisition
But the power of Congress to annex Texas BY ioin,
resolution may also be derived from the authority
given to Congress to admit States into the Union
The power is general, without any other limitation
than that no State shall be formed or created
within the jurisdiction Of any other State nor any
Stale be formed by the junction of two more States
parts of States without the consent of the episla
lures OF the States concerned well as Of Congress
The imposition OF this limitation, upon the most ia
miar rules of construction excludes the idea of the
intention to impose any other. know an attempt is
made to impose another by implication, and to confne
the power TO admit new States to such as might be
carved out of the territory within the limits of the
United States at the time of the adoption Of the con
stitution But such construction is contadicted BY
the plain import and obvious meaning of the const.
tuition ITSELF and also by the history of its passage
through the convention which framed it.
In the resolution offered by Mr. Edmund Ran.
doIph as basis for the constitution, and which
contained the first propositions Of that character
which were submitted to it, the power in question
described follows, viz that provision ought to
be made for the admission of States lawfully arising
within the limits OF the United States whether aris-
ing from voluntary junction of government or
otherwise, with the consent of a number of volc In
the legislature less than the whole. In Mr.. Charles
PInknsys draft it was proposed that ''the legislature
shall have power to admit new States into the Union
on the terms with the original States, provided
two thirds of the members present in both Houses
agree leaving out the clause respect the charac-
Ter Of the territory. Mr. Randolpb's PROPOSE ion,
containing the restriction con6nng the power to
States lawfully arising within the limits Of the United
States, at one time adopted in Committee of the
Whole, and, in that state referred with others TO the
committee of detail. In draft of a constitution, re-
ported by that committee the article upon thi. sub
ct contained the following propositions LIST. That