Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1845-03-03
Is TIL Gov Il. * u s..
SECOND SESSION.
SPEECH OF MIR, RlNES. OF VIRGINIA.
IN SENATE.
SATURDAY. Feb. Is, 1915.
TIE ANNEXATION or TEXAS.

Il
century. II had come 10 be the settled law Of The and
that the treaty could acquire foreign Territory.
that II exclusively mds competent Ia that function.
Mr X went on 10 say that THIS question had come up
for declsnn before the highest Judicial tribunal of the
country IN thu case of The American Insurance Company
vs.. CATER, referred In by the honorable Senator lfan
kenturky, (Mr MoRrnrApl when that august court
had pronounced the thai the Constitution. having
established the treaty making power wnhou, qualfea.
ton ~ restriction, had the extent Govern
meht which il had IN all other Governments and lepi,l
moley extended Ia The acquisition OF treign Territory
lie no law yer and felt II he epng oi his
sphere in quoting eases to his learned TREND. lie
deslnod however that the honorable Senator recognised
the correctness of that decision To It's fullest lie
did pretend 10 question thai the Treaty power might
acquire foreign lerrilory but he made distinction
that when foreign Power alenaied only portion ot lis
territory. and thereby dsmemheed itself, treaty
necessary, bat the different when such tn.
vernnen alienard The whole ol lis territory. Such WAS
the distinction OF the gentleman Bot II there was any
thing In II, the gentlemen estopped from using such
an argument because the treaty. submitted al the last
session did propose ALLEVIATE the whole Texan terrific
ry. and the gentleman voted for il. BY his avn aei,
therefore, he had recognised the doctrine that the treaty
power Mas the proper instrument OF acquisition. even
when the whole territory ol foreign Government was
by lis ACT Ia be aenaled Doubtless the gentleman
had the cases If Louisiana and Florida in hts mind -.
Bu, even admitting the distinction taken, that did not
affect the domestic qucation with II affected only the
other party. The question: II falsrd not whether
This Government could acquire the territory ni annlhe
Cove mmen by treaty. but whether not coupe.
tent for foreign Government 10 ALLEVIATE tho wule al
lis territory without the consent u the people
But there mosi obvious way 10 avoid that difficult
ly. This Juni resolution provided for taking the
of the people of Texas the question IN their pri-
mary assemblies. And could treaty provide the
same thing}
And here he would remind the honorable Senator that
Nr. Madison, in the instructions given by hun at the
time Of the acquisition Of Louisiana, suggested that very
lhinrlhai mode should he provided Of obtaining
the consent 1t the inhabitants 10 The act al cessun 1t
according 10 th- GENERAL principle Of the law III
tons, Natle himself declared that in such the
people 10 be- consulted. Now, what Mr.. X. said
was this. that As the alienation OF the whole more
important Than the alienation of part there
greater necessity for observing all the constitutional guar
antics furnished by the rcaty~unknl power in
than in the other. The admission ol Texas being tho
io;oe case it required the nleposton u, all the guar
antics III The Constitution respecting transactions with
foreign nnllons and must have the assent o t~Ohirds
the sovereign members Of the Conlederaey.
Perhaps The honorable Senator had the idea that a
TRANSACTION like this, where ioregu Government Trans
II terred lis enre ,erfioy with all liz Inhabitants Ia The
e Government III sovereign, where transferred hn
e man allegiance well o The soil IT MAS
=. treaty. and he feared honorable freud IN his eye
(Mr FosTER) gnni deal taken by lhi. dnrlrlne.-
II liu, there any ground for ~ treaty Was an
D greenen with iofeign sveelpnj and where The
sovereignty in Texas2 Certainly, according to the A.
merican doctrine IN the mass II HE people. Now, III,
agreement made ultimately with The peope, III
stead Of beng less. II more emphacnlly treaty
with sovereign Power ihan If made with The GOVERN
only II the honorable Senator from Penhsy Iva
MIA really intended To intimate that Transaction b,
which entire territory aud people transferred 10
foreign sovereignty is ni properly treaty, Olough he
: at least would seem u be tslopped from such an afgn
by his Tor the treaty OF the last session. he
g, would give the Flaw and the prophets" Il was
ihurv from the weight of which that gentleman would
not delraci and 1t went directly 10 show that precisely
snrh II nsactlOn IN view Win The people oi
Texas is y treaty. Natle (hph chap l6) speaks o
/, forms of treaty. which one Of the parties ASSUMES
a subordinate relation 10 the ether the treaty 81
protection merely, aud the other treaty by which
Power, account OF Weakness an intimate commit
nifty of interest," other cause, submits isell entire
y 10 anohrr Ills language WAS lhls-hfst as IN lrea
ty of protection.
S "When nation is not capable Of preserving Itself
from insult and "ppesson she may procure The pro tee
ton Of a more powerful State. II she obtains this by
nnly engaging to perl1m certain articles. to pay
tribute IN return for the safely obaned furnish her
protector with troops. and 10 embark IN all his
JOINT concern. hut sill resefvng 10 herself the right o
, administering her Government at pleasure, IT is n
simple treaty Of protection, that does not at all derngale
from her sovereignty. and differs from the ordinary
treaties Of alliance, otherwise than as 1t creates differ
7 ence in The dignity of the contracting PARTIES"
/ Then follows paragraph describing precisely the ma
'nre OF the transaction now before us. by which one lo
egn State X proposed TO be completely subjected to
, a treaty. lie begged leave 10 read 1t 10 the senate:
"Bul This matter is sometimes carried still further
and. although nation is under obligation To pre-
serve with the utmost The liberty and independence,
il inherlts from Nature, yet when 1t has not suicien
strength Of ITSELF and feels itself unable TO resist us enc
mics, it may lawfully subject itself tot more powerful
naon on certain conditions agreed 10 by both parties
u and the compact teaiy Of submission vi" Ihenceior
ward be the and the rule OF the rights OF each
e For the people who enter into Subsection resign
u right which naturally belongs to them, and transfer
to another nation, they perfectly al liberty To annex
what conditions they please to this transfer; and the 9th
er party by accepting their subsection on this loolhg
I engages observe regiousy all the clauses OF the ted
" IT," =.
=, He knew that his honorable 4 learned friend from Mas
10 sacuseits Mr. CnoATE) had during the last session
thrown the idea that this moi properly the suhec
IF treaty. and had asserted that the records of hsar,
could not show an example Of such treaty With al
respect for the learning and sagacily Of his honorabl
friend he must nevertheless be permitted 10 say that o
J. this point he thought him mistaken. Such instance
must naturally have occurred in the mutations ofenplre
His friend well knew The frequency with which the at
sopon Of lesser States had occurred in the progress
= the Roman empire universal dominion. lie had no
made this point subject Of recent enquiry bat h
. thought he could not in saying that there had been man
instances Of the absorption aud Incorporation by treaty
mistaken II had also taken place in modern times
How had the vast monarches of Europe grown up an
extended themselves but BY the annexation n some ca
ses undoubtedly by convcnon) Of weaker territories
round them2 Let the honorable Senator consult III
Or classic pages of his own admirable Prescott, and
doubt not he will find there that the Spanish MONARCHY
h.d nj Inv the III