Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-01-25


for foreign possession, regulate its government settle it,
lie it, protect it. open it to the ngress of people,
seems to be fair coroary that cannot acquire IT, The
acquisition without these powers, would be uitess. The
discovery Of island, the conquest Of foreign territory,
the purchase of one would be the most nugaory OF all
we cannot govern what obtain should like TO hea
from the friends Of annexation, who have denied the power
hold colonies, megble reconciement Of these two
opinions
Returning, however, my argument desire il to be noted
that there be power TO acquire territory deducibe from
Constitution power which is to be exercised only through
the Executive Acquisition by conquest alone be sustain
ed incident of the power which given to the Ekec
tive carry Discovery rests the basis for
discovery but species of conquest Acquisition by cesson
and transfer is the result of treaty implies negotiation be-
tween sovereigns-agrcement ratification and permanent
obligation the supreme law to each party This also an
Executive power The Executive aided and controlled by
the counsel of the Senate which two combined constitute the
treaty making power mean say that the Sem
united with the Executive in this function, e-
gsave body but supreme council Of advice. 1t by
different rule from that which prevails in its Legislative pro-
ceedng, requiring twohirds Of its votes to sustain treaty
1t therefore, for the occasion, portion Of the Executive not
the Legislature of the nation.
Now Mr.. Chairman, will not go the length of my friend
from Massachusetts, (Mr WIsTuRor) and say that this
power to acquire territory does exist Constitution
strict construconst sir that phrase is understood
and do not stand upon these very nice distinctions
eve the Constitution designed be- and is plain com
mon sense untechnica paper intended to convey all
that might be found necessary the happiness and safety
the people that il not designed to exclude useful mp
cations of power which might whoutvolen language
be inferred from its texts that conceived in the idea that
some breadth OF construction should be given phrase
reach contingencies presenting obvious benefits the nation
that does not the subdivisions of powers granted
only because such enumeration would weaken the
enumerated and that 1t does enumerate broad and
what indefinite phrase expressly that may ample
verge for and contingencies which sagay could fore
The gentleman from Illinois (Mr. DoUGLAss) told
the other day that the great distinction between Democrat and
Whg-or FederaAs he took pains add hoping doubt
less emphasis fix the stale and absurd charge
of synonyme upon which his party has alone subssed for
yearhe told that the distinction between the parties was
that the Wings claimed the right exercise all which
Convenient and useful the discharge Of the functions
expressly designated in the Constitution whilst the Democrats
held the restriction TO be to such necessary
Sir will not stop adjust the balance between these phrases
To my they sound pretty much alike and especially in
reference to this Texas question.
do not as have said. go the length Of affirming that there
power to acquire territory Cases may they have
arsen which this power of acquisition may be valuable
cessarymportant the safety of the nation do not
therefore, make points upon it, but will admit may be infer
red from the grants of the Constitution.
Them sir, say, there is power to acquire, there is
also power to reRn7uih territory They correaives,
and rest the argument The only grant the Con-
sution is that the President shall have power with the
advice and consent Of the Senate make treaties" This
phrase Is left without limitation infer from it that
intended to confer upon the eaymakng power right to do
all that according TO the usage Of nations ordinarily done
by treaties and which forbidden in other sections Of the
Constitution recognise other boundary to this power
undoubtedly amongst the highest and most delicate functions
OF Government and have great influence upon the welfare
OF the nation They require caution in their exercise happ
y very seldom employed and the circumstances with
which they be connected will always present grave and
cogent demands upon the wisdom and patriotism of
eminent The powers relating to item, strikes me- were
for these purposely left vague and indefinite They
belong only great emergencies which, all history shows
strict boundaries of power not and often cannot be-
puousy observed Such the of the ceon Of Lou
justified by the highest national Inducements
less than the welfare and even safety OF the Western
In the same ghtwe may regard the acquisition of Florida
And So too may estimate both the acquisitions and
of the Ashbuon treaty. should be very 10th, sir
deny power whichha been obviously Convenient and useful
tins has been in the have referred dissent there
FORE from the high authority of Mr. jefferson in suppos
ing such incidents were contemplated.
So far them precedent and universal acquiescenco Of
value agree that this question of acquisition and ceon Of
territory has been seed-wscly settled that the treaty max
ing power sufficiently comprehensive authorize what has
been DONE The Louisiana treaty acquired the Florida trea
both acquired and relngushed The Ashbuton treaty
did the thing agree that these the law of the land,
and that they have become settled precedens wish that
the gentlemen who find much virtue these presidents
now could bring their tho pre-
ceden much stronger than these relating to other of
this Governments or, at least that they would to
poach, and rather commend the Wing party for their fidelity
the Constitution and its interpretations by authorities quite
as respectable those quoted.
These of treaty. When occasions for
discovery shall arise, doubtless shall find consent on the
part of Che nation quite strong to form precedent that
which susains the treaty power
again 10 the point that in whatever mode territory
may be acquired by this Observation-Disclosures by conquest
discovery, treatyhe design Of the Constitution (sup
posing the power acquire be granted at ally to leave to be
done through the Executive, not the Legislature
Gentlemen greatly mistake the authority conferred upon
Congress by the Sd section of the 4h article which empowers
Congress to admit States" into the Union This is
simply power OF organization and inspection. 1t has mo-
thing do with the power obtain the territory upon which
State be erected Neither has any thing TO do with
the question whether the founders of the Government designed
to make States from foreign domestic territory These
questions presented only in the clauses have already dis
cusscd have shown that if territory could be acquired at
ALL il could only be in the modes have pointed out OBJ
viousy intended that treaties compacts should
made with foreign Governments without the consent of
wo-thrds Of the States any than il that amend
Of the Constitution should be valid until ratified by three
fourhs.
In defining the duties and powers Of Congress- this clause
in regard States, Indispensable and perhaps in
the very words employed Congress should admit them-no
other power should do it. treaty, therefore, could not
treaty could procure landCongres alone could make or
more States out of it.
The Government had erritory-probaby contemplated the
acquisition Of twas essential in either case as well
regard the territory it had what might IN future acquire
that power should be given admit States In the
Convention members wished to raise the point should
States be confined the territory then in possession
There debate and thought best 10 leave the
power sayng nothing about the territory that being
question belonging another department of Government as
/ have stated.
think it. therefore, very evident whatever doubts ex
list the faculty acquire territory, there no doubt that
Congress has not that power.
What confusion would if Congress had The Ex-
ccuve and atymaking power act subject OF acqus
ton They refuse agree the compact Congress goes
the same enterprise and ordains il be done. Which is
the law of the land Both treaty is the supreme law
when il made treaty rejected by this process becomes