Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-03-15


terms of the resolution proposed for our adoption, will b.
that Congress assen TO the admission of Texas into thu
Union upon certain specified conditions and guarantees The
United States by OF this resolution propose Texas
to become member of the Union, and agree her adms
son if she will comply with certain conditions We there
fore propose the terms OF contracwe make proposals
invite acceptance they made to foreign independent
Government in the form OF Legislative resolution faccept
ed and the final favorable action Of Congress had uponthem
the consummatedt is executed and the foreign
Government exist and is transformed into State
the Union Can such contract be made, under Cons
tuition BIZ Congress the annexation be first made
by treaty. and the State then be admitted by Congress This
the precise question presented by this resolution and the
opinions TO which am now to advert on the distinction be
the treaty -makng and the Legislative power, will
think show the unconsutonaty of this resolution In the
debate on the commercial treaty with Great Britain in the
House Of Representatives in 1885, Mr. Calhoun reported to
have said:
g lie would establish he trusted to the satisfaction Of the
House. that the treaty -akg power when it egtiael
exercised always did that which could not be done by
= some Power may make war it requires two to
make peace II is state OF mutual amy succeeding HOSTILE
state that be created but with the
both parties II required contract treaty between the
nations at Is this peculiar to treaty of peace Nj;
all treaties 1t of their nature
not from any incidental circumstance attaching itself apar
cuar class II is less than that Congress-
make contract with foreign nation Let MS apply tito
treaty OF commerce. to this very Can Congress dowhat
this treaty has done IL has repealed the discriminating duties
between this country and England Either could by law repeal
its But by law they could go further; and for the
same reason that peace cannot be made by law Wheaever
then, ordinary subject OF legislation only be regulated
by contract passes from the sphere of the ordinary
hsree avs ana a.aees ss' 70 mat q sns making IS
grants Of power under the Constitution be controlled by
the instrument for having their existence from IL they must
OF necessity that form which the Constitution has i'm
posed This is acknowledged be true OF the legislative
power and is doubtless equally SO OF the power to make
treaties" tsWhateyer them concerns our foreign
relations whatever requires the Of another nation be-
longs to the treaty power only be regulated by IT. and
competent regulate all such subjects provdedand here
the Constitution" sBesides these constitutional
limits, the treaty power like all others has other limits de-
rived from its object and 1t has for its object contracts
with foreign nations the powers Of Congress have for their
object whatever be done relation to the delegated
per sphere operates with genial influence, but when they be-
come erratc then they are porentous and dangerous
treaty can legtmaey do that which be done b. law
and the converse is also true"
Mr.. Pinkney said
Ii is clear that the power of Congress as to foreign
only what processes be in the Constitutions le
gatiye power, be ererted mcibay 1ohom consultation
agreement NTH hiose with 1ohon hare intercourse Of
trade Ii is nndeniabe that the Constitution provide
for the exercise of another power relatively to commerce.
which should itself in concert with the analogouspower
other countries, and should bring about its results MT by
enacted by ITSELF but by international compact called
treaty that it is manifest that this other power is vesed by
the Constitution the President and Senate the only tepar
of the Government which authorizes make
aud which il enables to make all treaties"
These extracts require comment They affirm TINT
tracts with foreign Powers are without the jurisdiction of the
granted power be construed with References to The Con-
stuton taken a whole and that whatever requires the
Of another naon and is to be regulated by contract
passes from the legislative TO the treaty mang power Com
merca regulations. which have been held up in this debate
as legislative contracts, IN SUCH While force
they do indeed, operate incidentally upon the citizens of for
egn nations when within jurisdiction, but THEN direct
operation only within limits, and they may be
peaed at pleasure Hence they are not contracts but eg
ave regulations, affecting only such within uris
dctona limits which the legitimate boundaries Of all le
gislative acts
Keeping in view then, this plain distinction between the
treaty maing and the Legislative power inquire whether
this resolution, providing for the admission OF Texas into the
Union, be contract whether foreign reia
fions? whether it requires the consent Of another nation
II these questions be answered in the affirmative then the
subject embraced by the resolution belongs to the treaty. not
to the legislative power That this resolution contains all the
elements Of a contract is plain require argument
shall have occasion notice this point particularly here
after content myself present. with offering what indeed
seevident, that by this resolution enter into spua
tons with Texas which only in the Of but in
th,mseves constitute, contract which becomes operative
when it hereafter receives the sanction OF Congress and if
so then the opinions OF Mr. jefferson, Mr. Madison, and
,thers of period against the power have
hose later day. Of others OF our dsnguisnsd ssate-uen
To the precedents and opinions, uniform and decided,
ganst the exercise Of the assumed power implied in this
esouton be added the conemporaneous exposition OF
he meaning of this clause of the Constitution when under
discussion in the Convention well all that portion OF our
history which relates to it. shall not repeat the mas
ey analysis Of the proceedings OF the Convention touching
his which presented by my friend from Virginia.
Mr. RlyEs) desire only to call the attention OF the Sem
10 very prominent circumstance connected with this
part Of their proceedings.
The resolution Of Gov Randolph, which limited the power
% admit States to estates lawfully arising ,cihia The
limits of the United Saes," had received the sanction Of the
Convention different occasions, without dissenting
In this the members all united Now it credible that
they should have adopted the change haseoogy suggested
by Mr. Morris, and which is substantially the language
used in the Constitution if they supposed that the meaning
had been entirely changedand this too, unanimously Did
they believe that they removing restriction which they
had repeatedly decided should continue when they agreed to
change Of the words which had been used and possible
that this should have been done without remark the
slightest opposition such radical change, and with the
Of every member This is incredible. They
men intelligence who knew the and the meaning
Of words and clear the light of day that they must
have understood the change of words making change Of
meaning that the two forms of expression substantially
the same and intended convey the idea and the de-
bates these propositions referred TO by the Senator from
Virginia eucdac and strengthen the views thus expressed
will not enlarge them. II may be added, however, that
the controversy not whether foreign States out Of the
limits Of the United States should be admitted into the Union
gant this the Convention had provided but the contest
between the large and the small States the creation Of
States within the limits jurisdiction Of existing
States without the consent Of the latter and was upon this
point connected with this clause in the Constitution that
there division OF opinion in the Convention Besides,
there desire felt manifested TO provide for adding for
egn States the Union nasmuch the extent OF the then
limits Of the United States feared might be impede
the successful operation OF the Government And
hence il is TINT the acquisition Of other territory constitute
part Of the Unon must be made (f made at ally by that
alone which make contracts with foreign nations
the treay-makng TO the exercise Of which the
Of twohrds Of the Senate made necessary
proceed call the attention Of the Senate another
argument showing that the power Of Congress does otexend
TO the subject Of this resolution is admitted by the adj