The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-02-13
proper.p Legislation. within these limits, uu.

provision, oOe-halI oil all your scuoo mere "ouu VIC
nugatory and the operations OF your government be
suspended multitude of cases, II is true, may be
supposed ia which Congress would lave no power
10 legislate notw outstanding plausible appearances
of necessity. Every case depends on It's own nature
and its circumstances. 10 tho acquisition oil
Texas territory, enact that, on certain terms,
she shall become a portion Of ours She consents.
She cedes her domain. We accept H. She makes
tho transfer, and we take il on terms previously de
signated. Cannot the United States receive grant
OF terrtory' Cannot Congress settle the mode we
received a muDifcent legacy, the Smithsonian be-
quest, without objection, aud now delbera,ing
how il shall be disposed Of
But, SIR, the whole power Of Congress to act IS
denied, on the ground that Texas, being state To-
reign 10 us, cannot be received IN any fJrm Du'
through q compact; that Congress cannot make
compact with foreign power; that this can only De
done by the President and Senate as the treaty-ma
king power. Those who reason thus profess 70 DC
strict constructioDsts 10 stand on democratic plat
form. They do not, indeed enlarge the powers oil
Congress by rucoD, but they do dnnhlate those
powers by construction and what Is more, they thus
seek 10 build up and strengthen the afistocratic and
almost irresponsible branch OF the government al the
expense of the popular and responsible branch
They confer, by implication, on the President ana
Senate alone power SO potential that II IS made 10
PROSTATE an express power given 10 Congress The
President and Senate make treaties Congress admits
new States. This Is the constitution. The Presi
dent and Senate, under their power 10 make treaties
assume the power Ia purchase territory. The new
school Of strict consructonts then deny the power
of Congress to admit a new State beyond our own
limits unless the President and Senate first purchase
the territory. An expressly granted power OF Con-
gress thus becomes paralyzed, unless an assumed
power OF the President and Senate may give II lie
and acuon. Nothing is said, in terms, in the const
tution concerning the acquisition of territory. But
the right Of Congress to admit new States Is perfect
absolute, unrestricted. This position is impregnable
IL carries with il, we contend, also, the right OF
Congress 10 receive territory for The purpose Of adj
mission a State, quite clearly the right of the
President and Senate TO make treaties gives them the
power to purchase territory II is said this consruc
ton makes the Incidental superior TO the specified
power. deny Il. II is still subordinate. But IL IL
does, Is that so In one case more than in the other
The acquisition Of territory, IN this view Of the sub
ject is an incident at all events. The only differ
ence is, that one argument makes il an incident TO
the power of Congress, including the President, Sc
nate, and House Of Representatives; the other
makes II an incident TO the power Of the PRECEDENT
| and Senate alone. But again am | reminded that
! the power of the President and Senate 10 make a
treaty pfecludes the power Of Congress TO make
compact, because treaty Is compact. But Is
every compact treaty A treaty implies negotia-
ton. Ii presupposes and is based upon IT. II is
negotiation. 10 treat is to negotiate IL was given
to The President and Senate the most convene ut
medium OF settling differences with other nations
IL cannot admit State OF what use, then, is the
intervention of this power for that purpose when
negotiation has been had or has failed unneces
sary There is nothing negotiation in the arrange
ments intended between us and Texas. We, by act
OF legislation, propose TO admit her "a State to
receive her as territory, whichever proposition be-
fore US shall be adopted In either case she accepts
comes into the Union a State under modified
constitution, cedes her territory and jurisdiction
to US. Shall the power to the President and Senate
10 make treaty, absorb into that body and take from
Congress all arrangements with foreign nations which
psrtske OF the nature of agreement Sir it is an
assumption exploded by the whole history Of e-
gislstIon from the foundation Of the Union. The acts
oil non-lnercourse are examples Of legislative con-
pact sanctioned by time and authority. The system
began in 1893 1t was revived in 1909 and continued
in 1870 and not repealed till the peace of 1915. One
OF those acts of Congress prohibited the public
sells OF Great Britain and France from entering the
waters Of the United States bur, at the same time, |
proposed that if either power should, within a speci.
he'd period, repeal modify her edI,cs injurious to
us, as therein mentioned and the other power should
refuse so to do, for specified period thereafter then
certain expired laws of Congress excluding the citi-
zens OF those nations from trading here, should be
vived against the nation refusing but that the in.
terdictUn contained in the law against the nation so
! reyoking or modifying, should case. Here was a
proposition in the nature Of compact. Its eptance
bound us in good faith to fulfil IT. That obligation
could alone make its tender of mpo lance France did
IN fact, revoke, and received the benefits of the law
while ct Britain refused, complained negotiated and
went to war Here is an example as Objectionable, on
lhe principle OF legislative compact any arrange
ments proposed with Texas But sir another egisla-
tive compact preceded by negotiation too and of
cent date forms conspicuous the history Of our
| commercial intercourse with Great Britain. Who |
has forgotten the loss Of the British West India colo.
NAL trade during the administration of Mr.. Adams,
by our omission to comply in season, with the terms
of intercourse prescribed by an act of Parliament?
1t was recovered during the administration of Gen.
era Jackson, through an arrangement made with the
British government by mutual legislation. The law
Of Congress provided that if Great Britain would
open her ports to vessels of the United States in her
colonies, on certain terms, to duties of tonnage
and imports and as to the right of expectation and
Importation the ports of the United States should be
open TO the British vessels from the colonies on terms
reciprocal When evidence of the compliance of
that government should be presented to the President
he was required 10 make proclamation OF the fact
The operation OF the law then commenced. Upon |
the faith of this law aud in pursuance of its provis-
lons Great Britain, by order in council did open
her ports, and the arrangement was thus censumma
ted, and now forms the basis of commercial inter-
course between the two countries. Here is pracu. |
caly compact formed and executed by legislation
not by treaty True, it did not cede territory. But
where is the difference in principle, so far as the
right or capscity of making a compact is concern.
ed, between This arrangement and that we propose
with Texasi
But SIR, the power of acquiring territory would
exist without any provisions of the constitution All,
thorizng the admission of new States | know Il |
is said Mr. Jefferson doubted the power Of the &C.
QUESTION OF Louisiana, and suggested an amendment
OF the constitution Why is this fact perpetualy al
| lnded to by gentlemen in opposon' Sir, one would
suppose that such Difference to his views might in
duce them to follow his mpe-to correct an error
by change of opinion. The power is Inherent in |
sovereignty Ii is necessarily incident 10 it, Sun
pose you conquer nation in war: can you not ex
tend your jurlsd ction her territory And can
you not equally extend your jurisdiction without war
there De no impeachment 10 your progress especial
ly with the consent, not to say invitation of those
who occupy and own the territory Was there ever
assembled before such modest self.sacrifcing un-
ambitious body of legislators the opponents Of an
nexation IN this half Had they, instead Of our an
cestors been the frat land upon these sb.re sur.