Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1845-01-06
Your most uhedieni servant.
DAVID DUDLEY f'IEI
Hon. ALBERT GAI.LAriN.
Monday Evening.

Dear SirI have received your note of Yesterday ask
Ing my opinion respecting The constilut oua character
OF The resou,onur anuexsg TEXAS by leg lsaii,e act
no" oeluro congress. lad not that resolution been
preppsed should not have thought that there could be
a dnleience al opinion on that subject.
a doubt has been suggested, whether the General
Government has HE right, by It's sule authority, 10 add
ioreign independent Sale the Union; and have ever
ceeh oi opinion that condons might IN treaty
ratified by the Pnsldent and Senate such as any bln
uhg 'he lnitd States 10 pay Il sum oi money, which
would require The Tree assent ui Congress before such
eohui''os could bo carried into effect. Bat 1t isun,
necessary. on this OCCASION to discuss those questions
hat now at issue Is simply tbs: Ia HON is the pow
eI OF making treaties vested by lhe Constitution The
Cnlied States have recognised the independence Of Tex
as aud every compact between independent nations Is
treaty.
The Constitution of the United States declares that
ihe President shall have power, BY aud with the ad
vice and consent OF the Senate make treaties prov dpd
iva thirds o the Senators CONCUR This power is moi
given 10 oongr SIS by any clause of the Constitution
Inc intended jln' resolution proposes that the treaty
., annexalnn between The United States OF America and
ihe Republic OF leAas, sgned OF The 2ih ct Ap lsii
(Which treaty rs roced verbatim in the esullun) shall
ey the Senate aud House OF Representatives in Con
ar,ss assembled, be declared 10 be the Fundamental law
Of union between the said United States and Texas. 30
soon as The supreme authority ui the SAID Republic Of
Texas shall agree 10 the same.
treaty, and the resolution declares that shall ne erhe
less Do made BY Congress a fundamental law bindlnr
me United States. 1t transfers To maluily OF both
HOUSES OF Cngress, with the appreciation of the Pres
den sni "oli'rds of beth houses, uiihout his appro-
oaan, the power al making ,eaiies which, by the Con
s'uii"B, WAS expressly and exclusively vested in the
RESIDENT with the CONSENT oi thrGs vi the Senate
u substitutes Tor i written Constitution. which tistr
ohes and d aes PAYERS, the SUPREMACY ar as il is cal
led The onniuI,hce uf the British, Parliament The
resolution is e,'deniiy direct, aud present shape,
an nidisaaised usnr al pome and violation al the
constitution.
u woud n1 BIZ dli ,ul show that is not less at
war with the spifl Than with the letter OF that sacied
ins'fanenii and that the Provision which r.qures the
consent OF tao-ihirds Of iie Senate, WAS intended as
guarantee ol lie SAFES rights, a0d protect the wea
her a2ains, The abuse oi me resiy aknq pawer it IN
vested IN bare majqry But the case appears 10 me
~ clear, that wouhi lear to obscure that which is self
evident, by adding any argument ,he simple recsl Of
he Constitutional pray and oi the prpasd res luton
have The honor 10 be. wild high consideration and
PERSONAL regard, dear SIT, your msi ohcdeut servant
.,Y. IVA ALBERT GALLATlN. |
New York, lsth orc. iS4l
Dawn DrDLss FIELD, Esq, New lo,k.