Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-02-15

sss
against IT, Here supposed to be an end of he tre.s
put no sooner was Congress assembled its present sess
than joint resolution introduced declaring that III.
treaty. tbs ratification Of which had thus decvey red
by the Senate the only body which could give
ratification, should, nevertheless become the supreme law
q inc land Ihs resolution is now pending modified in III
FORM but providing substantially for the object it has
already passed the House Of Representatives and should
pass both Houses then attempt will have been made and
VIII nave succeeded SO far the forms Of law concerned
70 ray treaty by majoes Of both Houses instead
| OF the constitutional authority of the Senate.
we know what occasion bad objects have been more
emphatcay pursued by bad MEANS or in which the reck
OF the original purpose has followed up by erost
disregard Of all constitutional and just resains this pre-
prevail, the eatymaking power established by
Is at an end. II will he longer for the Scna.
conservative and most permanent body of the Gov
So, y act deliberately and gravely treaties with foei
- Judge OF them in the light of its wisdom, and
-; responsibility Of its high character and graz
ns,. T .hs constitutional number Of Senators Pesei
ne ratification of treaties will become the business
OF party najoties, temporary naores \ NAV he hare ma
= .c TWO Houses, acting under the influences, al
M y al e effors which may occasionally affect the pre-
ceedhgs OF such numerous assemblies
Both the negotiation and tho ra,;sca;on &c ,r..,;o. 49,. Is
their nature, parts Of the Executive mower of Goyemen
Wherever the Executive power is vested there the treaty
TS ass power oIthay goes with it. and part Of IT,
mere may indeed DC limitations introduced for greater Sc
curly and in this it is important whether we cons
der the Senate of the United States as parakpg n tbese ~
speots OF the Executive power being clothed by the
provisions of the Constitution special authority n
gard to treaties That authority established and does exist
exists in with the power the President
the ratification of treaty may be made by maories Of the
two Houses, the negotiation Of treaty might well be u
deraken by the authority.
The House Of Representatives has Legislative power and
none other and whatever may be the form of resolution
law for the annexation of Texas STILL such resolution or
law must imply the assent of Texas the thing be
pushed Is plainly compact between independent Govern
mems IS IN its nature, therefore, convention agree
emf between two nations, and convention agreement be-
tween TWO nations Is treaty. and must be sanctioned in the
way provided for all treaties.
The entering into treaties with foreign nations is matter
OF me very highest Importance often attended with danger
ana always requiring grave elaboration. Yet the
good does require that Governments should enter into such
treaties for commercial and other just proper purposes
But while the power is granted, special limits and securities
are also established Senators elected by States an
equal number from each State decide upon one
OF their express constitutional powers and duties No treaty
with foreign Power be ratified unless twohids Of The
Senators concur in effect unless wo-thls of the Sat,s
concur.
Here is then constitutional guaranty only that all
treaties touching the general good Of the country shall be de-
beraey considered but that nothing which may affect the
rights interests and authority of States shall be done unde
the treaty making power without the consent Of twohds Of
| the States themselves.
And appears this Convention that if conceive
OF any bargain, compact agreement with foreign State
under the authority of the General Government in which the
States States have peculiar important and perms
nent interest," it is compact agreement by which another
one Of themselves. Fl.
Whoever seeks therefore, confer the power Of atfyng
treaties other body than the Senate Of the United Sae
acting under its constitutional limitations numbers APP
pears TO strike deadly blow of those cons
deate provisions, which regard the States States and give
them States, equal share in the administration Of the
Government
But desire not to be misunderstood According to our
convictions there power in any branch of the Govern
ment, all its branches, foreign territory this
Union We have made the foregoing remarks only show
that any fair construction could show such power exist
any where be exercised any FORM yet the
its exercise proposed destitute Of all decent sembance
of constitutional proprety.
Great reliance is placed by the advocates of annexation on
the precedents of Louisiana and Florida be de-
MED that those pecedens do embarrassment the pre-
sent OCCASION because precedens often allowed to have
fuence without full consideration of all the
which make them rather exceptions general rule than
a regular emanaton from it,
Louisiana acquired under very particular circumstances
totally distinct from those which pertain the present case
can well exist in any other circumstances affecting, and
liable affect well the peace the country useful
enjoyment of its acknowledged territory Every the
importance Of the control of the mouth Of the Mississippi
every that while foreign Government held Lousans
we commanded outlet TO the from all the and fer
tile regions Of the West With Spain had had difficulties
menacing II obvious that Western region, FLU
ing up with such wonderful rapdy by enerprising citizens
whose necessities for passage the increasing
with their population and their products would never
refrain from insisting, whatever hazard the free use OF
the greatest river in the world along whose banks among
The acquisition of Louisiana a Of Mr. Jear
sons administration He himself appears have had the
slightest idea that it would be admitted into the Union
without alteration of the Constitution Such alteration Of
the Constitution was certainly contemplated and
mended by him but the posture of things at the moment and
the general acquiescence of the country in the attainment OF
what had seemed necessary attain led the ratification
OF the treaty. and to the subsequent admission of Lousans
into the Union State without any alteration Of the Cor
stitution.
Florida also acquired by treaty The objects OF the
QUESTION similar those which had prevailed in regard
Louisiana with this further nducement that the whole
value Of the territory should be paid to citizens of the United
States who had just claims against the Spanish Government
for seizures and spolations of property.
These cases. in the judgment of this Convention do
justify the attempt made to Texas We not
that they have been defended upon such ground
assumed in the of Texas They stand
peculiar TO themselves and in regard either Of them these
peculiar the urgency Of the case the genera
acqescence of the country either occasoned overlooked
departure from constitutional principles provisions neither
OF them certainly be allowed to have the authority Of
general precedent As decided and acted upon let their
stand but if they to be regarded justying suhor
for other nexaions for which necessity
TONS not of territories but of whole nations then obvious
that forcsec what may be the country Of which he
citizen, under what forms of he may hops
hereafter to live. =. s.a~-s
WArERToS, IN. W FEBnuARr A.
MouRSFUL TRAGEDY. this week called ON ochrori-
Gle most melancholy occurrence, in which young and anna
BILE lady has been suddenly and Unexpectedly torn from society
families thrown INTO