Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-12-27

adopted session, 10
The admission OF Texas aud condemning in the most decides
terms his in favor of them MY colleague says that
does not intend TO make issue with the Legislature bu
he that his in opposition to the known
will Of the people of the State In my opinion those csou
tons do speak the and feelings OF very large pof
ton Of that people and Of this think there is the highest ev
dence Previous 10 the passage OF the resolutions OF the las
Congress- the citizens OF Connecticut had made known the
views in various ways upon the subject Of the admission Of
foreign State into the Union They Were almost unanimous
opposed it. After those resolutions had received the
Of Congress- the annual election held in the State
and the members of the Legislature which adopted the
buttons referred by my colleague chosen twas that
Legislature which passed them, after debeaton and full
derao and the form Of Legislative act, repeated the
views and wishes Of that Commonwealth, and In language
plain and unequvoca denounced the resolutions Of the last
Congress- and ponedy condemned my colleague for his
their favor In this act Of the Legislature the sentiments of
the great OF the people OF the State declared The
resoves-a of hem-wee such those whom they repre-
scented expected and desired should be adopted and have
doubt that they express the settled convictions of large
ory Of tho people Of the State when they that the
Of my colleague was in opposition to the clearly expressed
will Of the people OF Connecticut and that the resolutions
which he voted incompatible with the spirit Of the Deca
ration of Independence with the compromises Of the Federal
Constitution and with the great purposes for which it is de-
cared by the people have been ordained and established
My colleague says he altogether satisfied with the
resolutions proposed to be adopted by Congress- they
from the House of they objection
able but with the amendment proposed and adopted in the
Senate, he voted for Yes sir he did vote for them SO
amended, and yet he knew perfectly well that the amendment
left the President perfect liberty upon the resolutions
independent of the amendment optional with him
submit the original the amended resolutions i need
say what the general expectation and belief which
alternative the Executive would adopt, but know he
did act independently Of the amendment the resolutions
thozed him do and my colleague voted for those resou-
tons, considering them before amendment objectionable,
and yet with full knowledge that the President liberty
to exercise his discretion whether he would would noub
NIT Texas the the other Of the alternative PROPOSE
tons contained in the resolutions.
NV colleague also said
given him. and therefore he supposed he at liberty and
that intended he should be liberty to exercise his
own judgment respect TO the matter In reference to this
subject and others of like character Is dcultor one to
perceive how any substantial distinction be mad by those
who believe in the doctrine of instructions (Which do mott
between those in which precise and definite Instructions
gven and those in which, other forms cr and dis
tnct the views and wishes of the people of State deca
ed and made manifest and why public servant should pro-
Tess consider the former binding upon him the latter
creating such obligation. Indeed instructions in terms
and assuming distinct and definite form, sometimes be
useless nasnuch is not always the practice Of who
believe in the binding force of Instructions (of which number
not one) TO obey them, unless they approveof them
have deemed proper to take this notice OF the remarks OF
colleague which connected with the proceedings of the
Legislature; and repeat that those proceedings in my
judgment fully and entirely warranted by the general feeling
and opinions of the citizens of Connecticut.
proceed to state my objections TO the resolutions
under consideration They declare that the of Texas
has been given to the conditions and guarantees contained in
the first and second sections Of the joint resolution approved
1912 lnat people Oh auopuu
constitution and erected State with republican form OF
government and therefore they provide that Texas shall be
and is of the United States and admitted into the Union
on equal footing with the original States, in al respects
whatever and that, until appoionmcn made of
Representatives in Congress- the State of Texas shall choose
two Representatives.
shall vote against these resolutions for the
which induced against the Joint resolutions Of the last
Congress relating the admission of Texas believe that
is both unconstitutional and highly mex peen TO pass them
Whether the resolutions of March, ls45, contained
promise and pledge that the compliance by Texas
with s's farms and conditions specified in hem she should be
admitted into the Congress could refuse to fulfil
that promise and redeem that pledge hat those
resolutions unconstitutional is question am not
ed upon, is il purpose to consider. find
sion into the inquiry, WHETHER in the case suFp
the resolutions ought be considered by Congress at this SEES
sion having been consutonay adopted because they
ceyed the sanction of Congress the preceding session. and
that to be treated here valid and binding
Legislature may have the power at session to repu-
dae the grants aside the executed contracts made at
previous session, and yet there possibly may be cases do
not affirm there be any such) where Legislature
subsequent session. would be justified in treating acts
passed preceding void the ground OF the want
of constitutional power to pass them For example suppose
the resolutions of March, lS45, had provided that Texas
might impose duties exports replenish her treasury or
that all foreign goods might be admitted into her ports free OF
duty would this Congress be restrained from passing laws 10
prevent the of the duties in the 10 enforce
the payment them in the other Such resolutions would
indeed be open papabe violations of the Constitution and
perhaps So the opinion OF many than the aInis
act or resolution of Congress If be that Congress
have right agtae the question OF constitutional
power regard TO the proceedings preparatory to the admis
Of Texas because previous Congress have decided it,
would they have right to consider it in either of the
which have supposed And would they be compelled TO
admit Texas into the Union, with the asserted right to lay du
ties exports and import foreign merchandise free OF duty
because the faith of Congress had been pledged to give her
this privilege, this exemption If however, il should be
said that in such the Of Congress is to be treated
binding by future Congress- until set aside by the judicial
tribunals of the nation being unconstitutional, il may be
asked whether the principle would be applied to UNION
sutona acts of Congress- which be reached by those
tribunals If the resolutions Of March, ls45, had provided that
the State Texas should have three Senators and repsen
tatve and she should form Constitution under such spu
aton and guaranty, would they be binding This Congress?
is difficult perceive how the of the United States
could take cognzance Of such and however clear il
is hct such a stipulation would be violation of the Const
tuition, is Congress without power to declare it to be
Must the act Of the Legislature forever bind all subsequent
Legislatures And how the constutionaly Of the
uons Of the last Congress be settled except by Con-
gess Can the Supreme Court Of the United States decide
h If Texas be admitted is there any process known
the law by which she be compelled submit this
sttuona question TO the judicial tribunals Of the country,
and if decided against her, be elected from the Union But
these matters which express opinion have
merely thrown out these suggestions but with the Of
affirming denying the power of Congress to act upon the
question Unconstitutional law to which reference has beede
| am under necessity to decide this question.
consider the resolutions Of the last Congress leaving
open the whole subject Of annexation the judgment and
discretion of this Congress They contain pledge Of adj