Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1845-01-02
THE TREATY.MAKINc POWER.

The annexed correspondence, which we copy
FROM the Evening Post, explains itself:
MONDAY EvrNlSo.
DsAA STA. havc taken the liberty to send
you copy of an article written for the Evening
Post, on Mr.. McDuFFiE's resolution, in which
endeavor to prove it unconstitutional. Will you do
me the favor to look it over, and to give your O.
in public affairs, and intimate knowledge Of the
men and opinions of our best age, give US a sort
o. claim on you TO advise us when we think the
Constitution assaed.
Most respectfully and truly, your most obedi.
ent servant,
DAVID DUDLEY FIELD.
Hon. ALBSRr GALLATiN.
New YoRk, Dec. II, 1874.
DEAR S,R. have received your note of yes
terday, asking my opinion respecting the consti-
tutional character Of the resolutica for annexing
Texas by legislative act now before Congress.
| Had not that resolution been proposed, / should
not have thought that there could be a difference
Of opinion on that subject.
| A doubt has been suggested whether the Gene.
raj Government has the right, by its sole author-
~, to add foreign independent state to the Un-
| ion and have ever been of opinion that condi-
tons, might occur in treaty ratified by the Pres
ident and Senate, such as any binding the United
States to pay sum of money, which would re-
ditons could be carried into effect But it is un-
necessary on this occasion to discuss those ques-
| lions. That now at issue is simply this: In
whom Is the power of making treaties vested by
the Constitution
The United States have recognised the inde-
pen6ence of Texas and every compact between
independent nations is q treaty.
The Constitution of the United States declares
that "the President shall have power, by and
with the advice and consent of the Senate, to make
treaties, provided two.thirds of the Senate con-
cur" This power is not given TO Congress by
any clause in the Constitution.
| The intended joint resolution PROPOSES that the
treaty of annexation between the United States of
America and the Republic of Texas, signed on
the 18th day of April, 1874, (Which treaty is 70.
cited verbatim in the resoluton,) shall, by the
Senate and House of Representatives in Congress
assembled, be declared to be the Fundamental law
of union between the said United States and Tex
as, as soon as the supreme authority of the said
Republic of Texas shall agree to the same.
| The Senate had refused TO give its consent to
the said treaty, and the resolution declares that il
shall nevertheless be made by Congress iunda-
mental law binding the United States. II trans
fers to majority of both Houses of Congress-.
with the appreciation Of the President, and two
thirds Of both Houses without his appreciation,
the power of making treaties, which by the Con.
stitution was expressly and exclusively vested in
the President, with the consent of twoathirds of
the Senate. IL substitutes Tor written Consti-
tuition, which distributes and defines powers the
supremacy, or, as it is called, omnipotence of a
British Parliament. The resolution is evidently
direct, and in its present shape an undisguised,
usurpation of power and violation of the Consti-
| tuition.
1t would not be difficult 10 show that (. is not
less at war with the spirit than with the letter of
that sacred instrument; and that the provision
which requires the consent Of two-ihirds of the
Senate was intended as guaranty of the States
rights, and to protect the weaker against the abuse
OF the treaty-making power, if vested in bare
majority. But the case appears 10 me so clear
that would fear to obscure that which is self.
evident, by adding any argument to the simple
| recital OF the constitutional provision and of the
proposed resolution.
have the honor to be, with high consid Grafton
and personal regard, dear sir, your most obedient
servant,
ALBERT GALLATIN.
DAVID DuDLrY Fisrp, Esq. New York