The New York herald., 1845-02-21
TWEHTY.EIGHTH CONGRESS-.
SECOND SESSION.
WASHINGTON, Wednesday, Feb. 10. Is
In Senate.

WASHINGTON, Wednesday, Feb. 10, ls4b.
After the introductory prayer, the reading of the
| journal being dispensed with,
The CHAIR laid before the Senate paper from
| the Treasury Department.
| Mr.. CHoATE presented memorial from Massa-
chusetts for the Annexation Of Canada to the Unit
| ed States, contemporaneously with the Annexation
| of Texas-Laid on table,. BY Mr.. Atchison, reso-
utons of the Missouri Legislature protesting
against the admission of Iowa as State into the
Uaion, unless the Southern boundary be made to
Mr.. Dickinson, the resolutions of the General As
sembly of New York, in favor OF reduction Of
postages. BY Mr. Merrick memorial Of similar
purport from Franklin county, New York-Severa-
Mr. CR1rTENpsN, from the Committee on Militia.
ry Affairs, to which had been assigned the memo-
rial of the Common Council Of Rochester, N. Y,
asking appropriation for suitable harbor at the
mouth of the Gennese river; also, resolutions Of the
Alabama Legislature, ,praying for National Foun-
dry in the South also, resolution as to the expe-
diency of increasing the pay of military storekeep
| ers in certain cases, asked in view OF the brief
remnant of time yet remaining Of the sessions, that
the committee be discharged from the further con-
alteration Of these subjects Severaly, which was
| agreed to.
Mr. FOSTER reported back the bill for the relief
| of the Dismal Swamp Canal Company, and several
private bills, recommending their passage.
CHANGE OF HOUR
| The resolution OF Mr.. BAGBY,. which orders un.
/ til otherwise ordered, the daily meeting Of the
Senate at IL A. M. instead OF IL, as up to this time
/ coming up,
Mr. ALLEN moved to amend by striking out IL,
l and inserting the word ten. There was so much
business before the Senate-s0 many important
| bills yet to be consdered-that it was necessary,
fthere any desire to make the best disposition
of the short remnant of the session remaining to
| meet hereafter at 10 O'Clock.
(Voices-"Oh that's too soon." "Wont have a
quorum"
Mr.. BERRIEN objected, in view of the business
before the committees of the Senate in their COM
mittee rooms, to so early an hour of meeting as
| ten o'clock.
Mr. ALLEN called for the ayes and the noes Or
dered and taken-22 to 81. Amendment agreed
to. And the resolution as amended was adopted
yeas 26, nays 70.
So the Senate resolved hereafter to meet at ten
O'Clock in the morning.
Mr. ALLEN next moved that hereafter the Texas
question be resumed at ii o'clock until disposed
/ Of; but objections being made by Mesers Evans,
Berrien, and others, the motion was suffered to 60
| by default, as out OF order.
THE TEXAS ANNEXATION.
Was then resumed, as the regular order from yes
terday; the question being on the indefinite post
ponement Of the Joint resolution from the House
| for admitting Texas into the Union.
Mr.. HENDERSON said that when on former oc-
cason the acquisition of Texas was looked to
through the reaty-making power, there were gen.
tlemen on this door who opposed it on the ground
that thus to acquire foreign territory would be a
violation of the Constitution. The treaty was de-.
| feated. And now, when the annexation is pro-
posed by legislative action, the same objection is
urged OF violation OF the constitutional authority
| of Congress. Though the power was found in the
| Constitution broad enough. amply broad enough,
to cover this case, yet it had been obe that II
or the fathers Of the government, to apply. IN its
| construction any such case as this. OplnieHs OF
members of the Federal Convention had been
quoted in support Of this position, but they were
opinions Of the msjority tor the legitimate nerpre
! tation of any clause OF the constitution. Mr. H.
| contended that the idea OF admitting new States
was older than the constituton-that the federal
ordinance of 1857, which provided for admitting
| several States from the Northwest, opened the
door to the admission OF new States into the Union
The learned Senator on constitutional law, took
up the journal OF the Federal Convention OF 1877,
and argued with much ability to establish the point
| in opposition to the argument OF Mr.. Choate, and
in favor Of the House resolution, that the power to
admit new States into the Union, in failing to be
limited to majority Of two-hirds Of the two Hou
ses, was left TO the competency OF majority. AT
ter passing over sundry authorities in support OF thii
proposition, Mr. Fl assumed that the power con
ferred to Congress- through the Constitution. o
''making all needfu rules and regulations over the
territory of the United States" was in itself con
current authority sufficiently comprehensive tc
sanction the acquisition of territory, had not the
power to establish a bank been assumed from the
general currency powers Of Congress- And the
power to admit new States into the Union, ncces
sarilv comprehended the acquisition OF foreign cir
cumjacent territory, because the limits of the
/ Union were NOT COunneO 10 the STATES WltnlI
it, but comprised, also, the territories attached L
| the same geographically. The power to acqui
new territory might be preliminary to the admis
sion OF new States, but II was not essential pre-
liminary proceeding Both the acquisition and ad
mission might be consummated in single conten.
poraneous act On the other hand, we might &C.
quire territory which it would never be expedienl
to admit as State or States into the Union-teni.
tory by the right OF discovery, for insance-a right
universally conceded, and a distinct power of ac-
/ QUESTION from the treaty acquiring power
The argumentatlve Senator also maintained that
a preliminary pupage OF the people of a territory
proposed for admission not established bv prc.
cedent. Kentucky, and other States, had been ad-
mitted without such pupilage; and the objection to
the admission OF new STATES into the Union, which
were foreign States, Mr.. H. met by the precedents
Of the admission OF Rhode Island and of North Ca
ro!ina, which, at the time Of their admission, were
quite as foreign, in their relation to the general con-
federacy, as Texas Is at this moment to the United
States quite as foreign in their legislation, Ia their
laws and internal political economy. Yet the OBJ
lection here urged against Texas, that the power
to admit new States did not apply to foreign States