Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-02-22


py hm adherence 10 Justice, temperance moderation,
virtue and by frequent to fundamental principles
II ever there had been occasion which called for such
curence and the exercise of these saving virtues this
Having where the Constitution has deposited the pow
er OF making treaties the question which presented tse
was this What is treaty for that question depends
the rightful decision on the measure proposed.
An attempt had been made TO attach technical and cabal
istic meaning the word which, adopted excud
many international contracts. But this so We wer
in possession Of what justly deemed the highest author
such questions Vatte told what the naked fun
damenta conception of treaty. defining il to be g publ
compact between Independent sovereign powers That wa
the whole matter there mystery about it, He knew
indeed that in the language of diplomacy had both reae
and articles OF convention, but conventions all treaties
not whence did the Senate derive its power raty
ventons, so called An agreement between nations
reference to specific object a single act be performed
such the payment of ndemnites the fixing of
important boundary usually denomnated convention
m 1t was In substance treaty. for the term treaty
nc and comprehended the whole. treaty, according the
highest authority, simply International compact
IL was important to know what this term treaty
understood by the people when they called to aty
the treaty making power laid down in the Constu
ton And this point gave him great pleasure to turn the
attention of the Senate brief passage of the Federas
which not only furnished definition Of treaty, but went to
explain the whole nature philosophy, and conception OF the
treaty-makng power Gentlemen would find the passage in
No. rs of the Federalist, page 322
The of the Legislative is to laws or in 9TH
er words to prescribe rules for the regulation Of the society
while the execution Of the laws and the employment of the
fence to comprise all the functions Of the Executive
istrae The power Of making treaties is plainly neither the
the other II relates neither to the execution OF the
subsisng laws nor to the enacon OF and still less
to exeiion Of the strength Its objects
tracts 1r foreign Po1pe,s which have the force of law but
derive from the obligations OF good faith They are not rules
prescribed by the sovereign the subject but agreements be-
cee sovereign and sovereign The power in question, there
FORE form distinct department. and to belong pro-
pery neither TO the Legislative nor to the Executive
II r.
ton of treaties and the treaty making power, Mr. II. turned
the joint resolution which had received from the House
OF Representatives, and he would inquire whether not
to all inens and purposes in every practical sense treaty.
and nothing but treaty It was not change of
variation In form which affected the substance of things He
put to gentlemen say whether this joint resolution not
N substance "conrdc ,cih foreign Po,uer? Was it
not treaty, in the language of the Federa Just as much
rs Mr. Tyers treaty, which had been submitted the last
session What was contract His learned friend from
Pennsylvania Mr. BucHASAS) needed not to be reminded
hat contract was s'ageement TO do to do par
cular thing sufficient consideration" Was not this an
agreement, certain terms and conditions admit foreign
nation into this associated Federal Republic The question
answered ITSELF What had the honorable Senator done
terday Had he not gone the Of this agreement
declaring that of them he liked and others he did not
like In this resolution Congress asked say Texas
" If you will unherse your President dissolve your Govern
ment go back to state of nature cede all your public
establishments mines, minerals and every thing but your
public lands retain your public domain continue responsible
for your debts agree to the understanding that States
may be carved out of your territory, the condition that
all OF them north of certain line slavery shall be prohibited
forever, and in those south of il shall shall not be pro
hibted, as the people may choosef you will do all these
things then is bargain and will admit you into our
Coniederacy equal terms with ourselves. Now if this
was not an agreementif contract and that with
ain extraordinary display Of too then Mr. r. did not
know what agreement contract That was an
agreement all the world No man could wink SO
hard not to it. The only question, them which re-
manned was, whether not an agreement with freo
Independent Pocer?
What then, was Texas, Need Mr. r. at this time Of
day. prove the title of Texas national independence
Should he be told that she foreign sovereign in
dependent Power He presumed not. Then, whether we
looked at the terms at the pares this agreement
bef,ceen sovereign and sovereign.
Now, then, where was such agreement to be consu-
mated according to the Constitution He asked the honor
able Senator from Pennsylvania where The joint resolu-
non announces IFS true character its face Res Dsa Oqu
f IL is styled Joint resolution declaring the terms on
which Congress will admit Texas the Union as State
When we looked at the body of the resolution did bear the
ordinary badge of legislation"be il enacted ~ No: its
language "be it consented "A laugh II was the
language of the marriage CEREMONY whereas A. and b.
have consented together in holy wedlock Increased laugh
ter (He sorry to be obliged to make such auson
when addressing the honorable gentleman, who get
initiated in these mysteries More laughter Yes its
terms "be it consented " it is hereby agreed" not
g hereby enacted 1t the very language Of treaties
Gentlemen could not wink hard it was in
substance treaty, begun and ended by legislation.
And further when looked the subject matter of the
Mr. r. averred not only that il treaty. but
that the object could be consummated in other way than
BY treaty.
Mr.. R. laid down this proposition and he invited the hon
orabe Senator (who, though not Philadelphia lawyer"
was at all events Pennsylvania lawyer to find flaw in il If
he could he asserted that foreign territory could peace
ably be acquired upon and conditions in this case)
in any other mode than by treaty because such territory
ing under an independent sovereign Power could be
the tnft
when that consent given, whatever FORM constituted
a treaty, and nothing else.
He had heard, by Of embarrassing and mystyinp the
subject great deal said the various modes in which ter
rory could be acquired They told that might be
qured by conquest and by discovery So could but neither
Of these modes affected Mr. RS proposition in the least He
said could not be eaceay acquired this terms excud-
ed acquisition by conquest and by implication excluded
discovery because referred TO of peoped and settled
country under the jurisdiction Of sovereign organized Power
He again invited his honorable and learned friend to II
he could Let him point out mode by which foreign terri
tory could be peaceaby acquired the proper political sense
of the rights OF jurisdiction attaching it otherwise than by
treaty.
century, had to be the settled law of the land that
the treaty power could acquire foreign territory and that
exclusively was competent to that function,
Mr. r. went to say that this question had up
decision before the highest judicial tribunal Of the country
the of the American Insurance company Caner
rred TO by the honorable Senator from Kentucky mr.
HEAp when that august court had pronounced the opinion
that the Constitution having established the eay-makne
power without qualification restriction, it had the
Government which IL had in all other Governments
and egtmaey extended TO the acquisition of foreign territory
He lawyer and felt if he going of his spher,
quoting his learned friend He understood how
ever that the honorable Senator recognised the correctness
that decision in its fullest He did pretend ques
ton that the treaty power might acquire foreign territory bu
he made dstuction-ha when foreign Power alenatec
only portion Of its territory, and thereby dsmembered itself