Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-06
CONCURRENT jurisdiction was designed 10 be eI-
nIici,Iy disallowed. Take, for instance, The iol-

az revenue passed. The Constilutioii ~ 'ein'''
communicates the power 10 regulate coinmcfIe,
and 10 impose duties on that Department; ,. -
COMMUNICATES 1T IN TERMS TO NO OTHER. w III
out engaging al all in an examination OF 'he cA-
tent limits, and objects of The power TO make
Treo,;es The Committee believe that the general
rule Of onr system is indisputably, that THE CON
TRor. OF TRADE, and THE FUNCTION OF TAXING DC
long without Arrangement OF PARTICIPATION, 10
CONGRESS-" &c
If This be sound doctrine, it would not admit OF
a doubt. but that our trade, commerce, revenue,
taxation. &C. would all be most essentially ahec'-
cd lmost beneEciaily lhink,) BY the annexation
Of Texas Hence, il the control Of true ann
he function Of iaring belong without Arrangements
or pari,eipation 10 CONGRESS-, il follows thai me
treatv.maiins porer can have no participation
in affecting that annexation, and that The cLclnsirG
power 10 accomplish il belongs, without doubt ana
without stint, 40 Congress" Then; be fright or
be il wrong, and lei others do as they may, The
universal Wings Of the Senate stand commit
led upon the ciOiec Of alternatives; and all eyes
are upon them, and all expectation contldes, that
thew will cling to their principles and concede,
Thai if annexation is 10 be accomplished al all
the LeriAatton of Congress is the mode 10 which II
must be done.
We'll. we know that The Constitution of Texas
was modelled upon ours, and in lis distribution
of the powers affecting its exterior relations. most
closely resembles, if it be not Identical (or have
not copy OF ii, 10 make myself perfectly accll-
rate. with our own. A construction, therefore,
which is true and orthodox in lis DETERMINATIONS
between the powers appropriate 10 our !realy-ma-
king power-and those which belong without par
tlcipation" to 0w COnsresS-may well DC regard
ed as applying with full force to the constitution
OF Texas. Ii then the ''c0nfyOl Of Lade n'id me
function oflarins," belong without participation
TO her Congress, how is it possible that her treaty.
making polcer could be competent TO annec her 10
the United Sfalesl To whatever extent annexa-
ton might affect Wyadc or Inc Junction o. fafins
with MS il is evident il would affect Texas, tho
roughly. yitaly, irrc,ricvably! Affect her "trade
and 6uaction ofiaring" Why, il she enters into
our Union at a single blow, the whole power OF
regulating trade and commerce, bctTeen her, and
each Of these States, as well as with all foreign
States, is stricken forever from her constitution;
and in relation 10 her revenues her customs, lat
This time, BY far the largest and surcst source Of
them will be utterly annihilaled BY The Union,
because our constitution lorbids State 10 "Iay
any imposs or duties upon imports or exports,
&c. and the effect Of such prohibition upon the
"lorinr function" of Texas is readily made appa-
rent.
have now before me the last Report Of the
Secretary Of the Treasury of Texas, dated The
Is, OF December, 1874. l gather lherelrom the
following aggregates resulting from the state of
her customs during the year, ending 3lst July,
1914:
Total amount Of merchandise i'm
ported S6S6.1U3 Us
Total OF gross amount OF revenue pol ,dl3 80
Expenses of collection 23,55l As
Nett amount OF revenue lI7,S6l 80
| see nothing in Mr.. Secretarys Report, show
ing any avails from the Public Lands OF Texas;
but the melt araiis of revenue from Direct Taxes,
Licenses and all other source OF supply, fall short
of The aggregate of S45O0O, being about one
fourth. or IS per cent. of the whole revenue
Hence in the event of annexation, she tarins
function" of Texas would be affected SO thorough
ly and vitality as to need, at the present time, an
augmentation Of taxes 10 the amount OF IS per
cca., TO supply the deficiency occasioned by part
ing with The avaIs Of her customs.
These important results then 10 the trade, COM
mcrce revenue and taxing functions" OF Texas,
being the sure consequences TO her from anaefd-
linn, it is clear, that upon the principles lad down
in the Report of the Committee on Foreign Rela-
lions. coupled with their imputed relevancy and
application TO The Constitution OF Texas her
Ifeoia-7n0king po,rcr Cher President and Senate)
is wholly incompetent 10 the annexation, and that
nothing short of the Legislation of her Congress
could be competent thereto
If Ttras then is constrained 10 resort to her
Congress TO accomplish this measure, It seems TO
me OF little consequence 10 determine whether the
Treaty-making power OF this Government, would
have been competent to acl or not; for still main
tain the opinion advanced in my last epistle-
that the Treaiy-making power OF our Govern
meni cannot enter into any Treaty or have any
National dealings with any different or other func
tionaries than the Treatynaking functionaries
of another and consequently, that our Efcentfrc
would be wholly incompetent 10 enter into any
Treaty or Compact with the Congress of Texas
without reference al all, 10 The question whether
the subject matter Of such Treaty or Compact was
within the competency Of The Executive or not
nav, even admitting his authority 10 have made
them with the Texan Executive 10 he undoubted.
fully assent TO 50 much OF The Report OF the
Senate's Committee as asserts the power OF Coa-
gress 10 make compac,s with foreign nations BY
legislation; and | 60 even further, and maintain,
that such power extends to every species OF COM
pact; but do not concur with the Committee,
that the power of Congress is ercluSire, in the
class of compacts 10 which the Committee refers
think II is concurrent only-and that The fitness
and facility and promise of means necessary to
be employed in securing The compact, should de-
lermine in every case, whether Congress or the
Executive could act, TO the best purpose; bu! then
in regard 10 ALL CONTACTS or UNION, main
iain as heretofore, the ertiusircaess OF the Lcgts
iailre power.
Toihc extent Of asserting power in Congress
10 make compacts with foreign nations, the Sc
nales Committee is amply sustained BY the prae-
ticc OF the Government, | have already Referred
in previous episte, 10 The authority given TO
Mr. Jefferson 10 suspend the Embargo act, on
condition that France should repeal her Berlin
and Milan deerccs," and Great Britain her "Or-
ders in COune,l," &c. | propose now TO refer 10
other cases.
An act of Congress had been passed on the Isl
Of March 1909, entitled San act 10 inlerdict The
commercial intercourse between the U. States
and Grea, Britain and France, and their DEEPEN
denotes, and for other purposes"
The llh section provided "That the President
Of The United States be, and he is hereby, au-
lhorized, in case either France or Great Britain
shall SO revoke or modify their edicts as that
they shall cease TO violate the neutral commerce
Of the United States, TO declare the same by pro,
clamalion, after which the trade of the United
States, suspended by this act, and BY the act lay
ing an embargo, &C.. may be renewed with the
nation so doing" &c.
Soon after the passage of this act, its contents
were made known 10 Mr.. D. NJ. Erskine, the
resident British Minister at this Court, who. IN
a note 10 Mr.. Robert Smith, our Secretary oil
State, dated the 18th of April, 1909, referring there
10, says:
"In The mean time, with view TO contribute
TO the attainment of so desirable an object, H,s
Majesty iroad he 'riNing 10 withdr0c has 'OrderS
IN Council Of January and Norsmbcr, 1897, IN
Mc persuasion that he President wouh Issue pro-
clamation for a reneral of The intercourse 1r,th
Great B,iiain," Sc.
In reply thereto, on the same day. Mr.. Smith
says:
II am further authorized TO assure you, that
in case his Britannia Majesty should, in the mean
time, 1cithdraphis "Orders in Council OF Janu-
AIRY and November 1907 so far as respects the
United States the President mil mol fail to issue
a proclamation, bv virtue ojhe authority, and for
dte purposes specified in The Hi scetion 81 The aa-
int commonly called The Non Iatercoure Ar.
To this MIR. Erskine replies the next day:
in consequence Of The acceptance by me Prcst-
dent, as stated in your letter dated The 18th inst,
ofthc proposals male By me M the partofhis Majesty,
for the renewal of The intercourse between the re-