Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-02-22
NATIONAL INTELLIGENCER.
SPEECH OF Mr.. RIVES, OF VIRGINIA,
On the Resolution for The .a,uaeration of Teras.
II sENATE-FEBRuARY Is. ls4s

resolution from the House for the annexation of Texas
Mr. RIVES and addressed the Senate in opposition "a
the joint resolution for the admission of Texas TO the Union
He commenced by observing that was very well known Ia
the Senate, and not unknown TO the country far as any
humble opinion of his could be deemed of any importance
that ne was not opposed to the acquisition of Texas whenever
could be fairly and honoraby accomplished in accordance
with the provisions Of the Constitution and without grayek
disturbing the harmony of existing relations between one sec
ton OF this country and another and between this Govern
nent and other Governments So far it. that he regard
ed that measure combining many important national adj
Vantages commencing il TO the consideration of the whole
countyof the North and the West than the South
In much OF what had been eloqueny said by the hon
orable Senator from Pennsylvania (Mr BucHASAN) yeser-
day. regard the expedency the concur
red But far higher question than that is before
Every thing that might be deemed by expedent not
therefore, lawful and justfable. What would il profit us
should we gain Texas if thereby lost regard for that
sacred instrument which the bond of national unon
the pledge and palladium of liberty and happiness The
mode in which Texas be acquired in aspect upon
the principles of political compact was with him. vital
and paramount consideration We had heretofore made
important acquisitions of foreign territory, than doubling
the OF original limits but had made the acqus
lion by means Of the making power in this case of
Texas too the treaty had been called into action 10
achieve the of annexation but the having
received the constitutional of words Of this BODY
was at last discovered that all this reference the
treaty making power mere useless work
Of supererogan idle, unmcanng fomality; and that
the object could be better accomplished joint resolution to
be passed by majority Of the Houses of Congress
nen and conscience OF Senator whether this
mode Of proceeding warranted by the Constitution
and in conformity with that good faith which the people of the
several States had pledged each other when they the
Constitution and promised to abide by it.
1t the proud distinction and the peculiar happiness OF
this country to possess rien Constuhonan instrument
which only limited the general mass of power delegated
TO the Government but which defined the particular powers
to be exercised by each branch of that Government Accord
ing to Its provisions each department had its own appropriate
sphere of actions each of them checked and
checked by the others and thus the whole together
the safeguard of the public liberty The Legislative depart
nent IN other Governments arrogaed itself supreme power
the jra SUNNI imperi but, thank God such Legislative
supremacy unknown The Legislative well
the other departments of Government in system, were,
the impressive language of Mr. Jefferson, s'chaned down
by the limitations of delegated authority San electric
Poism he had well said, swas the Government
we fought for In system the powers balanced
between the several bodies of agsacy that neither could
transcend Its limits without being Immediately checkedby
the others. This the fundamental conception Of Ame
constitutional liberty understood by the enlightened
founders Of this Republic, and had been faithfully carried
out In the Constitution of the United States In that
ment all the Legislative powers of the Government were spe
cifcaly enumerated and vested in the Houses Of Con-
gess the Executive power defined and entrusted to
the hands of the President while Judicial authority was
conded to the Supreme Court and such other subordinate
courts should be established from by Congress
This organization embraced all the great internal interests Of
the country
But there remained other interests to be provided for which
had respect to the relations of this country with foreign Pow
So important the power which controlled these
that Locke his celebrated Treatise on Government had
ranked along with the Legislative and Executive as CO.
ordinate independent power under the Of the Fedora
fire power All these interests whether peace war; of
alliances of succers Of commerce. of territory Of bouna
res were regulated by treaty II became therefore, lay
ing the foundations of the Government matter of primary
importance to determine where this great power should be
lodged In all the modern Governments of Europe was an
appendage 10 the Executives but il different
Under the articles the Confederation this power was reposd
m of Staas
give effect 10 any treaty alliance When the Convention
met 70 frame the Constitution embarrassing as
well important inquiry, where this power should be de-
posted The first idea suggested place in Senate
exclusively then suggested that the President should
Be associated with the Senate and when this resolved on
then the question whether the President and mere ma
oy OF the Senate should exercise the power whether
more than majority should be required In this question
great interests involved The Northern States enter
tanned great jealousy in regard the interests Of the be
RES and feared lest the future exigences of the Republic
these might to be coded by treaty while the Southern
States equally jealous respecting the navigation Of the
Mississippi and the question Of their Western boundaries both
which points then controversy with SPAIN Both the
North and South therefore, united in demanding that more
than simple majority of the Senate should be requisite for
the ratification Of treaty, and the proportion of thirds
finally agreed on.
The Constitution having been adopted by the Conven-
ton which framed it presented the people assembled
IN Conventions in their several States for acceptance or reiec
non When the draught Of the instrument before
the Convention of Virginia, feature in it attracted
nest and so jealous degree OF attention this form
treaties The thunder Of Patrick Henys eloquence was i'm
medatey launched against because he thought arrange
ment Of the treaty making power did sufficiently secure
70 the South and the West their rights reference the nav
CATION Of the Mississippi and to their western boundaries He
compared the Constitution with the old articles Of Con-
federation IN this respect and endeavorcd to show that the
States had enjoyed greater security under the latter than they
would by the arrangement So great the anxiety
N the Virginia Convention respecting the safety of Western
Interests that most searching inquiry instituted into
the acts OF the Continental Congress respecting negotiation
for the temporary surrender Of right of navigating the
Misslppi and members Of the Convention who had been
delegates to Congress called the stand as witnesses
and required to testify what had been done in that matter
Nor until after days Of deibeaon that Virginia finally
consented to raty the Constitution but she
her ratification with proposition for it, amendment demand
ing higher security respecting the exercise Of the making
power Her demand that in commercial treaties the as
sent Of twohds Of all the members Of the Senate houd he
requisite, and that in treaties for territorial boundaries the as
sent OF reeuhs Of both Houses should be requisite The
noble and patriotic State Of North Carolina conquered with
Vngna in this amendment but not acceed TO by the
other States, the requisite number Of them having ratified
with the treaty clause il stood.
Soon after the Government went into opera,iop an
important discussion Congress as to the extent Of this
power He referred the unfortunate difference o on
mon between the House of Representatives and President
washington respecting the British treaty negotiated nv Mr.
Jay The House called the President for the instruction.
under which the treaty had been made and General Wash
lngton sent them which, with the highest au,h
ny which had ever accompanied any merely human words
he gave his testimony the intent and meaning Of This
part Of the Constitution. His words were these
Having been member Of the General Convention and
knowing the principles which the Constitution was formed
have ever entertained but opinion this subject and
from the first establishment Of the Government to this moment
conduct has exemped opinion that the mover ~
Ia in IL,