Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-04-08
4I---NO. IO7.

ueauSo, assume tiie power 10 purchase Territory.
!he new school OF strict constrroton:s,s lhcn
deny The power Of Congress 10 adm. sew
State beyond our own limits unless The rresi-
dent and Senate first purchase The ter-lrory.-
An expressly granted power Of Congress lhua
becomes paralyZed. unless an assumed power OF
the President and Senate may give il life end &C.
tion. Nothing is said, in terms, in the CoIslu-
ton concerning the acquisition OF terri,cry But
the right Of Congress 20 admit new States IS res
feet, absolute, unrestricted This position is ina
pregnabe. II carries with il, we contend, also
the right OF Congress 10 receive territory, Tor lie
purpose OF admission as a State, quite as clearly
as the right Of The President and Senate TO max.
treaties gives them The power 10 purchase !etro-
ry. II Is said, this construction makes The Incl
dental superior 10 the specified rover. ! DENY
II. II is still subordinate Bur If il does is lha,
so in one case more than the other The ecoui-
sition Of territory, in this view Of Tie subject.
is an incident, at all events The only difference
is, that one argument makes it an inciden, 10 The
power of Congress, including the President, Sc
nale and House OF Represt natives: The other
makes il an incider; 10 the power OF the Pre.-
dent and Senate alone. But again am remind.
ed, that the power Of the President and Senate 10
make treaty precludcS the power Of Congress
10 make compact because a treaty is a com.
pact. But is every compact 4 lreaiy7 A treaty
implies negotiation. 1t presnpposcs and is based
upon 1t. II is negotiation. To treat is TO ncco-
tate. II was given 10 The President and Senate
as The most convenient medium OF settling differ
! ences with other nations. Il cannot admit a
Stale. OF what use then is the intervention OF
this power Tor that purpose when negotiation has
been hat, Or has ia lied. or is unnecessary7 There
Is nothing OF negotiation in the arrangements IN
tended between US and Texas. We, by an acc
81 Legislation, propose 10 admit her as a STATE or
TO receive her as territory, whichever propcsi-
ton before US shall lie adopted In either case
! she accepts, comes into the Union as State I'M
der modified constitution, or cedes her territory
and jurisdiction 10 US. Shall the power 10 liz
! President and Senate 10 make a treaty. Absorb
! into uat body and lake from Congress all ar.
rangements with toI, ign nations winch pafake
of The nature o! agreement Sir, il is an assuInp-
lion exploded b. the !, hole history OF our lesis-
! lalion from the foundation OF the Union. The
/ acts OF non-lnlelcoursc are examples u legisia-
1 tive compact, sanctioned by tine and AUTHORITY
! The system began in 1898. Il was revived in
/ 1909, and continued in 1919 and not !olsa itd III.
] The peace OF 1915 One OF those acts OF Congress
, prohibited the public vessels OF Great Britain ii
| France from entering The waller, q! The UnIe,i
States; but al the same time, prnposcG that il eli
tier power should, within specified yerioi 70
peal or modify her cdic,s injurious 10 Us. re
therein mentioned, and the Other power should
refuse So to do, for specified period here: i,cr,
then certain expired laws Of Congress excluairs
! the others of those nations from trading hei,.
should be revived against the na'i,n 50 reirs.
J ing but that The in;crriiction contained in the
law against The nation 50 ferosng or modifying,
| should cease. Here was 4 proposition in Inc
nature of compact. lis acceptance bound us
in good faith 10 fulfil j, Tha; obligation could
alone make its tender oil importance. France did
! in fact revoke and received The benefits ot the
! law, while Great Britain refused compl7:ntl,
negotiated and went 10 war. Here is IN eAam-
pie as Objectionable, on the principle Of leeisia-
tive compact, as any arrangement proposed with
Texas. But. Sir, another legislative compaci,
preceded by negotiation too and OF a recent date
forms conspicuous era in the history .. our
commercial intercourse with Great Britain. Who
has forgotten the loss of the British West India
colonial trade during the administrator of A,r
Adams, by onr omission To comply III seasc:
with the terms of intercourse prescribed by an
act OF Parliament Il was recovered during lie
administration OF General Jackson, through sr
arrangement made win the British Gorerrcca.
Y, ....i'..., / '.,'''oi.. III, la" - SO'E' -
provided, tina, il Great Britain wonid oprl hc7
ports 10 vessels OF The United States in her colo
MES on certain terms as 10 duties OF tonnage arG
impCstS, and az 10 The right OF expectation ard
importation The ports OF tie United States Should
be open 10 British vessels from the colonies ca
terms reciprocal When evidence Of The conf
piiancc Of that Government shorld he presented
10 the President he was required TO make pro-
camalion Of The fact The operation Of tie law
,hen commenced Upon the faith Of This law,
and in pursuance OF lis provisions Great BIZ
tain by order in council, did open her ports, sri
the arrangement was thus consummaied, end now
forms the basis of commercial intercourse be-
tween the two countries. Here IS practically
compact formed and executed by legislation, nos
bv treaty Trnc, il did not cede territory But
where is the difference in principle, 20 far SIS The
right or capacity Of making compact i con
cerned, between this arrangement. and via! we
propose with TcXasl
But, sir the power Of acquiring terTi'cry would
exist without anr provisions Il The Constitution
auhorizinslh The admission OF rev States. knew
it is said Mr. Jefferson doubted The power ct Tia
| acquisition of Louisiana, and suggested 80
| amendment Of the Constitution. Why Is this
fact perpelually alluded 10 by gentlemen IN Gro
| silionl Sir one would suppose thai such ce!a-
renee 10 his views might induce them 10 follow
his eyampIet0 correct an error by change Q.
opinion. The power is Inherent 10 soTereisntY.
II is necessarily incidental 10 H.. Suppose ycu
conquer nation in war, can you not eAient
vour jurisdiction over her eniioryl And can
you not equally extend your jurisdiction without
war fihcre be no impeachment 10 your progress.
especially with he consent moi 10 say inviiai!tnr
OF those who occupy and own lie iefriloDI-
Was there ever assembled before such modest
s.l.sacrificing unamhilious body ri ], g'>i: oIs
as the opponents OF annexation in ihIs Ham Had
they, instead Of our ancestors heen hrs; 10 land
upon these shores. sure am they would have re-
posed forever on The beach OF Plymouth. Sir,
The history Of lie United STATES j, his;clv
of territorial acquisitions. Who owns The iarcs
West Of the Mississippi? Who DOWNS Nttr; ska'
Who Oregon OF both &c Which you ale sosn -
take possession We claim T. Butwhai is Inc
foundation Of orr tishif To one portion, il 5
POWER 10 another portion, Di>CoythY and Pew
er both Il did mol cone ~ The British urea {!
peace in 1883 Her jurisdiction was Last 9!
the Mississippi. TINE, We acknowledge l.s-
sessory right in the Indians We oh;ain co.
sions from them. But DO We wait TOR lnGiah
cessions, before stretching our Government apt
laws over the whole country, lIom The onier sci.
Elements 10 he remolesi depths Of he wilder
ness? No, Sir. Under The authority, not Of rur-
chase, but Of the inheren, tights Of sovereignty.
do we go forward, "askns no questions We
take possession, erect our forts, plant our flag
post our troops exercise the functions OF Go
vernmcnt, claiming, taking, and holding he
territory as our own, and when our population
spreads around the Indian nations, or approaches
their locations, we buy Them out; and, Sir,
we have thus advanced for generations, ard
have, moreover, solen,nly proclaimed 10 lhr wold,
lUlUuSl llc EAttuti'c tlu ISsSlSIdliNc ~ I'"'
menis Of The Cover mont, that VIC viii al
low no European power to co!onizc any Toliioh
ofthis mighty ccniirenl, asserting our own clam
as paramount 10 all. Yet, s;r gentlemen have
Constitutional scrupes 10 tie annexation OF Tex
as with her consent, as fiofy or state BY
legislation; but 10 The acquisition 81 Nebraska
and of Oregon By legislation they have mere
Sir since The foundation Of our Go.'frmt nj, have
we done little else bot press forward through tie
wilderness wl.hou, shadow Of authority, cx-
cept the law OF nature, ana the IIsE Il arrropI!
alton by The power Of inherent sovereignty; snd
even but recently have We sent OF! upon the
ocean squadron Of exploration and discovery,
with niunc'ions ioraisc the banner OF the Stars
and Strire," upon unoccupied and unknown
portions Of Tie globe. Away, then, with me
pre,epce SO unbef;'ing the dignity Of American
progress, that Congress cannot do with The con
sent Of The nation interested, thai which our le-
gsla,ion has ever done, and sill is doing, with