The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1845-02-28
Mr. Archer,s Report,

the House, for AnneTins feTas 10 me
United States.
Unwilling that this decisive argument
AGAINST The incorporation of foreign States
with our own by any resort inferior 10 the
treaty making power, should fail to be any
where examined through the dissemination
which many have 10 read any thing, of
wherever merit or importance, unless IN
BRET, we have taken the pains 10 make q
close abstract of Ihis report so that lis
main pouls at least may reach even the
reader who has the least time 10 spare lor
the consideration Of such matters.
The report sets out with adyerting
10 the deep interests and the strong
passions, political, party and personal
which the measure has excited, not only
through communities aud masses but even
m those legislative bodies which only cal.
mer affections should reach. With this
c1citemsn,, produced by very various and
ex,Iema views Of Il mere expectancy hard
IL Offering itself any where IN the same
light, the committee hope not TO be able
directly 10 deal; they conhne themselves
TO the legitimate question alone OF The
merits OF the several schemes OF annexs-
ton, Of those Of he plan sent IN from the
House in particular, and of the consli'u-
,lonal possibility Of thus eifeciing the OBJ.
ject proposed.
The projects are, in the main, alike ~
the mode Of action which they purpose
they all assert that the power to aunex
Foreign Territory and Safe resides IN this
Government, and that II IS through the or
binary legislative action that this power IS
10 be exsr,el. This claim Of power the
report proceeds TO examine, first, as TO lis
existence u; all :; and, secondly, as 10 ITS
extent, if existing.
In ssru,iuizng the former proposition,
that this Government has the constitution
al power to annex TO il an independent for.
eign territory, the committee protest
against ths force Of precedent as an argu-
meni. Ii there is precedent, that prece-
dent NAV have been Illegal and unwarran.
table, or il NAV have expressly placed H.
self 90 the principle oi necessity, the salus
popgli-s law overriding all human enact
rneats and obligations. OF such cases the
leading one IS that of the acquisition of
Louisiana, By the Jefferson Administration;
Of which the later purchase OF Florida
was but the ssqnel, ayowed and intended
from the FIRST "a its completion. As to
these, the committee insists greattorce
that legal precedents cannot be made OF
them they were distinctly admitted by
Mr. Jefferson himself TO be acts beyond
both the letter AMI the spirit Of the Con.
stiutton, and 10 90 dictated only by law
superior TO il, To cure II, he proposed
FIRST, an act, OF indemnity; and, secondly
nm alteration Of tas Constitution, iha
should permit the Incorporation Of Florida
when il could be effected These fact
strip those instances Of all force as prece
dents. unIess f5r that which need. me- pre-
ccden,, an &C, Of oysrruling necessity.
To Justify Ike act, there mus, 10
Ike necessity and that would find il
force, not 10 example, but in the occaslo
aud It's mora than legal or constitutions
validity. Seif-ereservation demanded an
legalized the acquisition Of Louisiana bu
those acts can give no ultra constitutions
authority for what cannot plead the sam
high necessity but II is for them TO prov
its existence, and that with an adequat
certainly, not by the facts supposed mer
~, nor to speak Of those disproyed.
As to deriving authority for this a
from any more regular source, the seho
&C nstruc'Ionists the high and $,
we're interpreters Of the COn,titution hay
always held tina, al the powers 10 be Law
fully derived from tAat instrument for IN
Government, or any part Of 1t, are four
10 precise grant, forming special 50
Of schedule IN the Constitution Itself. :
There and elsewhere 10 Il tho princio;
powers have each maine and definition
To be valid IN ITS application, each pow
er mast answer 10 is name and definite
there.
b.: the territory hitherto acquired hs
been obtained sn'y through the treat,
making power aud hence tina, power hu
unli. lately, come 10 be considered as e.
in that faculty and as Of unlimited exiel
YET il was tie opinion Of Mr.. letters,
that 10 admit power so unlimited was
reader The Constitution a blaak-a lru
too evident 10 need expoundlng. Like
the other enumerated powers, this pon
must he limited BY the oblects for whlt
1t was granted. Undvr tbis right CO
structon, il ia far from being paramount
II is but subsidiary handmaiden Of d
Constitution. Under this constructlo
there must even be some superior pow
TO put the treaty making power IN motto
nor can the latter act except on behalf Of tn
superior power, and in subordiaston to
Within its own proper sphere, howsvc
though limited as above shown, The irea
making power is, BY the Constitution, pa
amount TO all others. That pecull
sphere is our foreign relations and on
their arrangement, Of whatever nature,
has entire control. To ascertain whoth
or not particular transaction belongs
thus power, We have only TO ask, "Is
foreignl"
we have seen that all the powers gra
ted by The Constitution have attached
than PyufpsG uHtnaS