The New York herald., 1845-02-17
TWENTY-EIGHTH CONGRESS-.
SECOND SESSION.
In Senate.


the iourna OF yesterday was read, whereupon
Mr. FRANcIs presented the credentials of Hon
Albert C, Greene, elected to the United States
Senate tor tx years, from 4th March next from
the State OF Rhode Island
Mr. Dix presented the official evidences of the
election from the State of New York, of Daniel s.
Dickinson to the Senate of the United States for
Blk wears, from 4,h March ensuing
Petitions were presented by Mr.. Dix, from New
York State, against the admission OF Texas /; by
Mo Dick lnson, from the county OF Aeghany, NJ
Y, against said proposed annexation by Mr..
Porter, from Michigan. memorial, asking the
Simultaneous annexation OF Texas and Canada
Severaly laid upon the table ; by MIR Archer, a
memorial from Marian county, Mo, for change
of rhe naturalization laws.
Mr.. WALKER, from the joint committee appoint
ed to inform James X. Polk, and George M Da
las of their election the Offices of President and
Vlcs- President OF the Uailed States. reported that
the committee had performed their duty, and had
received assurances from each OF those distln
guished gentlemen Of their profound gratitude to
the people, and their sincere purpose OF promoting
the best interests OF the country, DC.
After other unimportant presentations and reso-
luons Of inquiry,
Mr. BAGBY's resolution for changing the hour of
meeting OF the Senate. from IL to IL in the NOR
ming, was taken up
Mr. EVANS, from the impossibility of the Com
mittee OF Finance discharging it's business in COM
mttee, II an earlier hour of meeting was adopted,
desired the postponement of the resolution.
Mr. ARCHER, in consideration of the reasons as.
signed by the honorable Chairman on Finance,
Wednesday next.
Mr. ALLEN sad there were hut about sixteen
days ot The session now remalnlng, during which
time the Tex,s question, the Oregon bill, and rhe
hill FOR the admission of Iowa and Florida into the
Uniog, together with several of the annual appro
priation bdls, had 10 be acted upon, and unless an
earlier hour OF meeting was agreed upon, some OF
those measures would certainly get the 60 by.
He hoped the resolution would, therefore, be
adopted.
Mr. BAeBY thought, if adopted at all, the resolu.
tion ought TO b. adopted now.
Mr. WALKER did not know why the committees
of the Senate could not discharge their committee
business as well as the committees oi the House
az tins the meeting ot the body at III o'clock
They could certainly do II by convening in their
commtte room. at nine in the morning, instead Of
10 or III O'clock Two great measures had been
srut to the Senate by that glorious and patriotic
House, and Il was lncumben' upon the Senate 10
make the most jud cons disposition Of the remain
der of their time, IN order To secure some decision
upon the great measures awaiting their action.
Mr.. WOODBRIDGE said, with all his respect for
that "Gorious and patriot House," the Senate
committees required time for The examination OF
the great measures sent to us from that ''patrio.
tic" body, tor our consideration.
The ayes and noes called and the result
was 81 TO % so the resolution providing that the
future hour OF meeting OF the Senate shall be IL
instead OF IL O'Clock, was postponed till Wednes-
day next.
arising from French spoliations, its passage, was
further postponed till next Monday, on motion OF
Mr.. M'DUFFiK.
THE TEXAS DEBATE.
The hour arriving for the resumption of the re-
GUAR order OF the day. To wit: the report and
lutons from committee adverse to the House,
joint resolution for the annexation of Texas to the
United states,
Mo ARCHER rose, and after looking about the
Seaate, said, he was sorry that his colleague was
not now in his place, Had ne been taken i'll, or
had any unforeseen circumstance occurred TO call
hum away, Mr. A. doubted not but he would have
been informed Of it, He therefore, asked in defer
ence to his colleague, the suspension OF the ques-
ton afew moments, until message could be sent
Mr. HuNrrNe rom asked if the general calendar
could not be taken up (Yes! yes, Certainly =
Take up the caendarD
Mr. RIvEs here made his appearance, and as he
came forward up the main aisle there was gene.
raj murmur of satisfaction aleng the line of beauy
in the main gallery of-'There he is-there he s!''
Now lis;en!'-"Am't he handsome" The ante
chamber communicating with the Senate was fill
ed with ostrich plumes and sweet faces, beautifully
visible through the open door from the reporters
gallery.
and with calmness and selt-possession most be
coming the question and the occasion, rose and
said
1t was very well known to the Senate, and not
unknown TO the country, that so far as expediency
OF the measure was concerned, he was not opposed
To the acquisition OF Texas, provided it could be
fairly and houorably accompished-in form con-
slsent with the fundame entail principles of the Con-
s,iuuon, and without interrupting the peace and
harmony of the Union. In advancing the aggre.
gate power OF the whole country, and the CONNER
ca interests OF the north and west even more
than those of the south, he believed, with the clo
quent Senator from Pennsylvania, that the annex
alton OF Texas would unquestlonable contribute.
He concured with that Senator, therefore, upon
the considerations OF expedlency connected with
this question. But Mr.. R. acuated by higher
considerations than these. We had been told by
the highest authority, that everything expedenl
was not always lawful What would be the value
ut 4ifIn nj TeYa oahI ouadh hvyf ho
trampng under foot the Federal Constitution, that
bond OF our common union and general safety The
mode OF acquiring Texas, and It's consistency with
the principles OF the Constitution, was paramount
aud vital consideration In the two casesoi the acqui
sition OF orlda and Louisiana, the treaty Ak king
power was the medium through which the consunl.
nation in each case was Effected An attempt had
also been made, by treaty, at the last session, foI
the acquisition of Texas, but failed IN default oi
tvo-thirds OF the constitutional confirmation by
the Senate.
Mr. Rlvgs here entered into historical analysi;
of the powers of the Constitution, contradistin
gushing the treaty y-makng power and the legit
mate International relations belonging TO its exer
clses, from the legislative functions and limitation
OF Congress The House resolution was Inno
valon upon the Constitution, in assuming for the
legislative department the settlement of a comp aci
Only properly wlhin the sphere of settlement By
treaty THIS was one of those issues which some.
tlmss drive us all back 10 the authority Of iunda
mental principles. There wero occasions in The
language of the Vsrglna Bill OF Rights, In which
we were Cal"o Upon 10 weigh deliberately the
principles of justice, rroderation, temperance and
virtue, with frequent recurrence to funda me gta
principles II there ever was An occasion for the
exercise OF these virtues OF justice, moderation,
temperance and virtue, with n solemn regard foI
fund tmentai principles, i the present one -
Nor should We ludn r. ia coballstc Interpretation
OF constitutional powers, bui 10 the plain context
and obvious meaning and intent OF its provisions
and TO a rigid adherence 10 the functions legitimate
ly attaching the several departments OF the gene.
raj government Upon the ground, therefore, pre-
vously assumed that only through the treaty pow.
er could an International contract of any kind be
consumnated, Mr.. Il. maintained the u1coDstitu.
tlonaty OF the House resolution because il usurped
the power TO make treaties in behalf OF the leglsa
tive department That resolution was treaty
the terms, coudltons and principles of the reso.n.
ton were those of a treaty. II they were not the
terms OF treaty, of contract, or an agree mem.
he knew not what was an agreement or coniraei.