The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-02-24
ANNEXATION OF TEXAS.
SPEECH OF MR.. ASHLEY,
OF ARKANSAS.
On the Resolution for The .l,,neraion of Tsras
IN sKSArE-FEBRuARY 81 Is45.

On the Resolution for The .ilnsraiOn Of Tszas
IN sESATE-FEBRuARY % lS45.
Mr.. ASHLEY said he rose to address the Senate
upon this aston, embarrassed by a very severe
cold, and embarrassed by the position in which he
had been placed in consequence of the able arvu-
ments which had been heard upon this question:
Situated, however, as hetwas, he would feel that he
IecIeant TO the duty that he owed TO the noble
Stale which had confded TO him the position that he
now occupied, if he should suffer this question To
pass without doing something more than 10 give his
silent vote. When he said that this whole subject
was a 10 hIm, and that he had had no fur
ther opportunity Of examining it than that which he
had acquired since he had been member of this body
II would not he surprising perhaps that be should
adopt what had been adopted by gentlemea who had
preceded him. The course of this debate had been
surprising 10 hm-perhaps for want of information.
He spoke of the mode in which this question had
been aIgued-the mode Of constituting the opinions
and judgment and wisdom of our forefatbers, which
had been set down not by any course that he had
ever heard Of in the practice OF law.
Let him ask gentlemen if 1t had ever occurred be
fore that an argument had been made use of for as
ceraining what were the motives of large body of
individuals by referring to the motives of a small
number The convention that framed the constu.
ton was body OF men as large = those who COM
posed ibis ASSEMBLE -somewhat larger, he believed
And whose opinions had been Ken as evidence of
the motives of that body The opinions of Mr. Madi-
son, Gouverneur Morris, Luther Martin, and some
two or three individuals; and the motives OF these
few taken as the motives of the whole mass of
the convention. Take one of your statutes-take
the post office law, which had been &C Ting upon
during the present session of Congress some half
dozen gentlemen had spoken upon the subject. 1t
was passed through by majority Of 80. When that
law comes TO be questioned a court of Justice
would 1t not be extraordinary if the opinions OF those
half dozen who had spoken upon the subject should
be taken as expressing the opinions Of all and The
general opinion of the whole assembly should be dis
regarded 1t was, 10 his apprehension the stranges
course imaginable, that are to resort TO the mo-
tives of few individuals for the purpose of ascertain
ing those which governed the whole body. He
would any case, gra at the propely of going back
to coemporaneous history tor ascertanng 40 express
sion of the situation of the whole country; but he
would rot grant the propnety of examining The OPP
Mons of three or four men.
Under what circumstances had this argume mt been
made use of For the purpose of showing the doubts
as to power' For the purpose of putting consruc-
ton upon the face of that which admits of doubt /,
No: for no such purpose but for the purpose of
raising doubt to destroy the plain and obvious con-
struction on the face Of the constitution Was not
this true Had not the arguments made use Of by the
honorable Senator from Virginia, Mr. Rives and
by the Senator from Kentucky, Mr.. Morehead and
every other gentleman that side, been directed to
that object'
This mode of proceeding was different from any
course which he had ever seen passed when a ques-
ton of construction came up for ad Indication before
court of justice.
He would be as brief as possible. He claimed that
this territory belongs to us now that had never
parted with it; that we had power 10 part with it.
He claimed that by the concurrent authority of every
prominent man in the country, we did acquire Texas
by the treaty of 1903 This had been assented to BY
abby the public ministers on both sides, and recog-
nsed by the Spanish minister himself. Assuming
that as true, then--and he had heard many men ad
NIT the truth OF the proposition, and yet deny that
Texas, in consequence of the subsequent action of
this ,continued portion of the territory
of the United States-how did be lose his citizenship
nationality by any act to which she did not con-
sent2
He was an advocate of the strict construction of
the constitution. He had been educated TO believe
that it was the only manner in which we could keep
up government of delegated powers within the
limits prescribed to it and he would apply this
course TO all casts upon which he should be called
upon to vote. He was willing to extend Il as liberal
ly as the nature Of the case would leg,mately re
qulre, to carry into execution those deega ed pow
ers. The power to admit new States INTO this Union
must be exercised in one Of two different ways-
How was II to be exercised What authority does
this grant of power give IL it be necessary that we
should acquire the territory first then it grants to us
the power to acquire territory. II it grants to US the
power to acquire the land first then the constitution
must give the power to admit that territory into the
Union because, unless we first had the power to
bring il in, we could not erect States out of il aris
ing ioithin The limits Of the Union" Let us take the
converse Of the proposition. Have we, in oonse.
quence Of this grant Of power TO form new States.
the right to dispose of the peoplei No he did not
admit the right Let him refer TO the only clause of
the constitution under which we could act:
The Congress shall have power 10 dispose of. and
make all needful rules and respecting the
territory or other property belonging to the United
States and nothing in this constitution shall be 80
construed as to prejudice any claims of the Uniled
States, or Of any particular State"
Could any senator clam-would he dare to CLAIM,
in the face Of the American nation that this gives
the power to part with solitary citizen so ac9uir
edi When they speak Of dsposing Of territory and
other property belonging to the United States, thew
u, cessarly, from the character of our government
mean lands, and nothing but lands What did zoe
acquire under the treaty Of 1902 We acquired NOT
only territory but inhabha,ts. We give them a
guaranty, by our previous action that they shall be
formed into States, and admitted into this Union
and unless gentlemen contend that the free SOVEREIGN
people Of this Territory who are admitted with tbs
Territory, should be sold like sheep 10 the sbsmble.
then they cannot claim that this government has any
power TO part with those People over which Il has
acquired the right Of jurisdiction He cared M,
how many treaties were made il would stiIl he IN
vain TO argue that there is grant Of power In m.
to do such an act and slthough might