Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-03-15

ton, offer contract proposal Of mp,uat y; nsa
consent on our part, to certain terms Of aereemen, d
ictaion 10 foreign nation her part to acren, ,h ~
records of the civilized world can find no srh sasn -
this OF the exercise OF Legislative power il Wholly ,h
the sphere of Legislative authority. The fyeafy ro 49,
poses articles OF agreement and makes contracts i has for
ITS object contracts with foreign naons while tn. powers &c
Congress have for their object whatever can be done n ,
ton to The powers delegated it. WITHOUT The consent Of f
egn nations commercial heay binds both the parties 10
commercial regulation, the of the ha is con-
ned IN ats operation TO the people and territory Of the law
making power It binds those only who are found within the
Jurisdiction OF the Legislature It in general Be repealed
pleasure u begins and ends with those who enacted IT,
ont resolution proposes to unite the treaty makng and
powers, the executive and the Legislative authority
anu % bnd by the forms Of i both our own citizens and
&c % operate upon territory and the territory
e'gn nation Legislation attain such objects
unaer our Constitution
ms resolution in effect usps the authority given by the
ANT - 49, . the PRESIDENT by and with the advice and con-
~ - e senate, TO appoint ambassadors and other public
'ss Is through these functionaes and other oficers
~ e department that we speak to foreign ratons
49,; I as,, US such, has communication with for
49,. IN the language Of Mr.. Pnkney in the
debate on the commercial treaty. NAV be said he on,
on mas given to the President and Senate the excs;ve
IT' aa cohol q the whole machinery Of diplomacy
lie only with the appreciation Of the Sennte can an,
negolator or take any step towards ! nego,a,op TIA
CONSTITUTION does not in any part of Il even intimate that
any other department shall possess either constan. - an
occasional right TO nerpose in the preparation &c
or in the final perfection Of it. The President ana s.,
are explicitly pointed out the actors II that sort of
transaction The resolution before us addresses sef a.
rectly to foreign Government is the voice az legislation
speaking independent nation not indeed h So,n ,hh
the ordinary fundamentally Of the Executive Department
and officers appointed by it but in substance proposing - n
oy us own direct agency mutual spulaons and guarantees
to be binding both nations II Congress can thus speak
directly to another naon ii have the power to perform
all acts auxiliary it. Ii negotiate with foreign Go;
vernment by an act Of legislation if it make an agree
nent IN the form OF law to admit such Government into
the Union, surely can do the thing BIZ ogenf H.
consequently may empower whom pleases concae and
perfect an arrangement with foreign nation and thus in ef
ect appoint ambassadors and public minister's such as NAV
perform the duties appropriate such officers If Congress
can admit Texas into the Union without the previous exercise
Of the Executive powerif they propose settle the
OF such admission by their joint resolution they certain
y can make such propositions through authorized agent ar
pointed by them they also select agent to receive p
posas from Texas The greater includes tho less If il can
submit proposals BY resolution can confer authority on an
other to submit them and this would be usupaton not war
ranted, but prohibited by the Constitution.
The resolution for annexng Texas the United States is
IN direct conflict with the treaty making power have
advered to the and of resolution
II has every ingredient Of contract except consumaton
y the final assent of both parties 1t contains TERMS condi
IONS, ana guarantees Il is in the nature of compact or
agreement And what but this a treaty We cannot an
mex Texas without her and invite her give it,
Are not these proposals for arrangement contract by
which rights to be surrendered and acquired And when
perfected, do they substance constitute treaty. And
not this solely within the province of the treaty making
power The language of Mr.. Calhoun which have Quoted
before, is full and pct this point Congress cannot
the consent of another nation belongs the treaty power
and can any be regulated by it,"
This resolution removes the great safeguard which the Con-
son has provided ior the security Of ALL and especially the
small Statea IN intercourse and relations with foreign Pow
er via tho Of twohirs of the Senators present to
any treaty, contract stipulation with them. The power
was lodged here to guard against sudden and Ladvsed cg
iation In the Senate there equality Of representation
the States and the Of thirds required the
caton Of treaty, because treaties generally involve
OF great importance, which may seriously affect the interests
and prosperity of the States The power asserted in this
solution is given to bare majority Of both Houses of Con-
gess to create many States may deem expeden thus
destroying the balance of power intended he secured
Constitution, annhang the political power Of the small
States and merging in that of the great States which may
be erected or admitted by the exercise of Legislative authority
to prevent such result (among other reasons)
with foreign nations requires perfect them the two
thirds vote of the Senate.
This resolution tn, principle involved in it. calculated
seriously to impair not destroy the balances Of the Consu-
lion in another form, by wholly changing the relative po-
ca power of the States in the representation in the House
OF Representatives If Texas be annexed by Of
Congress- any other foreign State may be admitted by virtue
the same authority and thus foreign slave States may be
received into our Union in ntm, until the representation
threehs OF all persons beside those who free will ex
coed the entire representation Of States and the power
OF the latter be for gone Is it credible that patriots
who signed the Constitution believed that the grant of
power to Congress TO admit States into the Union they
were confeng authority which, if exercised its full ex,
Tent would deprive every free State of all political power
that branch OF the Legislature which directly and mme
dlalely represented the ProrLr of the Union
There is necessity for giving this clause Of the Con-
suon the atudnous construction insisted by those who
support this resolution Full effect may be given to by limit
ing to what its language obviously imports and what the then
existing and future the country might reunre
hen the Constitution formed had an extensive te
tory out OF which States might be formed we had old
States which might wish he divided The Constitution
provided for both II authorized the admission of States
eser rom Territories or existing States and thus every pu
pose " the clause answered With great propriey
therefore, DO the Committee Foreign Relations in their
report 70 the senate, the following language
nerah import msy end restraint by reference 10 the
fact Of adequate being fr opeat;o, ne ne dha,
first aud reasonable check broad Interpretation.
cluded from operation beyond the Unon did have
time Of the Constitution, docs u lind now,
which sufficient 10 authorize the inference that
other matter have been intended Tor IT. that this would
be OF satisfy There large OF territory
Of the larger States OF the Union which
imperative national opinion destined the formation new
Vermont, the Territory OF Frankand already
claimants admission. The territory northwest Of
Ohio appcnages Of Georgia. presented
field almost indefinite for the operation the clause range
Of surface in which the appetite OF construction the
dnste might be expected find safety. All these together
furnish sphere Of operation certainly prolific allow
monsters OF construction TO be bred supply food for
ton"
The consequences which may from the construction
given to the clause authorizing the admission OF States
furnish another strong argument against the consituonay
Of this resolution. In the language of the report say
that if these effects found in the exhibition Of evil
peril the principle which lies the bottom Of all institutions
that IS be tried By its fruits directly forward to
assert claim control" do not deem ii necessary
insist that the effects and consequences which result from
the operation of law always furnish the controlling rule for
It's construction But if they such upon any supposed
construction will prove highly dangerous and deleteous