Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1845-01-11

'
eminent for the last three years.
The remainder Of the message is occu-
pied with reference to the disturbances in
Shelby county, which were quel!ed by
calling out the citizen soldery.
ALBERT GALLATIN ON ANNEXA-
TION-BY JOINT RESOLUTION.
The following opinion Of the venerable
Albert Gallatin on the cOnstituiiOnality Of
annexing Texas to this country by a joint
resolution of Congress, as proposed by
Messrs. McDuffie and c. J. IngersolI, can
hardly fail to command a respectful atten-
lion. Those who know what were his
politics through his long and honorable
public life will hardly question his right to
the respect Of whoever claim to be Demo
Gratis;
MONDAY EVENING.
DEAR SIR: | have taken the liberty TO
send you a copy Of an article written for
the Evening Post on Mr. McDuffie's reso-
luton, in which endeavor to prove it un-
constitutional viii you do me the favor
to look over it. and give me your opinion
on the question! Your long experience in
public affairs, and intimate knowledge of
the men and opinions of our best age.
give us a sort Of claim on you TO advise us
when we think the constitution assailed.
Mos, respectfully and truly,
/ DAVID DUDLEY FIELD.
! Hon. ALBERT GALLATIN.
New York, Dec. l7th, 1871.
Dear Sir:-I have received your
note of yesterday, asking my opinion res.
pectng the constitutional character of the
resolutions for annexing Texas by legis-
latve act, now before Congress. Had not
that resolution been proposed, should not
have thought that there conld be a differ
ence of opinion on that subject.
! A doubt has been suggested whether the
General Government has the right, by its
sole authority. TO add foreign independ-
ent State TO the Union; and ] have ever
been of opinion that conditions might &C.
cur in a treaty ratified by the Prcsden,
and Senate, such as any binding the Uni
ted States TO pay a sum Of money, which
would require the free assent Of Congress
before such conditions could be carried in.
to effect. But il is unnecessary, on this oc-
casion, to discuss those questions That
now at issue is simply this: In whom is the
power Of mlklRg treaties vested by the
constitution! The United States have re-
cognized the independence of Texas: and
every compact between independent ma
tons is treaty.
, The constitution Of the United States
declares that the President shall have
power, by and with the advice and consent
of the Senate 10 MGke treaties, provided
: two-thirds Of the Senators concur. This
: power is not given to Congress by any
, clause of the constitution.
,.,arl,l -, r,-ol,t;,,,
I that the treaty Of annexation between the
, United States Of America and the Repub-
, lie of Texas, signed on the 18th of April,
: 1914, (Which treaty is recited verbatim in
= the resolution) shall by the Senate and
D House of Representatives in Congress as
sembled, be declared TO be the fundamen.
tai law Of the union between the said Uni
f ted States and Texas, as soon as the su-
= preme authority Of the said Republic of
e Texas, sha!, agree 10 the same.
). The Senate had refused TO give lis con-
;, sent 70 the said treaty, and the resolution
0 declares that it shall nevertheless be made
!. by Congress fundamental law binding the
e United States. 1t transfers to a majority
: of both Houses of Congress, with the ap-
9 probation of the President, and two-thirds
IS of both Houses without his appreciation
e the power of making treaties, which, by
h the constitution, was expressly and exclu,
sively vested in the President with the con,
g sent of two.thirds of the Senate. II sub,
It stitutes for a written constitution, which
IS distributes and defines powers, The supre
macy, or as it is called, the omnipotence o.
4. a British Parliament. The resolution is CIV
N identity direct, and its present shape, al
lie undisguised usurpation of power and VIC
le lation of the constitution.
he Ii would not be difficult 10 show that
Il. is not less at war with the spirit than vii
d, the letter of that sacred Instrument: an,
to that the provision which requires the cor
Is sent of two-thirds Of the Senate, was If
OF tended as guarantee Of the States right
10 and to protect the weaker against III
abuse OF the treaty.making power, if yeste
Il in bare majority. But the case appear
It, 10 be 50 clear that would fear TO obsscur
~ that which is evident, by adding an
I'D argument 10 the simple recital of the cor
sc stiiutonal provision and of the propose
he resolution.
have the honor 10 be, with high consc
ey Grafton and personal regard, dear sir. you
,st most obedient servant.
CT. ALBERT GALLATIN.