The Arkansas banner., 1845-03-19

emment forever dO not want provinces.
 The eases.of Louisiana and floraa pu'
 ,hi. question q. feyt, that the etrcaty-maSag power has the nqlt to acquire loseiyu ie.tl-
 .orv. gae IeE skB.ve, executive, and Jadirl- al department. ofIhe Government had al eon-
 cured in the opinion, aed t would be llie
 for Mr. 5. 10 deny t. lie had no inclination to deHylt. That foreign territory mgih be annexed by the tfeaty-uakiag power was cer- tain from the very nature of things because, if We dismembefed foreign country, the portion di4melnbaled could not then act for herself in coming iato CUT Union. BuI h9" was il in regard 10 an independent S.ate? How would It have been With Canada Il sae had declared her independence, auopteda re- publican constitution, and came knocking at our doors fer admission: She would olef herself, and, if she had compiled with coadl- tions oI reception, she would have been re- ceiyei. Thus Il was in the present case The two things were entirely distinct from each other, VIZ: the acquisition of part o. the territory of foreign government Gby treaty, aud the application oi an independent government to be admitted into the Union.
 The honorable Senator's mistake arose from his coniounding two things entirely dll- lerent And, after all, the treaty-inaking power existed only by implication. There was 10 express grant of power to acquire for ega territory this foEef arose only from ihe general scope ol the coaStitatloa; and 1t has this limit, tbat 1t should hot transcend or violate the constitution. In Nr. B's iadg- ment, the very strongest argument n favor ol the doctrine that foreign territory might be acquired by the tfeaty-Inaisirg power, WAS found in this very clause, according 10 which Congress might admit new States. l. was d subordinate power; for none, he presumed, believed that we had power ta acquire foreign territory only to convert il into colonies or provinces. In one ease the power Uas clear and palpablc--it was found ia the very laH- guage Of the constitution; iD the other. he power arose by eeastrueton--it was all i'm piled power merely. The power to aftmt new States was an express geant-the power 10 acquire foreign territory arose by infdfct- tlon; vel the afs0mento of the gentleman ffem Kentucky }ir. dorehead1 went to make lle subordinate and implied power override the expressly granted power
 NJ. Jefferson II 1903 Ind his doubts and his difficulties; but did he sav one Wafl about resortlng to the treaty power Ne, he referred at once to he tountaiu-hcad; he did Bot 90 to the streams. He doubted u ta lhe power of Congress to admil foreign S,at.~----
 lAIf Norehoad. Did not Ae deny tie pnUefD
 fes. he denied l.; but af5artAe lester ol Mr. Nicholas who had beeH fH tie eeaaay olI lde while, whereas Mr. Jefferson blmzlIt had been absent III France informing hial of his opinion on tic question. he changed His mind. and said he should acquiese iu tHa ae- Guistiaa oil the suggestion of his ilienas- lls. Jefferson yielded to the arguments oi his irieads. Du,iag the interval beWeea=tae lofaiatien ei the treaty and Is submission to the Senate, he certainly did entertain strong doubls; but it was manifest those doubts must have been subsequently removed, for he and signed tAe treaty and tha act for ilte territorial government ol Louisiana with his own hand. Since then the power had been exercised over and over again
 But what had been the argument Of the Senator from kentucky Had he done any thing more than cite the letter of air Jeii9r- son He laid his entire foundation in that letter; he raised his whole argument on il. Yet from the acts of Mir. Jefferson, and ac- tions spoke louder than wofds,} il Was plain that he had become convinced that he had been in error. Surely all who knew Nr. Jefferson would admit that if lie believed al act vonId he direct violation of his oatA to suPPoft the constitution. he Wis the Iasl man living to do t. After this, Nc heard no@aafe of lis proposal lo amend tae constitution !; the question passed away, and ihe doctrine Was noW established ,Aat VIC might tat lea5t by tfeatyl atmt Lew States formed oul ot foreign territory.
 5If. Moreheaa here iuterposed; and lr B. having yielded ihc floor fotau explanation, he inquired whether the honorable Senator from Pennsylvania intended to alguc that Nr. Jefferson had al aAy time admitted to the lull extent ,Ir Niehe.as's argumenttaat Congress coHid admit | foreign State The acqusi- ton of which MT. Jefferson spoke. was II tae acquisition, not in the right to acquire.
 Nr. Bachanan replied that tho Senator's question lad been answered before il Was put.
 \ laugh He had said that }i, Jefferson had aeted in affirmation of this power. Anu, as Af.8 Van Bufen had before him argued, Air. Jefferson must have changed his opinioa. or he Heter would. have acted as he did a the admission oi Louisiana.
 Mir. B. here went on to say that 1t was a very singular mode of getting rid Of plain clause in the constitution, by arguing from tbe iaconvcaieEees which resulted from t. The seaetor's argument in lhis way applied as well to admission by inc treaty power as to admission by act of Congress. And jhe consequences he threatened were about as much to be appsehended as that it-e sky should iaji-aete' it did, we should catch iarks. X laugh
 \ wise man would leave as little 10 the discretion of his agents as passibe-bui be must leave them s#e Congress had from tho constitution the war-making power; ant. they might, If such was their pleasure. de- clare war to-meuow morning against the whole world Was that aH argument against