Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-18

IkeSdIulIlS dCHuiSih'O'
tial 10 our domestic peace and permanent secu
ri,y in the South as strengthening our nationai
deiences. extending our commerce, increasing tue
ma rket for our manufactures and charging inc
boundaries NJ civilization, | have arden'ly de-
sired lie ACKNOWLEDGEMENT. l have viewed il prac-
r;callv and have anxiously inquired how is this
desirable object 10 be etecled2 Totalk oido'nS II
bv treaty seems 10 me idle. The right 10 surren,
der the Sovereignty OF a nation is not embraced
within any iust definition OF The trea'y,lndhlhs
mower Could the President anu twothirus VI
The Senate ALLEVIATE By treaty our whole country,
people, Government, and all, 10 rance or oiea'
Britain? The Government Oh texas, oeilis one
oflimited powers, has conessedy no lloie iisIt :"
make treaty for the surrender Oh tIG PeoPts anu
veregnty of that country 10 Inc on'ea e.
hv manv Senators during the last session in oppo-
sition to the treaty. And should treaty between
the existing governments again be attempted, inc
same argument vii. be again urged WIN equal
success. Nor can il be supposed, tbal me people
of Texas will consent 10 form a new Cohsllu
tuition. comforting on their government lnis extra
ordinary power under the vain hope, mat Two
thirds of,be Senate Of the United States may con-
sen, TO ra,i(y such treaty Il is obvious, there
fore ti,at unless some other mode OF accomplish
ing this object than b. treaty, can be devised, 'he
peaoeable acquisition OF Texas must be ABANDON
ed as hopeless.
In the late Presidential canvass in Virginia,
the arguments in opposition to this measure were
manly directed against immediate anneAa'ioi'
ON the terms of Mr. Tyer's treaty. Nearly all
protesse6 10 be in FAVOR Of Inc measure a. tne pro-
ner time. and upon the proper terms But the as
SUMPTION OF the debt Of Texas, the failure TO set
tie the limits Of slavery, and supposed violation
of the public faith, were deemed by many lnsu-
perable objections to the treaty. These obec-
lions cannot now be urged with any propriety
BY the Joint resolutions OF The House OF Re
representatives., Texas retains her lands and pays
her debts; the line OF the Missouri Compro-
mise is established; and all the Territory South
of latitude 36 degrees 80 minutes, comprising
nearly the whole habitable portions of the coun-
try. will be, in the course OF time, divided into
fiye slayeholding States Could the people OF
Virginia desire more favorable Terms? The pro-
position, as adopted, is in truth a Southern Wing
measure, framed TO suit the views of the South
crn Wings who voted for il and rendered by
them as their sine qua non. And il seems to me,
that unless there be some insuperabe objection
arising out OF supposed violation OF The nation
al honor, or OF the Constitution Of the country,
IN Southern men, 10 reject it, These arc ques-
tons, however, which every gentleman must de-
eide for himself For my part, can see in The
proceeding no violation OF public faith, or OF the
Constitution.
Texas has achieved her independence By arms;
her sovereignty has been recognised BY the prin-
cipal powers of the earth. For nine years mo
hostile foot has rested upon her soil" Shall the
paper bulletins Of Mexico, and her imbecie
threats of invasion, keep Texas forever in SUBJ
lection? Ii is mere question of time. II
nine years are not sufficient, are ninety and nine
History records that more than forty years elapsed
before the obstinate Spaniard would recognise the
independence Of Holland, although Holland
during The time, had far oulstripped Spain in
commerce, in the arts, and in all that constitutes
the greatness and stability of a nation. The de-
scendanls OF this obstinate race would pursue the
same course towards Texas. Ought they 10 be
indulged2 Where is now the Government Of
Mexico? As has been well observed, ii is as
difficult TO find as an Arabs tent Santa Anna
is flying before his enemies, if not actually pri
soner, or in exile. The miscalied Republic o.
Mexico is torn by civil discussions; and, so faI
from having the power 10 reduce Texas to subjec-
tion has not the means ofpreserving her own in
dependence. The circumstances of the case have
been materially changed within the last 81,
months; for, within that time, the power of Mex
CO has not only been greatly impaired by civil
broilS, but her Congress has soemnly refused
10 appropriate money TO carry on the wal
against Texas; thus declaring 10 the world hel
inability or her unwillingness 10 subjugaie hel
rcvoed province. And, upon the principles Of
International law, We have a right TO consider
the conquest Of Texas as in fact abandoned, and
10 treat that Republic as in all respects on the
same footing with the other nations Of the earth
The question Unconstitutional power necessari
lypresents itself in every important act Of legisa.
ton that is for the first time submitted 10 the consi
deration Of Congress. Il is question that must be
considered by every Representative maturely. and
decided on his own responsibility. | have consider
ed this subject most seriously, and have satisfied
myself, at least, that the joint resolutions .ad.
hitting Texas into The Union are within the
United States. | will proceed to submit some
OF The reasons on which my opinion is founded
For others, | refer you 10 the speech of my
excellent friend Mr.. Stephens Of Georgia, whose
high moral and intellectual character give grea
weight 10 any argument submitted by him.
Much confusion of ideas prevails on This sub
ject ewing in part 10 the fact that there has
been already an abortive attempt 10 acquire the
territory by negotiation, but more perhaps from
the use Of the words annexation" and cream.
nexalion," in connection with il, without proper
regard TO their import. The resolutions coniem-
plate the acquisition Of no territory, the making
of no treaty, neither annexation" nor "re-annexa-
lion" but simply the admission Of "new Stale
into the Union" Texas asks 10 be admi.led
Congress says, "comc in;' and in giving this
consen; we acquire no territory, right, or juris
diction, that does not necessarily flow from The
act of admission OF State into The Union
And she acquires all the rights, and incurs al
obligations, inc;den; TO her new relation as a
member OF the Conlederacy, and no more.
We have no right to irespass on the prerogatves
of coordinate department Of The Government
Congress cannot make a treaty. |. certainly
could moi have acquired Louisiana, according Il
the stipulations OF the treaty of 1903, by which
not only general jurisdiction over the territory
but full and complete sovereignty, and perfec
title TO all the public domain, were coded TO The
United States. This assu,edly could only be done
BY treaty but il by no means follows that if Lou
isiana had reroted, asserted her independence
and been recognised as sovereign power, sht
might not have formed State Constitution, ant
upon application 10 Congress been admitted as {
State into the Confederacy.
There is class OF politicians that denies tC
the Federal Government the power to acquire 10
reign territory even BY treaty, and insists that the
Union cannot be constituionally extended be
yond its acknowledged limits at the time olihe for
nation Of the conledcracy. This opinion has
jus, been promulgated BY Convention Assem-.
bed in the State Of Massachusetts, for the purpose
of opposing the acquisition of Texas in any
mode. And, inconsistent as it is with the prece-
dents in the case Of Louisiana and Florida
and the solemn judgment Of the Supreme Court
in The case OF the American Insurance Company
vs. Carter q Peters, $40, strange 10 say it finds
advocates among the distinguished statesmen and
uris,s Of that ancient Commonwealth.
1t was maintained, indeed, in the debate on the
Louisiana Treaty, tina, although the Government
possessed power 10 acquire territory in that mode,
YET that Louisiana could never be admitted into
The Union, but must ever remain a mere colonial
dependence. This idea, however, did not pre-
vail, and Louisiana, Missouri, and Arkansas,
have at various periods been carved out OF the
Territory Of Louisiana, and admitted into the
Union, with The general consent of the nation
The doctrine has thus been repeatedly sanctioned,
that new States may be admitted out Of territory
that was foreign at The time OF The adoption Of
the Constitution, and may now be regarded as
elementary. for il is taught BY our Professors TO