The Yazoo City Whig. [volume] (Yazoo, Miss.) 1844-1851, 1845-01-17
NEw YoRK, Dec. 9Th, 1914.

NEW 1ORk, DEC. am, 1914.
DEAR SR-l have received your note of
yesterday, asking my opinion respecting the
constitutional character Of the resolution for
annexing Texas by legislative act, now be-
! fore Congress. Had not that resolution been
proposed, | should not have thought that
there could be difference of opinion on that
subject.
4 doubt has been suggested whether the
General Government has the right by its sole
authority, to add foreign independent
State to the Union; and have ever been of
opinion that conditions might occur in a
treaty ratified by the President and Senate,
such as any binding the United States to pay
sum of money, which would require the
free assent of Congress before such condi-
tons could be carried into effect. But it is
unnecessary on this occasion to discuss those
questions. That now at issue is simply this
In whom is the power of making treaties vest
ed by tho Constitution The UnitedStates
have recognized the independence of Tex
as; and every compact between independ~
ent nations is treaty.
The Constitution of the United States
declares that ''the President shall have pow
er, by and with the advice and consent of the
Senate to make treaties, provided two thirds
of the Senators concur" This power is not
given to Congress by any clause of the Con
stitutOn.
The intended joint resolution proposes
that the treaty of Annexation between the
f United States Of America and the Republic
of Texas, signed on the 18th of April, 1914
(which treaty is rected verbatim in the res.
oution) shall, by the Senate and House oil
Representatives in Congress assembled, be
declared TO be the fundamental law of TN.
> ion between the United States, 50 soon as
the supreme authority of the said Republic
of Texas shall agree to the same.
The Senate had refused to give its con
cnt to the said treaty, and the resolution
S declares that it shall nevertheless be made
9 by Congress fundamental law binding the
United States. 1t transfers to a majority Of
both Houses Of Congress. with the approba.
ton Of the President, and to two thirds o.
: both Houses without his appreciation, the
q power ofmdking treaties, which, by the con
stitution, was expressly and exclusively vest
ed in the President with the consent of two
thirds Of the Senate. 1t substitutes for {
4 written Constitution. which distributes anC
t defines powers the supremacy, or as it is cal
ed, the omnipotence ola British Parliament
The resolution is evidently direct and il
its present shape, an undisguised usurpatior
Ofpower and violation of the Constitution
1t would not be difficult to show that it il
Y not less at war with the spirit than with the
D fetter Of that sacred instrument; and tina
the provision which requires two-thirds O
the Senators, was intended as a guarante,
of the States Rights, and to protect the veal
r er against the abuse of the treaty making
D power, Invested in bare majority. But th'
case appears to me so clear that would fea
to obscure that which is self-evident, by ad
ding any argument by the simple recital o
q the constitutional provision and Of the pro
0 posed resolution.
| have the honor to be, with high consid
Grafton and personal regard, dear sir, you
most obedient friend,
> ALBERT GALLATIN.
: DAVID DUDLEY FIELD, Esq, New York
THR DEBT OF ILLINo1s.-ln relation TO tn