Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1845-03-03

retired Africa Let the gentleman luok at thu hts.
tory o The Low teun rtesthc great battle pld ui Eu-
rope-hnd see how with occasldnal pptuds of national
Independence they had been transferred irun une saye
tclcn 10 another Nns all this done hout treai,2-
VI let hun turn h siitl mare modern nsauee-=lhe
conneNun between Norway and Sweden Norway had
been dependency ui Denmark Denmark, by treaty,
crded her 10 sweden. nut Norway refused Ia be coded
7 she sci up her own banner ike Texas; adopted new
Constitutional aud asserted her Independence but At
length. being closely pr ssrd ny Sweden she enered n
Ia negotiation. and concluded n coopenfini. by which
she snrbdrrPd her sovereignty both tertiary and PEG.
pie, 10 the Swedish cnwu. These certainly wrte Rises
IN punt Bot NJ. did rest an them; he trsrnd
the imprcgnahlr authority nj the we'll known eNpnsi
tom ot the law nj natluns which he had quoted
thny which IN the hands ut every ifantrr of The
Constitution. Whe, tie part Of Texas, therefore.
an appeal 10 the people might he necessary sanction
the Transfer 1T lhsit entire etrorv and natiuaa ndn
pendence with IL thr Constitution had provided cnn.
pe'cni panef To tfra with thsm In the regular treaty
making branch oi The Government aud HAT power We
were hound 7" pursue according to the Imperative lorms
of the Constitution
Nj II. had sld thus much in relation Ia tbs treaty.
maklng naper because he considered indispniahlr
preliminary 10 another 1uesan II the general pnnrr
OF making conventional afranqnmFnis With tntrgn
iiuns delegated by the Constitution the President
aud t"nzthirds al ,he Senate and ihe words vi lie.
neral Washington, ercistelg vested Ia hetn then he
held that no other CLAUSE N he instrument could
hr ~ Interpreted uuy that uraut Would HE
Senator nn Pennsslva tell him thai after This inves
iiiure ol the treaty powof IN the Executive and tao
thirds oi the States, represented IN tins body II
admissible 10 give such construction 10 anwhct rlanse
ol the Constitution whollv override and snh,ett
that powetl Nel that the scope and necessary et
feet ot the arnu nen Under The puuef al tunures, 10
admit ne'n STATES into the Union II commended TINT
majority o the two Houses uf ronptpss could
enter into slipnlaons and agreements with foreign
States for their Incorporation into political y, STEM,
though The power Of treating with foreign Staes had
been expressly restricted 10 the President aud ro thirds
oi the States, M represented In this body, Would II
not be mosl extraordinary. indeed. thai the wise aud
gacious men who framed the Constitution should have
placed strong check IN the most unmporani irnns
aciinns ri this Government with ioelgn Powers such
AS the payment OF a sun Of money! the surrender Of
crlminas, the ENlng 81 some small aud nnl nporant
boundary line. by requiring the assent of lwo-hlfls Of
the States, aud yet should have abandoned tot simple
majority Of the Houses The vast, iofmdahle tran
cendenl power oi treating with foreign nation lr ls
Incorporation into our Cnon} The uere statement al
the proposition was sufficient. II could mol BEAR
menl's consideration. Was moi such power as capa
bile If deranging the original adjustment of their relative
interests awong the States IA mn amendment ol the
Constitution itself Aud yet Tor the amendment of the
Constitution the assent Of three to,rfhs Ut the States
was indlspcnsably required. Was 1t 10 be- presumed.
~ the face oi tins manifest intention OF the trainers of
the Constitution 10 all transactions aud
agreements with utegn Suites the hands Of one lhird
OF the sovereign members of the Cunlrdrrncy that the
vast power Of admitting foreign Government aud peo-
pie nlo the Union would be entrusted Ia the oi
mere transient parry majority of the llonse, Of Con
etessi II cannai be supposed frr nrnent
And IN what pari Of the Constitution WAS II il vast ,
imperial power, capable of suhyerlng all its wr adu.
ted haahres. - be iouDd@lhls lever Of Archuueees
with which To prize IN toul its stable foundations the
whole system o our constitutional Government Whpfp
he asked, was II 10 be tound} In The frelron oi the
Cor stlu6n} IN the same phalanN ofennmeFae ed paN
ere, with the power 10 make war the power Ia coin
money the power 10 raise armies 10 build navcs, IN levy
aNes2 No. sir, Al the vely tout of The instrument
amid the odds and ends OF miseell,ne provisions 1t
was RELOCATED 10 obscure corner was push IA IN
Ia dark hiding place, where II lay concealed like
Guy Fawkrs b,uealh the Senate House prepared 10
blow up aud involve IN one common min The Cunsln.
on and the Union oi the country Surely If this pro-
visnn had The cnossal mag nude which the honorable
senator supposed, II would uo have been thus 9eacd
oil Ito use the memorable expression Of Infmer dis
'ngulshed member Of this body now no muie) into
I corner,
The honorable Senator had instructed m by reading
certain general rules Of Interpretation laid ~n by Vat
tel; hut Nj Il should leave all that and come itlle
nearer home n would ask the nilcmans nj tenon
and that OF the Senate very pertinent and paeea
rule al construction, applying the Constitution of the
United States laid dawn ny ane who had deeper ine
rest IN our system that Nr Il objected the pus
sage which the Senator from Pennsy Ynnln hadttrd The
rules good In themselves. but they mapp ca
bile 10 the question. He would show Thai the language
+ OF the CONSTITUTION IA the clause under dScu,sion
admitted oi hut une rAlioun interpretations, and thai
precise coincidence with the literal import Of the words
as they universally understood aud tccrl, ed the
time OF III, establishment of the Constitution. lie had
bcdre hun canon al constitutional Interpretation which
he well knew the Senator from Pennsy lyaLia must re-
spect for II from uturity before Viii all true
Democrats Would revrnnally buw. II was Ia be found
ia letter from Mr. Jefferson Judge johnson, in hth
that distinguished founder If the Democratic sch0
capltulaed The fundamental principles OF his erred. Won
'cvery question Of construction he saya, "wp should
carry ourselves back 10 The time tchea c Constitution
',cas aioped rrcollect the spirit manifested IN the de
baies. aud, instead Of trying what meaning may be
s9uee-fd cut ol The text, invented against II, conform
sta the probable one IN which twas passed.
Here was gOu1 republican rule 81 cpnsirncon and
II rule which had been sanctioned by the hig
Judicial tribunal ut the county. ~ one Ut the greatest
causes ever brought up r the decision 81 any
earth. J. was The Ui citizen Of Mary land against
the Commonwealth of Prnnsy yana. IN reference the
recovery Of fugitive slaves In that the most deS
cate and critical relations If the States Of this lnlpn
were involved; and IN delivering the opinion Of the
Court. recognising and affirming OF the lundsmpn
tai compromises If the Constitution, Judge Story says:
'1be safest rule OF interpretation, after all, will IL
found 10 be tn look 10 the nature and otccis Of the par
cuar powers, duties. and rights rih III The lights am
aids II contemporary history aud 10 give To the word
Of each just such operation and orcc, consistent with
. their legitimate meanings may fairly sccne and attain
he ends proposed"
And now with The aids and llohis ri cunlemparane.
aus history, Mr. X. invited the Senate do what
Mr. jefferson had said ought 10 be done in every qnes
+ ton Of constitutional cunstructiun'to 90 back III The
time when The Constitution aGapted,o and " a
was the sense in which lis PROVISIONS then prac