Mobile register and journal., 1845-12-04
Letter Of ARTHUR P. DAGBY, senator in
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ted illness oi several nt my children from returning to Albann, nud ming ling freely N uh my const1u- ends intended immediately aiier the adjournment of Congress, il my intention to have been pfcs al ic1neeiug Of the Legislature 'he first Mon day in December. Subsequent refec,Inn has salis- fol me that in view ot ihe many important questions come before Cungtess the neXi session, some of which WIl rCqune it's eaiy attention. II k most proper that l should be al my post in the Senate lt is therefore, proper, my judgment and trust you will concur with me, deny myself Ihe pleasure oi seeing ynu, personally, hHe iunger, and avail my. sell ul lhis mode of explaining 10 you my true posi- ton m reg"rd to great national measure, which, sO far as l am concerned, has bcen most prolific source of misrepresentation l allude to the joint resolutions for the annexation of Texas In the United States. Whether those who have been instrumental in originating and circulung these misIepresenia- lions, were sincere m ther ignorance, Or wlln in their mhligniy, ehall not undertake to determine; {; but content myself wilh submitting to lbOse whose high and unqueslioned prerogase Il IS 10 pass udg ment on my pubic acts, a plaln, unVarnlshed stale ment Of facts, circumstances and motives, and invn king eir impartial decision upon them. may mol be improper to prcmise that ihe of annexation presented question, only novel in he history of this country, hut without example in the history of civilized ions; the first case in which one inde pendent nation had proposed voluntarily 10 merge it's sovereignty and urile its destiny, with another inde pendent nation It was, therefore, case in which honest men night differ, and the best patriots enter tam reasonable doubts. The examples of ,he past furnished light direct the footsteps oi the actors m il.
 The first form in which the question ofannexation was presented, after became member of the Sem ate, was the treaty of IS44. Even at that period, understand, the secret voice of caunny and suspi circulating in whispers that the ratification of the treaty depended upon ny vote, and that was opposed to it. "Eror always harmless where truth is left free 10 combat it " 1 voted for he rat i6ca ion of the treaty, and was the secoid Senator Itn ,i I,rit Inc f.,IIstt show the verify of the charitable prediction, that lhe ratification of the treaty depended upon my vote, and that l opposed to it; for l voted iJr Ii, and il only received sixteen votes; every other Seualor, Democratic and Whig, voting against it, amounting in all, to thirty-five So far, then, from it's ratihca ton depending upon my vot, there majority of more than Two to one against II. IL Is not 10 be disguised, that, from the beginning, disposition has been manifested m certain quarters 10 give me a prominence, to raise me "to bad eminence" in re- iation tU this question: in order, if were destined 10 fall, make my fall the greater. Having voted for tue treaty, the voice Of complaint and of accusation was silent i0r And must be permitted to remark, that that would have been sufficient, be- fore all impartial judges, 10 testify my appreciation of the measure of annexation; for il was given in Ex- ecutive session, when The mantle of secrecy was | thrown around the proceedings of the Senate As II is my intention to make full development of facts and motives, far as am concemed, shall con- cea .nothing which relates 10 myself l lherelure slaie, distinctly and eXpllCllY lhat al tlie me. and even now, after all the light that has been shed upon the subject, honestly. sincerely, and conscienleusy doubted whether the power 10 acquire Texas, either by treaty or by act of ordinary leg station, tu be found tn any oI the express grants of pnNer i'll he | Constitution; and am somewhat al loss 10 con- ceiye, why it should be thought nciedible for 10 doubt, when the gigantic mind of Nr. jenerson was unable 10 find authority i,r the exercise of such a power, in Ihe express terms of that instrument.
 After the rejection nf the treaty, various propesi- tions were introduced. in both Houses of Congress. to annex Texas by b joint restitution. None ol these obtained majority of eith,- House until near the close of the last session. wher Inc resolutions. of Mr. Milton Brown, Whg membr from Tennessee, passed the House of Representatives. and came to the Senate for concurrence. The same identical proposition had been brought forward m the Senate, by Nlr. Foster, from the Saie, about the same tune that these resolutions introduced in the liouae These resolutions had been frequently dis cussed in the Senate, and been the subject of much | conversation and anxious nqairy among Senators and il was as we'll known, as any fact depending upon human testimony, that they would not pass by live or SIX rOtes And assert, that those who took pains los create tiIe impression the public mind | tlmi l could have carried the House resolutions through the Senate ignorant of the state of facts as they existed al the time, wluly mistake IhenI. It IS due to ruth and candur state, that not only had strong doubts whether, after having voted for the treaty. was al liberty, with due regard To my own consistency or the beliests of ihe Constitution, 10 vote for the resolution at al l look upon written constitution as the best safeguard and protect ien1 liberty, and not as nose of wax, 10 be moulded into any form that public exigeucies may require. strict construction of the Constitution, and 10 abstn from the exercise of doubtful powers. have long been un- damenial articles in the republican creed. l not only entertained these doubts. but had strong and de- cded objectons 10 the resolutions themselves. And | if could be so far forgetlul of what is due to the honored representative Of your sovereignty, and to my own serespect, as 10 defend myself upon the narrow and technical grounds of cuprit. should ind abundant authority to justify hat oppost ion in the resolutions of-lhe general assembly of Alabama which l am charged with having violated. The res oulions from the House of Representatives recognise and establish the Missouri compromise in relation to slavery m the new State of Texas. The resolutions of the legislature of Alabama denounce that compro- mise Tn the strongest terms, as an aggression upon the spirit and principles of the Constitution, and al war with the rights and interests ol the Southern States and my own opinion has ever been, that this | ill-lated compromise has done more q do not pre- | tend 10 say II was so inended) 10 foster and keep alive the unhny spit of abolition 'han all the other acts of the Government and of individuals combined. IL IS virtual admission that thee IS in our system a weak and indefensible point although thai point IS established by express constitutional provision, and that Constitution formed by the fathers of the Republic. with General Washington at their head Congress have no more constitutional power to prb- hb the use of slaves property, side of a
 
 nng lennIes or steam engines on Ihe other side of snch line.
 Anotfer ob ection of no inconsiderablc magnitude to the House olesoutions, and indeed, the greatest with me, WAS, that they did not provide for lle of Texas the Uailed States, of the acqui- stion of Texas 10 the United States. beorc se was admitted into the Union. Upon this point, also, whether right or wrong in my views. have an es- pecial desire not 10 be misunderstood. am not la- boring 10 establish the correctness of my views, or | the reasonabcness of the duubts l entertained upon this subject, but influenced solely by desire to render 10 my constituents faithful account of the manner in which performed great and honorable trust, and to put Ihem in possession of all the facts, all the circumstances, and all the motives by which was governed in he fufment of that high and re- sponsible duty. am not yet satisfied that Congress
 have the power to adA,t foreign States into he Un- lon under the grant oi power to admit new States. incline ongly to different Opinlon It was, there fore, m my judgement necessary, fl annexation was 10 he effected by legislation to provide for the ces- sion for the previous acquisition well for the admission of the new State, and that the cesson or acquisition should precede the admission. In the article of cesSion, whether accomplished by treaty or by legislative compact, the rights and privileges of the people of Texas, their Indian relations and the ce ision of their lands to the United States, might have been stipulated and provided for, if not in exact pursuance oany express constitutional au- thority, at least in conformity 10 te practice ol the | Go,ernmen as was done in the case of the Louis iana and Florida treaties, and the compact with Georgia in 1902.
 Before proceeding further, it is proper to correct an entire misapprehenson of my views upon another point. l never said that annexation could only be consiiutionally accomplished by the exercise of the treatynaking power, although certainly preferred that 10 all other modes, and clearly indicated that preference by recording my vote in favor oft. Those ,yb, will take the trouble 10 examine the amendment