The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1845-02-28


Since not deducible from these sources,
can the proposed act answer to any OF the
names OF powers conceded by the Cons,- |
tutionl Ii is u territory, people, State !
that is 10 be acquired. Now, territory
may be gotten by conquest, by purchase
or by voluntary cession. Tho right OF
conquest is insepsrable from the right oil
war; and this Government therefore pos.
sesses il, in common with all others
Mere purchase, as we have seen, Mr.. JEFF
ierson held to be power denied Us, except
under the law OF Necessity. purchase
might he made a cession received, as IN
the case of Florida aud Louisiana, where
it would avert an impending and certain
war for the war power must justify what
IS The onl, menus of ayertlng war; and
even the clause Of providing for The gen.
era welfare though abused by one party
IN latltudinous claim under il, and reduc-
ed too much TO nothing by the over.strct
Interpretation Of the other-mlgh, well
Justify power 10 do tina, which IS iruely
necessary TO the common, the federal as
opposed to the sec,ionsl) welfare. Such
a power, used as in the sase OF Florida aud
Louisiana, is conservative, not unlimred-
limited, not laliludinous. In those cases,
II tended directly TO avert war and 10 ce.
ment the Union and Constitution.
What, then is the department of the
Government that can take this power, It
TO Ne exercised Congress may declare
war and furnish the means for carrying II
on: but there its powers end II can not
declare who is to conduct II, or how II Is
: TO be prosecuted. Occupations OF terrific
nv in war gives no title; that, the arrange
men,s and terms peace can alone confer.
The surrender of the right TO the territory
can be procured only by The treaty making
power, and the legitimate acquisition must
therefore, be derived from that power a.
lone. The sans thing must be said Of
purchase or cesson. These imply, neces.
sarlly, contract between the sovereign ali.
snaiing and the sovereign receiving and
that contract, conducted for them by their
agents or commissioners in conference, is
a treaty. This then, is the only lawful
avenue BY which foreign State or Terri
tory can be brought into this Union. Ii,
under the question of voluntary cession,
you include the case Of population, as
well IS a territory, then, since II has been
already shown thnt territory can IN no
manner be brought into the Union, but
through the agency Of he treaty making
power, il follows that lis population must
be included in the same rule.
Ii is, then, only 10 be considered, furh.
er, whether popualioa and territory, com.
bined INTO a Sta,e-an independent body
polilic-csn be, us such, incorporated int
+, this Union By act of Congress
!. To make such an act legitimate, eve
!. externally, Congress, if competent 10 II
}. SHOULD have evidence OF an authentic pur
/. pose Oh The side Of Tho other party or PEG
pie, which here have not been afforded. =
=, Il has been bal assumed tina, Texas desire
: this Union. We have not regularly ask
\ ed, nor she IN any positive form given, he
! assent. We expose ourselves, therefore
d TO all those charges OF large and rockies
!, cupdi,y which we have so often and louC
Il ~ hurled against others.
+, A single line Of the Constitution, i" Ne
i, States may be admitted by Congress,
ia rendered 10 spite Of all authority, the has
q. Of this act. If to be thus interpreted,
overthrows all limits TO construction, a
Ct bounds 70 this Confcderacy. Either e
Of feet is fundamental change Of this Got
E. eminent; Congress msy annex any al
. all foreign States whatever.
y Al the adoption Of the Constitution "
is possessed, ~ wide and waste realms, a
ID th, scope which even Imagination h,
ri then taken for tho cAten.lon for our limil;
- and accordingly, IN the repeated dlscu
J sions Of this clause, mol one aluston occu
\. which luiimaes that such an effect iru
', il entered any mans conception.
N The contempt itself was welI.conslt
cred compromise between conflicting II
ss tcrests aud sections, But the ndm,ssi,
!. Of an unlimited power, by an ordinary a.
- Of Legislation, utterly 70 change The enll
lie face Of things, could never have been in Il
i. plaii0n Of those who, with such lea
IN Gus care, settled that compromise, al
to provided such checks upon its change
III The small States, that submitted only w
Ill tnsgFinSs 70 me present pan, cou!d sur
cr ly never have agreed to one under whlc
en- by unknown and boundless accessions fro
-. abroad, their ro!a.iYe influence 10 the c.
/ lederacy would he utterly swallowed up.
lo By the Constitution foreign relations a
n, entrusted to the Executive and twn.ihir
er of the Senate While to Congress Is CIV
q; the power to ADM, new States. Is il pc
AT sible that the latter power should lucu
II. the former But if il be foreign Sta
Or, hat il to be admitted, then what but /
ty departments alone empowered 10 treat wi
n. foreign States can settle and arrangc (
ar matter, or even receive or give the C
Or preSolons Of a Willingness to be united =?
ii II ID urged that this is matter Of I
or peoples will, here and ia Texas. But II
to is one Of those things where, in our Go
II eminent, The peOpie collectively S not
10. The terms Of the Confedency eutrl
n IT TO The decision Of two.lhlrds Of the State
to through tho Senate, and not TO the vol