Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-02-15

Others. Mere purchase, we have seen, Mr.. JET
PERSON held TO be power denied us, except under
the law of Necessity. purchase might be made
a cesson received, as in the case of Florida OF
, Louisiana, where it would avert an impending and
certain war for the power must Justify what
is the only means of avertng a war ; and even the
clause of providing for the general welfare -
though abused by one party in lattudinous claim
under it. and reduced too much to nothing by the
over-strict Interpretation of the other-might well
justify power to do that which is truly necessary
to the common, the federal las opposed to the Sec
tionaD welfare. Such power, used as in the case
Jof Florida and Louisiana, is conservative, not un-
llmted-limted, not lattudinous. In those cases, il
tended directly to avert war and to cement the Union
and Constitution.
\. What, then, is the department of the Government
that can take this power, if to be exercised! Con-
gress may declare war and furnish the means for
carrying il on but there its powers end; it can
not declare who is 10 conduct it, or how it is to be
prosecuted. Occupation of territory in gives
no title; that, the arrangements and terms of peace
can alone confer. The surrender of the right to
the territory be procured only by the treaty
making power and the legitimate acquisition must,
| therefore, be derived from that power alone. The
same thing must be said of purchase or cession
These imply, necessarily, contract between the SOW
creign alternating and the sovereign receiving and
that contract conducted for them by their agents or
| commissioners in conference, is treaty. This.
then, is the only lawful avenue by which foreign
State or territory can be brought into this Union.
If, under the question Of voluntary cession, YOU in
clude the case of population, as well as terri
tory, then, since it has been already shown that
territory can in manner be brought into the Union
but through the agency Of the treaty power, it fol-
lows that its population must be included within
the same rule.
tits. then, only to be considered further whether
population and territory, combined into State-an
independent body politician be, as such, incor-
porated into this Union by act of. Congress %
| To make such an act legitimate, even externally,
Congress- if competent to it. should have evidences
of an authentic purpose, on the side of the other
party people, which here have not been afforded
1t has been but assumed that Texas desires this
union. We have not regularly asked, nor she in
any positive form given, her assent. We expose
ourselves therefore, to all those charges of eager
and reckless cnpidty which we have SO often and
loudly hurled against Others
i single line of the Constitution, 1New States
may be admitted by Congress- is rendered. in spite
of all authority, the basis of this act If to be thus
interpreted, it overthrows all limits to construction
all bounds to this Confederacy. Either effect is a
fundamental change of this Government: Congress
may annex any and all foreign States whatever.
At the adoption of the Constitution we possessed,
in wide and waste realms, all the scope which even
imagination had then taken for the extension of our
limits and accordingly, in the repeated discussions
OF this clause, not allusion occurs which init
mates that such an effect from it entered into any
mans conception.
/ The compact itself was well-consdered compro-
mise between conflicting interests and sections But
the admission of an unlimited power, by an ordinary
act OF legislation, utterly to change the entire face of
things, could never have been in the contemplation
of those who, with such jealous care, settled that
compromise, and provided such, checks upon its
change The small States that submitted only with
misgivings to the present plan, could surely never
have agreed to one under which, by unknown and
boundess accessions from abroad, their relative in
fuence in the Confederacy would be utterly swal-
lowed up.
By the Constitution foreign relations are entrust-
ed TO the Executive and two-thirds Of the Senate
while to Congress is given the power to admit new
States. Is it possible that the latter power should
include the former, But if it be foreign State
that is to be admitted then what but the departments
alone empowered to treat with foreign States can
settle and arrange the natter even receive or give
the expression of willingness to be united!
4 Is hat re IL :,
will, here and in Texas. But this is one OF those
things where, in Government, The people collec-
fUeiy is not let in. The terms of the Confederacy
entrust IT TO the decision of twothirds of the States
through the Senate and not to the voice Of majority
of the people, if that were ascertained
i Yet more we are one people only in certain re-
i spects; in others, are but body of independent
States, equal partners under common agreement.
Of such an arrangement it is nseparabe condition
that parties cannot be changed either by admission
or exclusion but by the separate assent of each
II is clear, then, that foreign State the very act
Of treating with which implies resort to the treaty.
making power, cannot be brought into the Union by
act of Congress.
The report next passes to the special objections
of great force which lie against the Joint Resolutions
But these, pressed for time and space, we canno,
follow.
General JONES, Of the Army, for some months
absent the Western frontier, has returned to his
! station in the War Office.